1,383 Florida cases classified under this topic, plus 1,569 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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The court held that the jury's observation of a co-defendant's guilty plea and the judge's comment on it in the jury charge, while not ideal, did not constitute reversible error given the overwhelming evidence of guilt and the lack of demonstrable unfairness.
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The court held that the trial court did not err in denying defendants' broad requests for all documents and grand jury testimony of a government witness, as the produced 'Report B' contained all relevant information and any error in withholding other documents was harmless.
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219 F.2d 773·
7th Cir.·
1955-01-25
·cited 22×
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The dissenting judge holds that the defendant did not receive a fair trial due to numerous prejudicial errors.
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75 Fla. 815·
Fla.·
1918-03-27
·cited 22×
The Florida Supreme Court affirmed a larceny conviction, holding that the trial court did not err in its evidentiary rulings or in refusing certain jury instructions. The appellate court found the evidence of guilt was ample and any technical errors were not prejudicial.
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Rodney Tyrone Lowe appeals his death sentence for the 1990 first-degree murder of Donna Burnell. The Florida Supreme Court affirms his sentence, rejecting claims including Hurst challenges, proportionality arguments, and various trial errors related to jury instructions, evidenti
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Patrick Hannon, under a death sentence with an active execution warrant, appealed the denial of his third and fourth successive postconviction motions. The Florida Supreme Court affirmed the circuit court's denials, rejecting challenges to the lethal injection protocol, the Gover
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Leo Louis Kaczmar, III appeals his death sentence imposed after a new penalty phase proceeding following this Court's remand due to erroneous aggravating factors in the original sentencing. The Florida Supreme Court affirms the death sentence, finding that although a Hurst v. Flo
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Kevin Thomas appeals his conviction for possession of cocaine with intent to sell, arguing the trial court failed to conduct an adequate Richardson hearing after discovering the State did not list Detective Tianga as an expert witness in discovery, despite presenting him as such
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827 So. 2d 1086·
Fla. 1st DCA·
2002-10-14
·cited 21×
Eugene Jones appealed a trial court's denial of his motion to withdraw a guilty plea, arguing the court erred by failing to appoint conflict-free counsel to represent him at the hearing as he requested. The appellate court held that once a defendant and counsel take adversarial p
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941 F.2d 598·
7th Cir.·
1991-08-27
·cited 21×
The court held that the admission of the government's expert witness testimony regarding the analysis of the transaction and its tax consequences was not manifestly erroneous. The dissent also disagreed with the majority's rejection of the harmless error doctrine.
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The court affirmed the convictions, holding that the trial court did not err by failing to inquire into a potential conflict of interest, that contact with sequestered witnesses was not prejudicial, and that other claims regarding confrontation clause rights, severance, evidence
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The court held that the admission of hearsay testimony regarding the defendant's prior criminal acts was improper and violated the Confrontation Clause, and that this error was not harmless.
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The court held that the failure of Thomas's attorneys to file a brief on the State's appeal from the suppression ruling constituted a complete denial of counsel at a critical stage, violating the Sixth Amendment, and that this violation could not be considered harmless error.
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A trial court's denial of a defendant's request to consult with counsel during a trial recess while the defendant is testifying constitutes error, and such error is harmful—not harmless—when the defendant's credibility is a crucial issue and the consultation is denied at the prec
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The court held that the trial court abused its discretion by denying the defendant's motion to recuse the prosecutor, who was a material witness, and that the prosecutor's summation contained prejudicial misconduct. The court also held that the defendant's statements regarding an
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The 1975 Alabama death penalty statute's sentencing procedures, which required the judge to consider the jury's mandatory death sentence, are unconstitutional. However, the statute's preclusion of lesser included offenses at the guilt phase did not entitle the petitioner to a new
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Florida Administrative Code Rule 10A-5.18(5) is an invalid exercise of delegated legislative authority because the Department of Health and Rehabilitative Services failed to provide an adequate economic impact statement analyzing the rule's effects on affected ACLF operators and
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673 F.2d 346·
11th Cir.·
1982-04-16
·cited 21×
The court held that venue was proper for the mailbag injury charges and that the trial court did not err in denying severance, admitting statements, or refusing to suppress evidence from the search.
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639 F.2d 1301·
5th Cir.·
1981-03-19
·cited 21×
The admission of Germany's incriminating statement was harmless error, and the state court's factual findings regarding the compulsory process claim are presumed correct under 28 U.S.C. § 2254(d).
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The court held that the denial of the motion to strike the co-defendant's testimony was not reversible error, and that the identification procedures, search of the vehicle, and supplemental jury instruction were proper.
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551 F.2d 639·
5th Cir.·
1977-04-28
·cited 21×
The dissenting judge believes the majority erred in holding Mary Brown's statements inadmissible, finding she made a clear waiver of her right to counsel.
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The court held that a prosecutor's brief, unchallenged comment on a defendant's failure to testify, when followed by curative jury instructions, did not constitute plain error warranting reversal.
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503 F.2d 339·
3d Cir.·
1974-08-15
·cited 21×
The court held that the prior Pennsylvania practice of allowing trial judges discretion to give or withhold voluntary manslaughter instructions without clear standards violated due process.
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474 F.2d 157·
4th Cir.·
1973-02-14
·cited 21×
The court held that the district court had jurisdiction and venue to try the defendant for a crime committed in a U.S. embassy abroad, and that while restricting cross-examination from a learned treatise was error, it was not prejudicial.
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The court held that the failure to produce the officer's original notes was harmless error beyond a reasonable doubt.
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Federal courts lack habeas corpus jurisdiction for a petitioner not in custody, and the denial of funds for a defense psychologist was within the trial court's discretion.
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This case reviews an appeal concerning an improperly calculated sentencing scoresheet. The appellate court affirmed the sentence for one charge but reversed and remanded for resentencing on others due to the scoresheet error.
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Myron Franklin was convicted of robbery with a firearm, aggravated fleeing and eluding, and grand theft of a motor vehicle based largely on two statements he gave in the hospital. The court reversed and remanded for a new trial because the Miranda warnings given to Franklin were
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Sanders appealed the summary denial of his rule 3.850 postconviction motion claiming ineffective assistance of counsel for trial counsel's failure to request a jury instruction on a lesser included offense. The court affirmed, receding from prior precedent and holding that such a
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The court held that the trial court did not err in denying the motion to suppress cocaine found in the defendant's rental car, nor in denying a mistrial based on a prosecutor's comment.
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Dennis Escobar appeals his conviction for first-degree murder and death sentence in the shooting death of Miami police officer Victor Estefan. The Florida Supreme Court reverses and remands, finding reversible error in the trial court's decision to hold a joint trial with his cod
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Carlton Bernard Tape appealed his conviction for three murders and one attempted murder, raising seven points for reversal. The court affirmed the murder convictions but reversed the attempted murder conviction because Florida law does not recognize attempted felony murder as a c
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648 So. 2d 1226·
Fla. 4th DCA·
1995-01-18
·cited 20×
Vivian Madison appealed a trial court judgment in a health insurance dispute, and the insurer cross-appealed regarding taxable costs. The court affirmed both appeals, holding that the policy's non-renewal and grace period provisions were unambiguous, the insurer made no material
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In a wrongful death action arising from a truck accident, the appellate court reversed the trial court's refusal to give jury instructions on certain traffic control law violations as evidence of negligence, but affirmed the admission of a criminal homicide detective as an accide
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978 F.2d 1300·
2d Cir.·
1992-10-21
·cited 20×
The court held that the warrantless seizure of a vehicle for civil forfeiture, without probable cause or a warrant, violates the Fourth Amendment, but the admission of evidence derived from such seizure can be harmless error. The court also held that evidence of prior drug transa
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The court affirmed the RICO convictions, holding that a scheme to defraud civil litigants of money through mail fraud and witness bribery constitutes racketeering activity under RICO, and that the definition of 'witness' under New York Penal Law § 215.00 includes individuals paid
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The court has supervisory power, but its exercise is limited and must be used with caution.
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The court held that a district court's failure to inform a defendant of the possibility of supervised release during a guilty plea colloquy, when the aggregate maximum penalty exceeds the statutory maximum previously stated, requires reversal and vacation of the sentence, allowin
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934 F.2d 599·
5th Cir.·
1991-06-13
·cited 20×
The court affirmed Baytank's RCRA convictions, granted the government's mandamus petition for special assessments, and reversed/affirmed parts of the government's appeal regarding other defendants and counts.
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The court held that the petitioner's Penry claim, competency to stand trial claim, and competency to be executed claim were procedurally barred or lacked merit, and thus denied the application for stay of execution.
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928 F.2d 1413·
4th Cir.·
1991-04-01
·cited 20×
The court held that the jury's verdict on age discrimination was supported by substantial evidence, but the submission of front pay to the jury was improper, requiring an equity trial for that issue.
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924 F.2d 647·
7th Cir.·
1991-01-28
·cited 20×
The court affirmed convictions for RICO and other offenses, finding no merit in the appellants' numerous claims of error, including double jeopardy, insufficient interstate commerce nexus, and improper evidentiary or sentencing rulings.
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The court held that the admission of unredacted grand jury testimony during deliberations, while potentially a Sixth Amendment violation, was harmless error because the testimony was cumulative and the defendant's credibility was extensively attacked. The court also affirmed the
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912 F.2d 1014·
8th Cir.·
1990-08-31
·cited 20×
The dissent argues that the majority erred by not applying the Leon good faith exception to cure the taint of evidence obtained during an invalid detention, and that reasonable suspicion existed for the initial stop.
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The court held that the defendant's actions, including entering into an 'independent contractor' agreement with the intent to evade taxes, constituted affirmative acts sufficient for a tax evasion conviction. Any variance between the indictment's allegation of 'employer' and the
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879 F.2d 331·
8th Cir.·
1989-07-10
·cited 20×
The court held that while evidence of a prior act was improperly admitted, the error was harmless due to overwhelming evidence of guilt, and the trial court did not err in applying the Sentencing Guidelines.
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The exclusion of hearsay evidence regarding Bennie Peak's state of mind was harmless error and did not affect substantial rights.
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The court held that the district court erred in denying the defendant access to interview jurors who served with the government's key witness, as this violated her constitutional right to present a defense, but that the other claims of error were without merit.
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Life From The Sea and York Fitness Center appealed a jury verdict awarding damages to a plaintiff injured while moving equipment. The court affirmed, rejecting arguments that the jury instruction on premises liability for independent contractors was improper and that ex parte jur