1,384 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 Florida Board of Clinical Laboratory Personnel appealed an administrative law judge's invalidation of proposed rules changing clinical laboratory technician licensure requirements. The First District Court of Appeal reversed, holding that the ALJ applied an incorrect burden o
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710 So. 2d 93·
Fla. 4th DCA·
1998-04-15
·cited 2×
Margaret Beerman appealed a jury verdict in a personal injury case arising from an automobile accident, challenging the trial court's limitation on cross-examination of the defendant's medical expert regarding his prior work for defense counsel. The Fourth District affirmed, hold
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711 So. 2d 581·
Fla. 2d DCA·
1998-02-04
·cited 2×
Paul E. Smith appeals his convictions for two counts of capital sexual battery. The appellate court found that the trial court erred in admitting inadmissible and prejudicial portions of Smith's video-taped confession, but held the error was harmless beyond a reasonable doubt and
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The Florida Fifth District Court of Appeal reversed a trial court's order granting O'Rourke a new trial on attempted first-degree murder, finding that the failure to instruct the jury on justifiable and excusable homicide was harmless error when the crime charged was two steps re
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692 So. 2d 943·
Fla. 5th DCA·
1997-04-11
·cited 2×
The court held that the defendant's conviction and sentence for possession of a firearm by a convicted felon should be affirmed.
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Patrick Watson challenged his conviction on two grounds: an alleged Batson violation in jury selection and the trial court's failure to make written findings when sentencing him as a habitual felony offender. The Florida appellate court rejected both arguments, finding the prosec
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Christopher Martinez was convicted of manslaughter after admitting he shot the victim but claiming self-defense. The Florida appellate court reversed because the trial court failed to reinstruc the jury on the definitions of justifiable and excusable homicide when the jury specif
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The court held that the enhancement statute for sexual battery does not apply to attempted sexual battery.
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655 So. 2d 1263·
Fla. 4th DCA·
1995-05-31
·cited 2×
Orson Harris appeals his conviction for delivery of cocaine within 1,000 feet of a school. The court affirms the conviction, holding that any error in the admission of testimony about the defendant's presence in a high drug area was harmless beyond a reasonable doubt.
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Angelique Mondo was convicted of simple battery after being charged with aggravated battery. The Florida Fourth District Court of Appeal reversed because the trial court failed to conduct an adequate Richardson hearing into the state's discovery violation regarding undisclosed st
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Vincent Rigsby was convicted of aggravated child abuse, child abuse, negligent treatment of a child, and aggravated battery with a deadly weapon. The Florida District Court of Appeal reversed and remanded for a new trial, finding that the prosecutor improperly commented on Rigsby
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994 F.2d 609·
9th Cir.·
1993-09-02
·cited 2×
The court held that the evidence was sufficient to prove knowledge for wiretap disclosure and that the jury instruction on knowledge was proper, rejecting the First Amendment challenge.
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The court held that errors in grand jury proceedings or the destruction of evidence do not warrant dismissal of an indictment after conviction if the defendant was not prejudiced and the police did not act in bad faith. Confessions were admissible as they were voluntary and knowi
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The court held that a criminal defendant can knowingly and voluntarily waive the protections of Federal Rule of Evidence 410 and Federal Rule of Criminal Procedure 11(e)(6).
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The court held that the exclusion of the defendant's testimony regarding a conversation during the alleged incident violated his Sixth Amendment right to testify and was not harmless error.
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The court affirmed the convictions, finding sufficient evidence and no reversible error in the trial court's decisions regarding evidence, jury instructions, or procedural matters.
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619 So. 2d 26·
Fla. 4th DCA·
1993-05-26
·cited 2×
Where statutory criteria for habitual felony offender status are met, the trial court is mandatorily obligated to make such a declaration, though subsequent sentencing retains discretionary aspects.
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996 F.2d 145·
7th Cir.·
1993-05-20
·cited 2×
The court held that even if the exclusion of certain impeachment evidence violated the defendant's constitutional rights, the judge's curative instruction rendered the error harmless beyond a reasonable doubt, and a sentence challenge failed.
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991 F.2d 943·
1st Cir.·
1993-05-06
·cited 2×
The court held that the prosecutor's repeated misconduct, including improper statements and the introduction of irrelevant and prejudicial evidence, deprived the defendant of a fair trial.
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The court held that admitting a defendant's financial affidavit, used to obtain court-appointed counsel, into evidence at trial violated the Fifth Amendment privilege against self-incrimination, but that this error was harmless beyond a reasonable doubt.
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The admission of a videotaped interview of a child complainant, without the child testifying in court and being subject to cross-examination, violates the Sixth Amendment's Confrontation Clause, and such an error is not harmless when the videotape likely contributed to the convic
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The court held that the district court's failure to properly apprise the defendant of the direct consequences of his guilty plea, in violation of Fed.R.Crim.P. 11, constituted an entire failure to address a core concern, requiring automatic reversal. Additionally, convictions for
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David Keith appeals his aggravated battery conviction, challenging a jury instruction on self-defense that incorrectly stated the law regarding justifiable use of nondeadly force. The Florida First District Court of Appeal affirms the conviction, finding the instructional error h
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The court held that a prosecutor's questioning of a defendant about her post-arrest silence, despite a timely objection and the court's instruction to answer, violated the Fifth Amendment and was not harmless error, requiring reversal of her conviction.
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983 F.2d 1425·
7th Cir.·
1993-01-19
·cited 2×
The court held that defendants' sentences, including obstruction of justice enhancements, were properly affirmed, and that the district court's factual findings were not clearly erroneous, with any minor inaccuracies in the presentence reports being harmless error.
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The court held that appellate counsel was not ineffective for failing to argue inadequate notice of a felony-murder charge, as the appellant received constitutionally adequate notice through trial proceedings and evidence presented.
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The admission of a photograph showing numerous weapons, which was only marginally relevant to the defendant's defense and highly prejudicial, constituted an abuse of discretion and reversible error under Federal Rule of Evidence 403.
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The court held that the district court did not err in its jury instructions regarding the definition of check kiting and that mailing title policies was incident to an essential part of the mail fraud scheme.
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The court held that a sentence imposed as a result of a misapplication of the Sentencing Guidelines must be vacated and remanded unless the error was harmless.
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979 F.2d 790·
10th Cir.·
1992-11-06
·cited 2×
The court held that the evidence was sufficient to sustain the conviction, any error in jury instructions was harmless, and sentence enhancements were proper. Claims of ineffective assistance of counsel are not considered on direct appeal.
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The court held that the district court did not abuse its discretion in denying the motion to strike testimony for alleged grand jury abuse, nor in admitting the drug ledger and a co-conspirator's judgment and commitment order.
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The court held that the denial of an administrative appeal was harmless error because the issues were fully litigated in the district court, and the Environmental Impact Statement (EIS) adequately addressed alternatives and environmental impacts under the National Environmental P
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The court held that the district court erred in admitting extraneous evidence of prior bad acts under Federal Rule of Evidence 404(b) because its probative value was slight and substantially outweighed by the danger of unfair prejudice.
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The court held that the district court's remarks regarding the defendant's alien status and the Sentencing Guidelines, while inappropriate, did not improperly influence the sentence, and the evidence adequately supported the findings regarding the number of participants and the d
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973 F.2d 339·
4th Cir.·
1992-08-19
·cited 2×
The court held that the obstruction of justice statute, 18 U.S.C. § 1503, applies to corruptly persuading a grand jury witness, even after the enactment of 18 U.S.C. § 1512, and that sufficient evidence supported the conviction.
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The court held that the exclusion of the victim's statement did not deprive the defendant of constitutional rights, and the defendant waived his claim regarding impeachment with a prior conviction by not testifying.
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The court is bound by prior panel precedent (Barrett) despite disagreement with its reasoning regarding impeachment evidence foundation.
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The court held that the district court erred by applying an improper harmless error standard and shifting the burden of proof when analyzing the prejudice prong of an ineffective assistance of counsel claim.
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An improper view of a scene by a judge without notice to parties is reversible error unless it can be shown to have had no effect on the decision.
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The court held that while admitting telephone testimony and failing to provide a meaningful opportunity for counsel to object to a jury instruction response were errors, they did not constitute prejudicial error requiring reversal.
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590 So. 2d 476·
Fla. 1st DCA·
1991-11-26
·cited 2×
Roosevelt Franklin appeals his conviction for burglary of a dwelling. The trial court violated Florida Rule of Criminal Procedure 3.410 by giving the jury a copy of written jury instructions in response to their question without first notifying counsel, constituting per se revers
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942 F.2d 405·
6th Cir.·
1991-08-22
·cited 2×
The court held that even if jury instructions contained error regarding the 'contemporary community standards' prong of the obscenity test, such error was harmless beyond a reasonable doubt given the obvious obscenity of the materials.
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The court held that warrantless border searches were supported by reasonable suspicion and that alleged prosecutorial misconduct before the grand jury did not warrant dismissal of the indictment.
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The court held that the district court's refusal to instruct the jury on all elements of the charged offenses was reversible error.
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The admission of a nontestifying codefendant's confession was harmless error beyond a reasonable doubt, and therefore, habeas corpus relief is denied.
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The court held that the admission of hearsay testimony violated the petitioner's Sixth Amendment confrontation clause rights because the prosecution failed to demonstrate the witness's unavailability with a good-faith effort and the hearsay lacked sufficient indicia of reliabilit
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933 F.2d 510·
7th Cir.·
1991-05-22
·cited 2×
The court held that while the ALJ applied an inappropriate causation standard, the case must be remanded for the ALJ to apply the correct standard, as the evidence was not so clearly insufficient as to render the error harmless.
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The court held that the district court abused its discretion by denying an evidentiary hearing on allegations of jury misconduct involving extrinsic evidence.