664 Florida cases classified under this topic, plus 839 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
-
671 F.2d 1328·
Ct. Cl.·
1982-02-24
·cited 8×
The court held that the plaintiff was denied fair consideration for promotion due to material errors in his records and the illegal composition of selection boards, rendering his non-selection and subsequent release from active duty void.
-
The court held that while the prosecutor's comment on the defendant's silence was improper, it constituted harmless error due to overwhelming evidence of guilt. The court also affirmed the trial court's decisions regarding identification instructions, hearsay, discovery, and cont
-
The admission of one defendant's out-of-court statement inculpating a co-defendant, when the declarant does not testify, violates the Confrontation Clause and constitutes plain error, requiring reversal of the co-defendant's conviction.
-
592 F.2d 406·
8th Cir.·
1979-01-31
·cited 8×
-
The court held that the trial court erred by failing to make an explicit finding on the voluntariness of the defendant's statement, considering the issue of intoxication, with unmistakable clarity.
-
570 F.2d 114·
6th Cir.·
1978-02-08
·cited 8×
The court held that the EDA's regulations for allocating public works funds were not arbitrary or capricious, and that the district court erred in granting summary judgment against the EDA. The court also found the district court's procedural errors in granting summary judgment t
-
548 F.2d 840·
9th Cir.·
1977-01-17
·cited 8×
The court held that the defendant's conviction for perjury was supported by sufficient evidence, as the two-witness rule was satisfied by the agent's testimony and the defendant's own signed statement and trial testimony.
-
336 So. 2d 408·
Fla. 3d DCA·
1976-08-17
·cited 8×
The defendant appeals his conviction for possession of burglary tools, breaking and entering, and grand larceny, challenging the trial court's denial of two motions for mistrial based on allegedly improper prosecutorial evidence. The appellate court affirmed, finding that while o
-
538 F.2d 1255·
6th Cir.·
1976-07-27
·cited 8×
The court held that despite potentially improper testimony regarding the defendant's prior incarceration, the conviction should be affirmed under the harmless error rule due to overwhelming evidence of guilt.
-
530 F.2d 1152·
5th Cir.·
1976-04-28
·cited 8×
The court held that the use of an unconstitutionally obtained probation revocation at the punishment stage of a trial, to argue for a longer sentence, violates due process and equal protection.
-
511 F.2d 7·
6th Cir.·
1975-02-11
·cited 8×
The court held that the erroneous limitation of cross-examination regarding a witness's criminal history and potential bias was harmless error because the evidence of guilt was overwhelming and the witness's testimony was not critical. The court also affirmed the denial of search
-
The court held that the exclusion of testimony regarding the victim's reputation for truth and veracity improperly restricted the defendant's opportunity to present an adequate defense.
-
William Horton was convicted of rape in a joint trial with his brother Leslie. The trial court suppressed William's own statements under Miranda, but allowed Leslie's incriminating statements against William at trial despite William's lack of opportunity to cross-examine Leslie.
-
482 F.2d 1355·
9th Cir.·
1973-08-06
·cited 8×
The court held that the government's failure to produce certain receipts under the Jencks Act was harmless error, and the trial judge did not abuse discretion in restricting cross-examination.
-
The court held that the denial of a free transcript of a co-defendant's trial was harmless error, and the search warrant affidavit provided sufficient probable cause.
-
269 So. 2d 426·
Fla. 1st DCA·
1972-11-30
·cited 8×
William Tommy Daughtery was convicted of armed robbery after testimony that he pulled a gun during the third visit to Kassees Grocery Store. On appeal, Daughtery challenged the trial court's admission of hearsay evidence—a statement by an unknown boy that the group planned to rob
-
The court held that the trial court committed no plain error in admitting in-court identifications, as they were based on independent sources other than the tainted lineup identification.
-
The court held that the jury instruction under 21 U.S.C. § 176a, while containing an unconstitutional inference, was harmless error beyond a reasonable doubt. The court also found sufficient evidence for knowing possession and proper admission of evidence.
-
The court held that while the evidence was sufficient to support a conviction, an unconstitutional presumption instruction required a new trial.
-
422 F.2d 1043·
6th Cir.·
1970-02-24
·cited 8×
The court affirmed Williams' conviction but vacated Grey's conviction and remanded for a new trial due to prosecutorial misconduct.
-
The court held that the admission of a co-defendant's statement was harmless error beyond a reasonable doubt due to overwhelming independent evidence of guilt, and that the evidence was sufficient to support the convictions.
-
The dissenting judge holds that a sketch made by an agent from witness impressions should be considered a 'written statement' under 18 U.S.C. § 3500(e)(1) for impeachment purposes.
-
The court held that while defense counsel's statement was inadmissible, it did not cause substantial prejudice to the plaintiff, and the jury instructions were adequate.
-
The court held that the admission of a co-conspirator's confession, which implicated the appellant and was made after the co-conspirator pleaded guilty, constituted prejudicial error.
-
The court held that even if the referee did not strictly follow bankruptcy rules in selecting a creditors' committee and trustee, reversal was not warranted due to the lack of demonstrated prejudice and the futility of relitigating the issue after the estate had been liquidated.
-
The court held that the indictment was sufficient because the questions and answers set forth therein clearly showed materiality to the bankruptcy inquiry, and the trial judge's questioning of a witness was not prejudicial error.
-
82 Fla. 383·
Fla.·
1921-11-23
·cited 8×
The Florida Supreme Court affirmed a conviction for assault and battery, holding that even if technical errors occurred during the trial, the ample evidence of guilt and lack of infringement on fundamental rights warranted upholding the judgment.
-
The Florida Supreme Court clarifies the harmless error standard on appeal, holding that the state must demonstrate beyond a reasonable doubt that an evidentiary error did not affect the jury verdict, rather than merely whether the error resulted in a miscarriage of justice. The C
-
In this divorce appeal, the former husband challenged ten alleged errors in the trial court's final judgment of dissolution and attorney's fees award. The appellate court affirmed most of the judgment but reversed the portion designating the former wife as beneficiary of a life i
-
A former husband appeals a final judgment awarding permanent periodic alimony to his ex-wife, challenging the trial court's failure to make adequate factual findings supporting the alimony award. The appellate court affirms because the appellant failed to provide a transcript or
-
140 So. 3d 1067·
Fla. 1st DCA·
2014-06-10
·cited 7×
Jackson was convicted of burglary and battery based on his ex-girlfriend's testimony of a March 2011 incident. The appellate court reversed because the trial court erroneously admitted evidence of two prior violent incidents with the same victim to prove Jackson's intent, when in
-
A juvenile defendant was convicted of burglary based partly on detective testimony identifying him from a surveillance video camera angle that was not included in the video evidence presented at trial. The court reversed, holding that the detective's testimony violated the best e
-
Daniel Burns was convicted of first-degree murder and drug trafficking for fatally shooting Florida Highway Patrol Trooper Jeff Young during a struggle after Young discovered crack cocaine in Burns's car. At the capital sentencing proceeding, Burns requested a no-adverse-inferenc
-
Daryl Edwards was convicted of drug conspiracy and distribution and sentenced to life imprisonment. Edwards appealed on two grounds: that his trial violated the Speedy Trial Act by commencing only twenty-nine days after his initial appearance, and that he was denied effective cro
-
718 So. 2d 242·
Fla. 5th DCA·
1998-08-21
·cited 7×
Michael Pinardi appeals the denial of his postconviction relief motion, challenging whether ex parte communications by his trial judge constitute automatic structural defects requiring a new trial. The Florida appellate court affirms, holding that ex parte communications do not a
-
701 So. 2d 1258·
Fla. 5th DCA·
1997-12-05
·cited 7×
Eddie Walker appealed his cocaine trafficking and delivery convictions, arguing that the prosecutor improperly commented on his failure to present evidence in support of his entrapment defense, thereby violating his Fifth Amendment right to remain silent. The appellate court affi
-
Thomas was convicted of burglary and criminal mischief after his wallet was found at the scene of a home break-in. On appeal, he challenged the trial court's comments about fingerprint evidence during voir dire as prejudicial, but the appellate court affirmed his conviction, find
-
The court held that prosecutorial misconduct, specifically vouching for witnesses, deprived the defendant of a fair trial and affected the jury's verdict.
-
The court held that prosecutorial misconduct, while egregious, did not rise to the level of constitutional error requiring habeas relief, and that defense counsel's performance was effective.
-
827 F.2d 1031·
5th Cir.·
1987-09-10
·cited 7×
The court held that the admission of "rogues' gallery" photographs, where the defendant's photo was partially covered but other photos were not, was impermissibly suggestive and deprived the defendant of a fair trial.
-
The court held that the foreclosure sale was valid because the automatic stay had expired, the debtor was not denied a required hearing, and the sale price was not grossly inadequate under Texas law.
-
292 So. 2d 420·
Fla. 4th DCA·
1974-03-15
·cited 7×
Lawrence McDonnell was convicted of forgery after the trial court improperly refused to hear his pretrial motion to suppress his confession immediately before trial. The appellate court found the trial court committed error in refusing the motion, but affirmed the conviction unde
-
A mother declared indigent in a child custody dispute seeks certiorari review to challenge a trial court order requiring her to advance the court-appointed guardian's deposition fees before being permitted to depose the guardian regarding the reasonableness of the guardian's fees
-
The appellate court reversed the involuntary dismissal of a foreclosure action, holding that the bank provided sufficient evidence to establish standing by demonstrating possession of the note with a blank endorsement at the time of filing.
-
125 So. 3d 811·
Fla. 4th DCA·
2013-03-13
·cited 6×
A defendant was convicted of trespass after the prosecutor extensively used and highlighted the defendant's alleged use of racial slurs against a law enforcement officer throughout trial, despite the trial court's denial of a motion in limine to exclude such evidence. The appella
-
42 So. 3d 951·
Fla. 4th DCA·
2010-09-01
·cited 6×
Dennis Hannah was convicted of burglary of a conveyance and grand theft after evidence showed he entered an S&S Janitorial Services trailer and removed equipment. The Fourth District reversed his convictions on two independent grounds: the trial court erroneously refused to instr
-
James Hoag challenged his 1994 sentencing guidelines scoresheet, alleging it contained errors that resulted in an illegal sentence. The court found that his additional offense of attempted second-degree murder was incorrectly scored as level 9 instead of level 8, resulting in a s
-
Paul Dombrowski sought federal habeas relief under 28 U.S.C. § 2254, challenging a Florida sentencing court's failure to advise him of his Fifth Amendment right against self-incrimination before soliciting his admission to prior convictions for habitual offender enhancement. The
-
A prosecutor's questioning that is fairly susceptible of being interpreted as a comment on a defendant's right to remain silent is improper, even if the defendant refused pre-arrest tests.
-
908 So. 2d 1142·
Fla. 1st DCA·
2005-08-11
·cited 6×
The court held that while the Board's finding of resignation lacked support, its alternative finding of appropriate termination due to incapacity was supported by evidence and any procedural errors were harmless.