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
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592 F.2d 472·
8th Cir.·
1979-02-15
·cited 105×
The court held that the evidence was insufficient to convict defendant Knife of aiding and abetting an assault with intent to murder, but affirmed defendant Iyotte's convictions for assault resulting in serious bodily injury and assault by striking, beating, or wounding.
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The District Court for the District of Arizona lacked jurisdiction to enter judgments of conviction after transferring the indictment to the Southern District of California.
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137 F.2d 1006·
2d Cir.·
1943-07-26
·cited 103×
The dissenting judge holds that the trial court erred in dismissing the defendant's attorney and denying him the opportunity to represent himself.
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The court held that the state court's finding that the suggestive station-house identification did not taint the subsequent in-court identification was supported by the record and binding on federal habeas review.
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65 So. 2d 77·
Fla.·
1953-10-21
·cited 100×
North was convicted of first-degree murder in the death of Mrs. Betty Albritton under mysterious circumstances. He appeals arguing various trial errors, but the Florida Supreme Court affirms, finding no reversible error where the circumstantial evidence established guilt beyond r
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The court held that National Steel did not violate ERISA by modifying contingent benefits and that the union did not breach its duty of fair representation. The court affirmed the district court's summary judgments.
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The court held that the admission of extensive, irrelevant, and prejudicial expert testimony regarding the properties, street value, and potential for abuse of DMT, as well as the economic incentives for its manufacture, constituted a violation of the defendants' due process righ
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455 So. 2d 515·
Fla. 1st DCA·
1984-08-16
·cited 95×
The court held that the Board's rule setting a minimum FLEX score and requiring it from a single sitting was a valid exercise of delegated authority, and that deficiencies in the Economic Impact Statement did not impair the fairness of the proceeding.
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The court affirmed the conspiracy conviction, finding the indictment adequately charged conspiracy to defraud the United States and the jury was properly instructed. The court also affirmed the conviction related to export violations, finding the Allen charge was not coercive and
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598 F.2d 1008·
5th Cir.·
1979-07-16
·cited 92×
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The court held that summary judgment and directed verdicts were properly denied on statute of limitations and release issues, but should have been granted for defendants Schrock and Darby on federal and state securities claims due to insufficient evidence of scienter or control.
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The court held that sufficient evidence supported the convictions for conspiracy and possession with intent to distribute, and that the trial court did not err in denying severance or mistrial based on co-defendant's opening statement.
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55 So. 3d 543·
Fla.·
2010-12-09
·cited 87×
Paul Durousseau was convicted of first-degree murder in the strangulation death of Tyresa Mack and sentenced to death. The Florida Supreme Court affirmed his conviction and death sentence, finding the evidence sufficient and the trial court did not abuse its discretion in admitti
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730 F.2d 1292·
9th Cir.·
1984-04-12
·cited 86×
The court held that the district court did not abuse its discretion in admitting evidence related to the bank deposits method, summary charts, comparison of gross receipts, or extrinsic actions, nor in its jury instructions.
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429 So. 2d 691·
Fla.·
1983-02-10
·cited 85×
John O'Callaghan was convicted of first-degree premeditated murder and sentenced to death for his role in the brutal killing of Gerald Vick. The Florida Supreme Court affirmed the conviction and death sentence, rejecting O'Callaghan's challenges to the joint trial with his codefe
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The court held that while a prosecutor's improper questioning about a non-existent conviction was error, it was harmless given the strength of the evidence and corrective instructions; however, mail fraud was not proven for two counts where the mailed letters were not in furthera
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580 F.2d 1011·
10th Cir.·
1978-06-30
·cited 85×
The court held that the majority's conclusion sustaining the convictions was incorrect due to numerous reversible errors, including prosecutorial misconduct, Jencks Act violations, and a prejudicial variance between the indictment's single conspiracy theory and the evidence of mu
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The court held that the government's failure to issue "target" warnings did not vitiate convictions, and evidence was sufficient for corporate tax evasion convictions. However, one conviction for personal income tax evasion was reversed due to inadmissible hearsay testimony.
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The court held that the trial court did not abuse its discretion in denying motions for continuance and change of venue due to pretrial publicity, and that the prosecutor's statement, while improper, was harmless error under the circumstances.
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365 F.2d 990·
2d Cir.·
1966-08-03
·cited 83×
The court affirmed the convictions, holding that the denial of a severance motion was not prejudicial and that defendants lacked standing to suppress evidence seized from a third party.
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The court held that new facts alleged in a second § 2255 motion, suggesting the government suppressed crucial correspondence, warranted an evidentiary hearing despite prior unsuccessful appeals.
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Leonardo Franqui was convicted of first-degree murder and other crimes in connection with an attempted armed robbery that resulted in the death of Raul Lopez. The Florida Supreme Court affirmed his convictions and death sentence, finding that while the trial court erred in admitt
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The Director of the Office of Personnel Management (OPM) must file petitions for judicial review of arbitrator decisions within 30 days of notice, and is not required to seek reconsideration first. Judicial review of such decisions is discretionary and limited to exceptional case
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The court held that the trial court improperly admitted extrinsic act evidence because it was not sufficiently similar to the charged offense and its probative value was outweighed by its prejudicial impact. The court also found insufficient evidence that the defendant committed
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The court held that the trial court did not err in refusing to direct a verdict for the plaintiff on the Robinson-Patman charge, nor in excluding certain evidence, as the plaintiff failed to demonstrate substantial impairment of competition or predatory intent.
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George Burch appeals his sentencing departure from Florida's sentencing guidelines, which imposed two concurrent five-year prison terms instead of the recommended community control or 12-30 months incarceration. The court vacated the sentence and remanded for resentencing, findin
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The Florida Supreme Court addressed whether appellate judges must independently read the complete trial record when evaluating harmless error claims in criminal appeals. The Court held that each appellate judge has a personal responsibility to examine the entire trial record, and
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Curtis was convicted of aggravated assault with a deadly weapon after the trial judge responded to jury questions during deliberations without following Florida Rule of Criminal Procedure 3.410, which requires the prosecutor and defense counsel to be present. The Florida Supreme
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453 So. 2d 826·
Fla. 1st DCA·
1984-06-12
·cited 78×
This appeal involves a default judgment and jury verdict in a suit arising from the sale of a stolen truck. The court affirmed the default and damages verdict on most points but reversed and remanded regarding whether defendants received timely notice of trial, holding that the t
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The court held that the district court did not err in denying motions to enjoin tax levies, for return of property, for dismissal or alternative funds, for extensive discovery, to suppress evidence seized incident to arrest, or to disclose informant identities, and that the searc
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The trial court committed reversible error by excluding evidence proffered to refresh a witness's recollection and for impeachment purposes.
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David Snelgrove was convicted of two counts of first-degree murder and other crimes and sentenced to death. The Florida Supreme Court affirmed the guilt-phase convictions but reversed the death sentences because the jury rendered a single, undifferentiated advisory sentence rathe
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The Florida Supreme Court held that erroneous admission of evidence regarding collateral crimes requires reversal when the state fails to demonstrate beyond a reasonable doubt that the error did not affect the jury verdict, even if other evidence of guilt is overwhelming. The Cou
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509 F.2d 334·
D.C. Cir.·
1974-12-12
·cited 76×
The court held that while some trial errors occurred, they were not sufficiently prejudicial to warrant reversal given the strong evidence of guilt.
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708 F.2d 429·
9th Cir.·
1983-05-25
·cited 75×
The court held that the defendants' convictions for drug offenses were supported by sufficient evidence and that no reversible errors occurred during the trial.
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Gregory Capehart was convicted of burglary and first-degree murder in the 1988 killing of Marlene Reeves in Dade City, Florida. The Florida Supreme Court affirmed his convictions and death sentence but vacated the burglary sentence for resentencing under sentencing guidelines.
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A prematurely filed notice of appeal becomes effective when the appealable judgment becomes final, and the appellate court has jurisdiction. The denial of a cosmetology instructor's petition for professional classification was not an abuse of discretion.
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Howard Steven Ault was sentenced to death for the murders of two young sisters after his prior death sentences were vacated for improper jury selection. On this second direct appeal, the Florida Supreme Court affirmed the death sentences while finding that the trial court committ
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848 F.2d 1134·
11th Cir.·
1988-07-07
·cited 72×
The court held that the admission of William Bennett's prior drug smuggling convictions was proper under Rule 404(b) and Rule 403, and that the use of a single interpreter for multiple Spanish-speaking defendants did not violate their statutory or constitutional rights. The court
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667 F.2d 1364·
11th Cir.·
1982-02-16
·cited 72×
The court held that the denial of a continuance to secure an alibi witness, a police officer, violated the defendant's Sixth and Fourteenth Amendment rights to compulsory process.
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383 F.2d 345·
9th Cir.·
1967-08-09
·cited 72×
The court held that evidence seized by Mexican officials is admissible in a U.S. court, and statements made to foreign officials are admissible if voluntary under Fifth Amendment standards, even if obtained during prolonged interrogation.
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Dennis Flanagan was convicted of sexually battering his mentally retarded 9-year-old daughter and sentenced to life imprisonment. This appeal challenges the admission of the child victim's statements to her examining physician regarding her father's identity as the abuser, expert
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594 F.2d 598·
7th Cir.·
1979-02-13
·cited 70×
The court held that the admission of interlocking confessions from co-defendants was not a Bruton violation, and any error was harmless given the overwhelming evidence. However, for one defendant, the admission of co-defendants' confessions was prejudicial and warranted a new tri
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313 So. 2d 729·
Fla.·
1975-04-09
·cited 70×
The Florida Supreme Court held that a trial court properly refused to instruct the jury on a lesser included offense (petit larceny) when the evidence presented supported only the greater offense (felony breaking and entering with intent to commit grand larceny). The Court clarif
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451 F.2d 1231·
5th Cir.·
1971-11-23
·cited 70×
The court held that admitting documents summarizing the government's case to the jury, allowing testimony about defendants being on a 'primary target list,' and permitting the prosecutor to vouch for a witness's credibility constituted reversible error.
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900 F.2d 1462·
10th Cir.·
1990-04-04
·cited 69×
The court held that while there were trial errors, the cumulative effect did not warrant reversal due to a lack of demonstrated prejudice. Resentencing is necessary.
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Quentin Truehill was convicted of the kidnapping and murder of Vincent Binder during a multi-state crime spree and sentenced to death. The Florida Supreme Court affirmed his convictions and death sentence, addressing various appellate claims including jury selection, evidence adm
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794 F.2d 462·
9th Cir.·
1986-07-14
·cited 66×
The district court did not err in admitting evidence that the defendant Poole gave a false name to an FBI agent, and the judgment of conviction should be affirmed.
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The denial of an interpreter in a deportation proceeding, which prevents an alien from understanding the proceedings, is a fundamental due process violation that cannot be reviewed for harmless error and was indeed harmful in this case.
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The court held that while the trial court erred in failing to give a cautionary instruction regarding co-conspirator hearsay testimony, this error was harmless beyond a reasonable doubt due to the overwhelming evidence of the defendants' guilt.