Motion For Continuance

846 Florida cases classified under this topic, plus 132 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• MacKENNA v. Ellis
  280 F.2d 592· 5th Cir.· 1960-06-22 ·cited 341×
  The dissenting judge argues that the majority's decision to set aside a state court conviction is not justified by the facts or cited authority and sets a dangerous precedent.
• Hunter v. State
  660 So. 2d 244· Fla.· 1995-06-01 ·cited 305×
  James Eugene Hunter was convicted of first-degree murder, attempted murder, and armed robbery in connection with a deadly robbery in Daytona Beach. The Florida Supreme Court affirmed his death sentence, rejecting claims regarding competency, jury selection, discovery violations,
• Jent v. State
  408 So. 2d 1024· Fla.· 1981-12-03 ·cited 302×
  William Jent appeals his conviction for first-degree murder and death sentence following the brutal rape and burning death of a young woman in a Florida game preserve. The Florida Supreme Court affirms the conviction and sentence, rejecting multiple appellate challenges including
• Lusk v. State
  446 So. 2d 1038· Fla.· 1984-01-26 ·cited 287×
  Bobby Earl Lusk murdered fellow inmate Michael Hall with a homemade knife while serving three consecutive life sentences in Florida State Prison. The trial court sentenced Lusk to death despite the jury's recommendation of life imprisonment. The Florida Supreme Court affirmed the
• Sireci v. State
  399 So. 2d 964· Fla.· 1981-04-09 ·cited 278×
  Sireci was convicted of first-degree murder and sentenced to death for killing the owner of a used car lot during a robbery or theft attempt. The Florida Supreme Court affirmed the conviction and death sentence, rejecting multiple constitutional and procedural challenges to the t
• Pope v. State
  84 Fla. 428· Fla.· 1922-10-16 ·cited 266×
  John H. Pope was convicted of murder in the first degree as a principal in the second degree for his role in a robbery that resulted in the death of George H. Hickman. Pope appeals, challenging the indictment sufficiency, jury selection procedures, and evidentiary sufficiency. Th
• Cooper v. State
  336 So. 2d 1133· Fla.· 1976-07-08 ·cited 254×
  Vernon Cooper was convicted of first-degree murder and robbery in the death of a Pensacola police deputy. The Florida Supreme Court affirmed Cooper's conviction and death sentence, holding that while the state committed discovery rule violations, the trial judge properly remedied
• Garner v. State
  28 Fla. 113· Fla.· 1891-06-01 ·cited 214×
  I. T. Garner was convicted of first-degree murder in Suwannee County. The Florida Supreme Court reversed due to multiple errors: improper exclusion of evidence regarding the deceased's threats and violent character, erroneous jury instructions on voluntary intoxication that faile
• Emelio Suarez v. State
  95 Fla. 42· Fla.· 1928-01-12 ·cited 171×
  Emelio Suarez, Benigno Suarez, and Charles Naya were convicted of larceny and receiving stolen property and sentenced to five years imprisonment. The Florida Supreme Court reversed, finding that the trial court erred in denying the Suarez brothers' motion for severance and in adm
• Esig Perlow v. Berg-Perlow
  875 So. 2d 383· Fla.· 2004-03-25 ·cited 168×
  The Florida Supreme Court held that trial judges in marital dissolution cases may request proposed final judgments from parties, but must give all parties an opportunity to review and object to any proposed judgment before entering it. The Court quashed the Fourth District's affi
• Geralds v. State
  674 So. 2d 96· Fla.· 1996-02-22 ·cited 165×
  Mark Allen Geralds was convicted of first-degree murder and sentenced to death. On his initial appeal, the Florida Supreme Court affirmed the conviction but reversed the death sentence due to trial court errors. On resentencing, the trial court again imposed death. Geralds appeal
• United States v. Hyde
  448 F.2d 815· 5th Cir.· 1971-06-23 ·cited 165×
• Silverthorne v. United States
  400 F.2d 627· 9th Cir.· 1968-08-27 ·cited 154×
  The court held that the trial court's voir dire examination was inadequate to protect the defendant from the probability of prejudice due to extensive pretrial publicity, and therefore the defendant was not accorded a fair trial.
• United States v. Uptain
  531 F.2d 1281· 5th Cir.· 1976-05-20 ·cited 149×
  The court held that the trial court did not abuse its discretion in denying the defendant's motions for a continuance, nor did it err in its intervention during the trial.
• Himmelfarb v. United States
  175 F.2d 924· 9th Cir.· 1949-06-03 ·cited 132×
  The court held that the trial court did not abuse its discretion in denying the motion for a mistrial based on 'once in jeopardy' and in admitting evidence, as the jury discharge was based on manifest necessity and the evidence was relevant and properly admitted.
• Barnhill v. State
  834 So. 2d 836· Fla.· 2002-10-10 ·cited 131×
  Arthur Barnhill III was convicted of first-degree murder and sentenced to death for the 1995 killing of 84-year-old Earl Gallipeau during a robbery. The Florida Supreme Court affirmed both the conviction and death sentence, rejecting challenges to jury selection, voir dire proced
• United States v. Knohl
  379 F.2d 427· 2d Cir.· 1967-06-22 ·cited 122×
  The court held that the trial judge did not abuse discretion in denying an evidentiary hearing on the appellant's competency to stand trial, given the medical reports and agreed-upon procedures.
• Estes v. United States
  335 F.2d 609· 5th Cir.· 1964-08-10 ·cited 118×
  The court held that the trial court did not err in denying the defendant's various motions and that the jury instructions and verdict were proper.
• Finnegan v. United States
  204 F.2d 105· 8th Cir.· 1953-04-30 ·cited 118×
  The court held that the trial court did not err in denying the defendant's preliminary motions, admitting evidence, or in its jury instructions, and that sufficient evidence supported the conviction.
• Limmie West, III v. State OF La.
  478 F.2d 1026· 5th Cir.· 1973-05-01 ·cited 113×·via Continuance Of Trial
• Sawyer v. State
  94 Fla. 60· Fla.· 1927-06-29 ·cited 108×
  Jack Sawyer was convicted of breaking and entering in Hillsborough County criminal court of record on an information signed by the assistant solicitor. The Florida Supreme Court affirmed, holding that prosecution by information (rather than grand jury indictment) is constitutiona
• United States v. Montes-Cardenas
  746 F.2d 771· 11th Cir.· 1984-11-15 ·cited 107×
  The court held that the evidence was sufficient to support the convictions, the joinder of drug and firearms counts was proper, and the trial court did not abuse its discretion in denying severance or continuance motions.
• Delaney v. United States
  199 F.2d 107· 1st Cir.· 1952-10-10 ·cited 107×·via Continuance Of Trial
  The court held that the trial court erred in denying a continuance, as the massive, prejudicial publicity generated by a congressional committee hearing, held while the defendant was awaiting trial, created an unfair trial atmosphere that could not be sufficiently mitigated by ju
• United States v. Jacki Eugene Leach
  429 F.2d 956· 8th Cir.· 1970-07-23 ·cited 101×
  The court held that the defendants' convictions for assaulting federal officers were supported by sufficient evidence and that various trial errors alleged were either harmless or properly handled by the trial court.
• Johnson v. United States
  291 F.2d 150· 8th Cir.· 1961-06-07 ·cited 100×
  The court held that the trial court did not abuse its discretion in denying a continuance, did not err in denying a new trial based on recantation, and properly refused jury instructions regarding witness availability and impeachment, and that the jury instructions on the burden
• North v. State
  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
• United States v. Jones
  542 F.2d 186· 4th Cir.· 1976-02-09 ·cited 98×
  The court held that the trial court did not err in denying motions for continuance and mistrial based on prejudicial publicity, nor in denying a motion to dismiss based on alleged taint from state immunity.
• United States v. Ortiz
  804 F.2d 1161· 10th Cir.· 1986-11-05 ·cited 93×
  The court held that the district court did not err in denying the entrapment defense, refusing to disclose an informant's status, or denying a continuance, and therefore affirmed the conviction.
• United States v. Dennis
  786 F.2d 1029· 11th Cir.· 1986-04-14 ·cited 92×
  The court held that the wiretap application was sufficient and that the trial court did not err in sentencing despite the lack of a special verdict, as the evidence overwhelmingly supported a heroin and cocaine conspiracy conviction.
• August Tom Rizzo v. United States
  304 F.2d 810· 8th Cir.· 1962-06-26 ·cited 92×
  The court held that the trial court did not abuse its discretion in denying motions for separate trials, continuances, or mistrials based on pretrial publicity, and that jurors are presumed to follow instructions regarding media consumption.
• Raulerson v. State
  102 So. 2d 281· Fla.· 1958-04-23 ·cited 92×
  James Raulerson and Fritz Clark appealed their death sentences for rape, challenging the trial judge's comment that defendants were "acting in a conspiracy together" made in the jury's presence. The Florida Supreme Court held this constituted reversible error violating the long-e
• United States v. Gray
  565 F.2d 881· 5th Cir.· 1978-01-04 ·cited 89×
  The court affirmed the conviction, holding that the defendant received effective assistance of counsel, the trial court did not abuse its discretion in denying a continuance, and the admission of statements made to an undercover agent did not violate Miranda or other constitution
• Stinson v. State
  76 Fla. 421· Fla.· 1918-11-08 ·cited 89×
  R.L. Stinson, an unapproved deputy sheriff employed as a night watchman, shot and killed James Prevatt while attempting an unlawful arrest for carrying concealed weapons. The Florida Supreme Court affirmed Stinson's conviction for second-degree murder, holding that his lack of pr
• Olen Clay Gorby v. State
  630 So. 2d 544· Fla.· 1993-12-09 ·cited 88×
  Olen Gorby was convicted of first-degree murder and sentenced to death for killing a disabled victim during a robbery. The Florida Supreme Court affirmed both the conviction and death sentence, rejecting Gorby's challenges to trial procedure, evidence admission, jury instructions
• United States v. Welty
  674 F.2d 185· 3d Cir.· 1982-03-02 ·cited 87×·via Continuance Of Trial
  The court held that the defendant did not knowingly and intelligently waive his Sixth Amendment right to counsel because the trial court failed to conduct adequate inquiries into his dissatisfaction with counsel and the implications of self-representation.
• Smith v. Ford Motor Co.
  626 F.2d 784· 10th Cir.· 1980-07-17 ·cited 86×
  The court held that the trial court's decision to allow expert testimony, despite a potentially incomplete pretrial statement, was not reversible error because the defendant failed to demonstrate actual surprise or prejudice.
• Carlile v. State
  129 Fla. 860· Fla.· 1937-11-05 ·cited 86×
  The Florida Supreme Court reversed a larceny conviction because the prosecuting attorney made highly prejudicial and improper arguments to the jury. The court found that these remarks, particularly concerning the defendant's alleged prior cattle theft and the nature of the eviden
• Silas Gladden v. State
  12 Fla. 562· Fla.· 1868-01-01 ·cited 85×
  Silas Gladden was convicted of murder, but the Florida Supreme Court reversed due to multiple procedural errors, including an illegally constituted grand jury of only fourteen members, improper exclusion of a juror, insufficient affidavit for continuance, and the defendant's invo
• Mayola v. State OF Ala.
  623 F.2d 992· 5th Cir.· 1980-08-11 ·cited 84×
  The court held that the petitioner failed to demonstrate pervasive community prejudice required to invoke the Rideau presumption of jury bias due to pretrial publicity, and that his unreasonable delay in filing the habeas petition prejudiced the state's ability to respond.
• Patriarca v. United States
  402 F.2d 314· 1st Cir.· 1968-10-14 ·cited 84×
  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.
• Fleming v. Fleming
  710 So. 2d 601· Fla. 4th DCA· 1998-03-18 ·cited 82×
  Nancy Fleming appeals from a final judgment dissolving her marriage, challenging the trial court's denial of her motion for continuance. The appellate court reversed, finding that the trial court abused its discretion by denying the continuance when her first attorney was disbarr
• Peel v. State
  150 So. 2d 281· Fla. 2d DCA· 1963-02-01 ·cited 81×
  Joseph Peel appeals his life sentence for being an accessory before the fact to first-degree murder after entering a nolo contendere plea. The Florida appellate court affirms, holding that nolo contendere pleas have the same effect as guilty pleas for purposes of the case in whic
• Randolph v. State
  853 So. 2d 1051· Fla.· 2003-04-24 ·cited 80×
  Richard Barry Randolph, a death-sentenced inmate, appealed the denial of his Rule 3.850 postconviction motion and petitioned for habeas corpus relief, raising claims of judicial bias from ex parte communications, ineffective assistance of counsel, and other constitutional violati
• Scull v. State
  569 So. 2d 1251· Fla.· 1990-11-08 ·cited 80×
  The court held that the trial court's haste in conducting a resentencing hearing violated the defendant's due process rights, requiring the sentence to be vacated.
• In re Gregory v. Gregory
  313 So. 2d 735· Fla.· 1975-03-19 ·cited 80×
  The Florida Supreme Court reversed the Second District Court of Appeal's decision vacating a child custody change order. The trial judge properly exercised discretion in denying the mother's motion for continuance and had sufficient evidence to support changing custody from mothe
• United States v. Harris
  441 F.2d 1333· 10th Cir.· 1971-05-13 ·cited 78×
  The court held that the trial court did not err in overruling motions for mistrial, continuance, severance, or acquittal, and that the defendants received a fair trial.
• State v. Naveira
  873 So. 2d 300· Fla.· 2004-04-22 ·cited 77×
  The Florida Supreme Court resolved a conflict in speedy trial jurisprudence by holding that a defendant who invokes the speedy trial rule but then requests a continuance because he is unprepared for trial waives his right to discharge, even when the State filed charges on the las
• MCR Funding & Mortg. Cap. Res. Corp. v. CMG Funding Corp.
  771 So. 2d 32· Fla. 4th DCA· 2000-09-27 ·cited 77×
  MCR Funding challenges a trial court judgment enforcing a settlement agreement after the parties had voluntarily dismissed their lawsuit without obtaining a court order approving the settlement. The court held that while the trial court lacked "case jurisdiction" after dismissal,
• United States v. Phillips
  640 F.2d 87· 7th Cir.· 1981-02-06 ·cited 76×
  The court held that the district court did not err in denying the defendant's motion for a mistrial, denying his claim of ineffective assistance of counsel, admitting certain evidence, or imposing consecutive sentences.
• United States v. Brewer
  630 F.2d 795· 10th Cir.· 1980-09-26 ·cited 75×
  The court held that no fatal variance occurred, co-conspirator testimony was properly admitted, physical evidence was admissible, and other contentions lacked merit.