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

• Irvin v. State
  19 Fla. 872· Fla.· 1883-01-01 ·cited 75×
  George W. Irvin was convicted of first-degree murder for shooting John Engle on a steamboat. Irvin appealed on multiple grounds including denial of a change of venue, refusal to instruct the jury on justifiable homicide, and claims of juror bias. The Florida Supreme Court affirme
• United States v. Zambrana
  841 F.2d 1320· 7th Cir.· 1988-03-07 ·cited 74×
  The court affirmed the convictions, holding that the trial court did not abuse its discretion in denying a continuance and that the wiretap affidavits sufficiently demonstrated the necessity of electronic surveillance.
• United States v. Marcello
  423 F.2d 993· 5th Cir.· 1970-02-18 ·cited 74×
• Lott M. Ballard v. State
  31 Fla. 266· Fla.· 1893-01-01 ·cited 72×·via Continuance Of Trial
  Lott M. Ballard was convicted of manslaughter for the killing of Charles Shafer in a joint trial with Lawrence Ballard (who was acquitted). The Florida Supreme Court affirmed the conviction, rejecting Ballard's challenges to the joint trial, denial of continuance, exclusion of a
• Davis v. State OF Ala.
  596 F.2d 1214· 5th Cir.· 1979-06-13 ·cited 71×
  The court held that defense attorneys' failure to investigate and develop potential insanity defense evidence constituted ineffective assistance of counsel.
• HOY v. State
  353 So. 2d 826· Fla.· 1977-12-02 ·cited 69×
  Darrell Edwin Hoy appeals his convictions for two counts of first-degree murder and sentences of death for the rape and murder of two teenage victims on a Florida beach. The Florida Supreme Court affirms the convictions and death sentences, holding that pretrial publicity did not
• United States v. Conder
  423 F.2d 904· 6th Cir.· 1970-03-31 ·cited 69×
  The court held that the district court did not err in denying a defendant's request to participate in his own defense, refusing to issue subpoenas for witnesses at government expense due to insufficient showing, denying broad discovery motions, excising portions of Jencks Act sta
• United States v. Burton
  584 F.2d 485· D.C. Cir.· 1978-07-28 ·cited 68×
  The court held that the trial court abused its discretion by denying a continuance based on the defendant's desire to retain new counsel, particularly when the withdrawal of the original counsel was due to circumstances beyond the defendant's control.
• United States v. Joseph D. Beasley, M.D.
  550 F.2d 261· 5th Cir.· 1977-04-08 ·cited 68×
  The court affirmed the convictions, finding no merit in the appellants' numerous assignments of error regarding the indictment's sufficiency, grand jury proceedings, disclosure of evidence, witness immunity, continuance requests, and federal jurisdiction over false claims submitt
• Errion v. Connell
  236 F.2d 447· 9th Cir.· 1956-08-10 ·cited 68×·via Continuance Of Trial
  The court held that a federal court has jurisdiction over a fraudulent scheme involving both securities and non-securities, and that the statute of limitations does not bar the action when 'lulling activities' prevented timely discovery of the fraud.
• Moore v. State
  59 Fla. 23· Fla.· 1910-01-01 ·cited 68×
  William Moore was convicted of murder in the first degree for fatally cutting David Scott and sentenced to life imprisonment. The Florida Supreme Court affirmed the conviction, rejecting Moore's challenges to the denial of his continuance motion, jury instructions, and exclusion
• United States v. Smith
  591 F.2d 1105· 5th Cir.· 1979-03-22 ·cited 67×
  The court held that the prosecutor's argument commenting on the defendant's wife's failure to testify, and the trial court's instruction allowing an inference from that absence, constituted reversible error because the spouse is not uniquely within a party's control for such infe
• Jones v. State
  701 So. 2d 76· Fla.· 1997-10-20 ·cited 66×
  Leo Alexander Jones, sentenced to death, petitioned the Florida Supreme Court to determine whether electrocution in Florida's electric chair constitutes cruel and unusual punishment under the Eighth and Fourteenth Amendments and the Florida Constitution. After two evidentiary hea
• Johnson v. State
  804 So. 2d 1218· Fla.· 2001-10-25 ·cited 63×·via Motion To Continue
  Terrell Johnson, a death row inmate convicted of first-degree murder in 1979, appealed the trial court's summary denial of his second Rule 3.850 postconviction motion. The Florida Supreme Court affirmed the denial, finding that Johnson failed to demonstrate newly discovered evide
• Fennie v. State
  648 So. 2d 95· Fla.· 1994-07-07 ·cited 63×
  Alfred Fennie appeals his convictions for first-degree murder, armed kidnapping, and robbery with a firearm, along with his death sentence for the murder of Mary Elaine Shearin. The Florida Supreme Court affirms all convictions and the death penalty, finding the trial court did n
• United States v. Barrett
  703 F.2d 1076· 9th Cir.· 1983-04-11 ·cited 63×
  The court held that the denial of a continuance for the defense to obtain a photographic expert was harmless error, but the trial court abused its discretion by failing to investigate a juror's claim of sleeping during the trial.
• United States v. Basil Miller
  513 F.2d 791· 5th Cir.· 1975-06-02 ·cited 62×
  The court held that the evidence was sufficient to support the conviction and that the trial court did not abuse its discretion in denying motions for acquittal, severance, and continuance.
• Courtney v. Cent. Tr. Co.
  112 Fla. 298· Fla.· 1933-10-09 ·cited 62×
  The Florida Supreme Court reversed a judgment for a new trial where the defendant's trial counsel sought a continuance due to his wife's serious illness requiring emergency surgery, which rendered him mentally unfit to try the case and prevented adequate case preparation. The maj
• Sanford v. Cloud
  17 Fla. 532· Fla.· 1880-01-01 ·cited 61×
  In this covenant action for breach of a land contract, the Florida Supreme Court reversed the lower court judgment, holding that the declaration was fatally defective for failing to allege a tender of the deed when the covenants were dependent. The court also addressed the propri
• United States v. Fera
  616 F.2d 590· 1st Cir.· 1980-02-28 ·cited 60×
  The court held that the trial court did not err by failing to instruct the jury on the weight to be given to post-arrest statements when no genuine issue of voluntariness was raised, nor by refusing an entrapment instruction when there was no evidence of the defendant's unreadine
• United States v. Schrenzel
  462 F.2d 765· 8th Cir.· 1972-06-28 ·cited 60×
  The court should have remanded the matter to the trial court for failure to disclose derogatory information in the presentence report to the defendant.
• Seaboard Air Line Railway v. Manley P. Scarborough
  52 Fla. 425· Fla.· 1906-06-01 ·cited 60×·via Continuance Of Trial
  Scarborough sued the Seaboard Air Line Railway for wrongfully expelling him from a passenger train in the middle of the night, causing him physical injury and financial damages. The Florida Supreme Court affirmed a jury verdict awarding Scarborough $200 in damages, rejecting the
• United States v. O'Neill
  767 F.2d 780· 11th Cir.· 1985-08-02 ·cited 59×
  The court affirmed the drug convictions for most counts but vacated Mallard's sentence due to procedural error in the sentencing hearing and remanded for resentencing.
• Brooks v. State OF Tex.
  381 F.2d 619· 5th Cir.· 1967-07-10 ·cited 59×
  The court held that the defendant was denied the effective assistance of counsel at his trial, rendering the trial a mockery of justice.
• United States v. Nana Agyemang
  876 F.2d 1264· 7th Cir.· 1989-05-16 ·cited 58×
  The court held that while the defendant's sentence must be vacated and remanded for resentencing under the Sentencing Guidelines, his procedural challenges to the sentencing hearing and the district court's factual findings were without merit.
• United States v. Nickerson
  669 F.2d 1016· 5th Cir.· 1982-03-11 ·cited 58×
  The court held that the improper bolstering of a key witness's credibility and the erroneous jury instruction on conspiracy proof constituted reversible error.
• United States v. Barrett
  505 F.2d 1091· 7th Cir.· 1974-11-08 ·cited 58×
  The court held that several errors occurred during the trial, including improper joinder of offenses, erroneous exclusion of documentary evidence, and prejudicial comments by the trial judge, which cumulatively prejudiced the defendant and warranted a new trial.
• Robertson v. State
  64 Fla. 437· Fla.· 1912-06-01 ·cited 57×
  W.C. Robertson was convicted of manslaughter for causing a woman's death by performing an illegal abortion. The Florida Supreme Court rejected multiple trial errors assigned by Robertson, including challenges to the denial of a change of venue, closure of the courtroom, jury inst
• Mosley v. State
  46 So. 3d 510· Fla.· 2009-07-16 ·cited 56×
  John F. Mosley was convicted of two first-degree murders (Lynda Wilkes and her infant son Jay-Quan) and sentenced to death for the murder of Jay-Quan, motivated by avoiding child support obligations. The Florida Supreme Court affirmed both convictions and the death sentence, find
• Spesco, Inc. v. Gen. Elec. Co.
  719 F.2d 233· 7th Cir.· 1983-09-23 ·cited 56×
  The court held that the jury verdict was supported by sufficient evidence and that the trial court did not abuse its discretion in admitting expert testimony, denying a continuance, refusing a jury instruction, or in its rulings on damages.
• McKISSICK v. United States
  379 F.2d 754· 5th Cir.· 1967-06-30 ·cited 56×
  The court held that while the trial court did not abuse its discretion in denying a continuance or in its handling of the prosecutor's closing argument, the case must be remanded to determine if the defendant was deprived of his constitutional rights regarding double jeopardy, co
• United States v. Alker
  260 F.2d 135· 3d Cir.· 1958-09-10 ·cited 56×
  The court held that the evidence presented was sufficient to support the jury's verdict of willful tax evasion, and that the trial court did not abuse its discretion in admitting certain evidence or in its cross-examination of a character witness.
• Schino v. United States
  209 F.2d 67· 9th Cir.· 1953-12-02 ·cited 56×·via Continuance Of Trial
  The court held that the trial court did not err in its rulings on the indictment, bill of particulars, continuance, prosecutor's argument, sufficiency of evidence, excluded evidence, or jury instructions, and affirmed the convictions.
• Smith v. State
  525 So. 2d 477· Fla. 1st DCA· 1988-05-20 ·cited 55×
  James R. Smith appeals his conviction and departure sentence for sexual offenses against a child following a nolo contendere plea. The court affirmed the trial court's reasons for departing from guideline sentences but reversed and remanded for a new sentencing hearing because th
• United States v. Walker
  621 F.2d 163· 5th Cir.· 1980-07-09 ·cited 54×
  The court held that a jury instruction on aiding and abetting is permissible even when the defendant is charged only with conspiracy, and that consecutive sentences for dual-objective conspiracies are proper.
• Anderson v. State
  92 Fla. 477· Fla.· 1926-08-03 ·cited 54×
  Elmer R. Anderson was convicted of first-degree murder and sentenced to death for killing Edward J. Schrubb based on circumstantial evidence. The Florida Supreme Court reversed the conviction because the trial court erred by denying Anderson's motion for continuance (allowing onl
• United States v. Krohn
  573 F.2d 1382· 10th Cir.· 1978-04-03 ·cited 53×
  The court held that the evidence was sufficient to support the defendants' convictions for mail fraud, and that the trial court did not err in admitting certain evidence or denying severance and continuance motions.
• Andrews v. State
  21 Fla. 598· Fla.· 1885-06-01 ·cited 53×
  George Andrews was convicted of manslaughter in the second degree for the killing of Peter Clare. The Florida Supreme Court reversed and granted a new trial, finding multiple errors in the trial court's instructions to the jury, particularly regarding the exclusion of third-degre
• Hernandez-Alberto v. State
  889 So. 2d 721· Fla.· 2004-09-23 ·cited 52×
  Pedro Hernandez-Alberto was convicted of two counts of first-degree murder for killing his 11-year-old stepdaughter Donna Berezovsky and his wife's adult daughter Isela Gonzalez on January 3, 1999. The Florida Supreme Court affirmed both murder convictions and two death sentences
• Brown v. Montgomery Ward & Co.
  252 So. 2d 817· Fla. 1st DCA· 1971-09-30 ·cited 52×·via Continuance Of Trial
  The court held that a trial court did not abuse its discretion in denying a motion to amend a complaint shortly before trial when the amendment would introduce new issues and necessitate a continuance.
• United States v. Kelley
  186 F.2d 598· 7th Cir.· 1951-01-03 ·cited 52×
  The court held that the denial of the defendant's motion for a continuance was not an abuse of discretion and that the evidence was sufficient to support the jury's verdict of guilt for passing and possessing counterfeit currency.
• United States v. Carroll
  582 F.2d 942· 5th Cir.· 1978-10-25 ·cited 51×
  The court held that a trial court's jury instruction that improperly broadened the scope of a conspiracy charge constitutes plain error requiring reversal, even without a timely objection. The court also held that denial of a continuance motion was not an abuse of discretion.
• United States v. Gidley
  527 F.2d 1345· 5th Cir.· 1976-03-05 ·cited 51×
  The court held that the defendants' arrest was lawful, the denial of a continuance was not an abuse of discretion, and the in-court identifications were admissible despite a suggestive photographic display.
• United States v. Daly
  716 F.2d 1499· 9th Cir.· 1983-08-12 ·cited 50×
  The court held that a violation of the Speedy Trial Act's minimum 30-day preparation period, if treated as an erroneous denial of a continuance, warrants reversal and remand for a new trial, provided the defendant moved for dismissal. It also held that Nebraska certificates of ti
• United States v. Evans
  542 F.2d 805· 10th Cir.· 1976-10-04 ·cited 50×
  The court held that the trial court did not err in denying pretrial motions, jury selection challenges, or in its handling of alleged trial errors, finding sufficient evidence to support the jury's verdicts.
• United States v. Mason
  440 F.2d 1293· 10th Cir.· 1971-04-09 ·cited 50×
  The court held that the indictment was sufficient, the trial court did not abuse its discretion in denying pretrial motions, and the photographic identification procedures were not impermissibly suggestive.
• Bolles v. Carson
  73 Fla. 504· Fla.· 1917-02-24 ·cited 50×
  In this contract dispute, the Florida Supreme Court affirmed a directed verdict for plaintiff Carson against defendant Bolles in an action for payment for legal services. The court upheld the trial judge's denial of defendant's motion for continuance based on claimed illness and
• Geo. W. L. Denham v. State
  22 Fla. 664· Fla.· 1886-06-01 ·cited 50×
  Denham was convicted of murder and sentenced to life imprisonment after being accused of fatally shooting Peter B. Tillis. The Florida Supreme Court reversed and granted a new trial, finding that the indictment fatally failed to allege premeditation in statutory language, which i
• Ira Peter Ziegler v. Klein
  590 So. 2d 1066· Fla. 4th DCA· 1991-12-18 ·cited 48×
  A husband appealed a final divorce judgment where the trial court denied his oral motion for continuance despite his documented hospitalization, heavy medication, and inability to participate. The appellate court held the trial court abused its discretion by proceeding with the f
• United States v. Gonzalez-Sandoval
  894 F.2d 1043· 9th Cir.· 1990-01-18 ·cited 48×
  The court held that the admission of un-Mirandized statements was harmless error, the deportation record and confession were admissible, speedy trial and due process claims were meritless, denial of continuance was not an abuse of discretion, and sentencing under the Guidelines w