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

• Rogers v. Kroger Co.
  669 F.2d 317· 5th Cir.· 1982-03-05 ·cited 48×
  The court held that the district court abused its discretion by dismissing the employment discrimination lawsuit with prejudice for failure to prosecute, as the record did not demonstrate a clear record of delay or futile lesser sanctions.
• Jarvis v. State
  115 Fla. 320· Fla.· 1934-04-19 ·cited 47×
  Martin F. Jarvis was convicted of first-degree murder for shooting and killing Lacy Nell Dyel in 1933. The Florida Supreme Court affirmed the conviction, holding that the defendant's counsel failed to properly preserve procedural errors through a properly authenticated bill of ex
• Ward v. State
  83 Fla. 311· Fla.· 1922-02-23 ·cited 47×
  George Ward was convicted of perjury for allegedly giving false testimony in a larceny trial that he had been offered a bribe. The Florida Supreme Court affirmed the conviction, holding that the indictment was sufficiently specific and the evidence met the two-witness corroborati
• Street v. State
  636 So. 2d 1297· Fla.· 1994-03-31 ·cited 46×
  Charles Harry Street was convicted of two counts of first-degree murder for killing two Metro-Dade police officers during a struggle after police responded to a disturbance call. The Florida Supreme Court affirmed his conviction and death sentence, rejecting multiple claims of tr
• Real v. Hogan
  828 F.2d 58· 1st Cir.· 1987-09-11 ·cited 46×
  The court affirmed the jury verdict, holding that the trial court did not abuse its discretion in denying motions for a new trial, mistrial, or continuance, and properly admitted the simulated evidence.
• United States v. Gonzalez
  800 F.2d 895· 9th Cir.· 1986-09-23 ·cited 46×
  The court held that convictions for armed bank robbery and using a firearm during a crime of violence do not violate the Double Jeopardy Clause, and that the district court did not abuse its discretion in denying motions for continuance, substitute counsel, or dismissal of the in
• United States v. Eaton
  485 F.2d 102· 10th Cir.· 1973-10-02 ·cited 46×
  The court held that the evidence was sufficient to convict Anderson and Eaton of armed bank robbery but insufficient to convict Fletcher of being an accessory after the fact.
• Manfred Daut v. United States
  405 F.2d 312· 9th Cir.· 1968-12-16 ·cited 46×
  The court held that the trial court did not err in denying the motion for a separate trial, the motion for a continuance, or in its rulings regarding the jury and the constitutionality of the statute.
• United States v. Solon Glaze
  313 F.2d 757· 2d Cir.· 1963-02-01 ·cited 46×
  A variance between the bill of particulars and the proof at trial is not grounds for reversal unless the defendant demonstrates substantial prejudice.
• Keaton v. Keaton
  634 So. 2d 798· Fla. 4th DCA· 1994-04-06 ·cited 45×
  Dan Keaton appeals a final dissolution of marriage judgment, challenging the trial court's division of marital assets, denial of his continuance motion, award of primary custody to his wife, and attorney's fees award. The appellate court affirmed the custody decision but reversed
• United States v. Wilson
  787 F.2d 375· 8th Cir.· 1986-03-25 ·cited 45×
  The court affirmed the convictions of both defendants, finding Wilson's post-arrest statements voluntary and the evidence sufficient, and Enriquez's sentence not grossly disproportionate and his identification procedure not impermissibly suggestive.
• United States v. Spoonhunter
  476 F.2d 1050· 10th Cir.· 1973-04-10 ·cited 45×
  The court held that the trial court did not err in qualifying a seven-year-old witness, denying a motion for continuance, refusing a proposed jury instruction, excluding certain character evidence, or denying a motion to dismiss for lack of speedy trial.
• Hysler v. State
  132 Fla. 209· Fla.· 1938-02-03 ·cited 45×
  The appellate court affirmed the trial court's judgment, finding no abuse of discretion in denying the defendant's motions for a continuance and a change of venue. The court also held that the statute challenged was constitutional and that the evidence was sufficient to support t
• Whitman v. State
  97 Fla. 988· Fla.· 1929-05-28 ·cited 45×
  The Florida Supreme Court affirmed a conviction for manslaughter by automobile. The court held that the indictment was sufficiently clear and that any misnomer of the defendant was waived or covered by the idem sonans rule. The court also found no error in the denial of a continu
• Wilburn Shiver v. State
  41 Fla. 630· Fla.· 1899-06-01 ·cited 45×
  Wilburn Shiver was convicted of fraudulently altering animal marks and brands in violation of Florida law. The Florida Supreme Court affirmed the conviction, rejecting multiple challenges to the indictment's form, jury composition, continuance denial, venue change denial, and jur
• Harper v. United States
  143 F.2d 795· 8th Cir.· 1944-06-30 ·cited 44×
  The court held that the trial court did not err in denying the motion for continuance, overruling the demurrers to the indictment, or admitting evidence, as the indictment was sufficient and the evidence was relevant to intent and the scheme.
• Powell v. State
  175 So. 213· Fla.· 1937-06-11 ·cited 44×
  Marcus Powell was convicted of first-degree murder and sentenced to death for the killing of his wife, Katie Powell. The Florida Supreme Court reviewed his conviction, rejecting challenges to witness testimony, jury qualification, search and seizure issues, venue, and continuance
• Gibson v. State
  721 So. 2d 363· Fla. 2d DCA· 1998-10-28 ·cited 43×
  Mark Gibson appeals his conviction for capital sexual battery and lewd and lascivious acts against an 8-year-old stepdaughter, challenging his interrogation, the pre-trial amendment to the information, and the constitutionality of the mandatory life-without-parole sentence. The c
• United States v. Sexton
  473 F.2d 512· 5th Cir.· 1973-02-06 ·cited 43×
  The court held that the trial court's denial of the defendant's motions for discharge of counsel and continuance did not deprive him of his constitutional right to effective assistance of counsel.
• United States v. Santano Coronel-Quintana
  752 F.2d 1284· 8th Cir.· 1985-01-16 ·cited 42×
  The court held that the district court did not abuse its discretion in denying motions for continuance, severance, and suppression, and that the evidence was sufficient to support the convictions.
• Hall v. State
  420 So. 2d 872· Fla.· 1982-10-05 ·cited 42×
  Freddie Lee Hall appealed the denial of his motion to vacate his death sentence for first-degree murder and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the trial court's denial and rejected Hall's claims of constitutional violations and ineffective
• Songer v. State
  419 So. 2d 1044· Fla.· 1982-09-09 ·cited 42×
  Carl Ray Songer appeals the denial of his motion to vacate his death sentence for first-degree murder. The Florida Supreme Court affirms the trial court's denial, addressing claims of fundamental instructional error, ineffective assistance of counsel, and procedural challenges to
• United States v. Collom
  614 F.2d 624· 9th Cir.· 1979-11-23 ·cited 42×
  The court affirmed both convictions, finding that the investigatory stop, arrest, and searches were lawful, and that the jury instructions, including those related to insanity and aiding and abetting, were adequate or properly handled.
• Wallace v. United States
  174 F.2d 112· 8th Cir.· 1949-04-19 ·cited 42×
  The court held that the inmate's motion to vacate his sentence was properly dismissed because the issues raised were either previously decided, not cognizable on collateral attack, or not supported by the record, and the appeal was timely.
• January Adams v. State
  56 Fla. 1· Fla.· 1908-06-01 ·cited 42×
  January Adams was convicted of murder in the second degree for killing George Green. Adams appealed, challenging the trial court's denial of his motion for continuance due to the absence of a key witness and arguing the verdict was contrary to evidence and law. The Florida Suprem
• Cooper v. State
  856 So. 2d 969· Fla.· 2003-06-26 ·cited 41×
  Richard M. Cooper, sentenced to death for three murders in 1982, appealed the denial of his post-conviction relief motion under Florida Rule of Criminal Procedure 3.850 and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the trial court's denial, finding a
• Wyatt v. State
  641 So. 2d 1336· Fla.· 1994-09-08 ·cited 41×
  Thomas Wyatt appeals his conviction for three counts of first-degree murder and death sentence imposed for a violent armed robbery and triple homicide at a Florida Domino's Pizza restaurant. The Florida Supreme Court affirmed all convictions and the death sentence, finding that d
• Ralfe O.P. Silverman, Jr. v. Millner
  514 So. 2d 77· Fla. 3d DCA· 1987-10-27 ·cited 41×
  Silverman appeals a judgment for breach of employment contract after the trial court denied his motion for continuance when he suffered a stroke immediately before trial. The court reversed, finding the trial judge abused her discretion in denying the continuance given the sudden
• Darius DeMESME v. Sam E. Stephenson, Jr., M.D.
  498 So. 2d 673· Fla. 1st DCA· 1986-12-12 ·cited 41×
  The court held that the trial court did not err in granting summary judgment for the defendant because the plaintiff failed to present sufficient counter-evidence and did not meet the requirements for a continuance.
• United States v. Clevenger
  733 F.2d 1356· 9th Cir.· 1984-05-30 ·cited 41×
  The court held that the evidence was sufficient to prove criminal intent for conspiracy, mail fraud, and wire fraud, and that the trial court did not abuse its discretion in denying a continuance.
• United States v. Barrentine
  591 F.2d 1069· 5th Cir.· 1979-03-22 ·cited 41×·via Continuance Rulings
  The court held that the trial court did not abuse its discretion in denying a continuance for retained counsel and that the admission of certain evidence was proper.
• Samuels v. State
  123 Fla. 280· Fla.· 1936-03-16 ·cited 41×·via Continuance Of Trial
  This case reviews a conviction for breaking and entering and grand larceny. The appellate court affirmed the conviction, finding no reversible error in the trial court's denial of a severance, continuance, or in its jury instructions regarding accomplice testimony.
• Johnston v. Harris Cnty. Flood Control Dist.
  869 F.2d 1565· 5th Cir.· 1989-04-17 ·cited 40×
  The court held that Johnston's attorneys were not subject to disqualification, the denial of a continuance was not an abuse of discretion, and Johnston could pursue remedies under both Title VII and § 1983 for retaliation.
• United States v. Samuelson
  697 F.2d 255· 8th Cir.· 1983-01-06 ·cited 40×
  The court held that a conspiracy conviction is a lesser included offense of engaging in a continuing criminal enterprise, requiring vacation of the conspiracy sentence due to double jeopardy. Other convictions were affirmed.
• Conn. Gen. Life Ins. Co. v. Breslin
  332 F.2d 928· 5th Cir.· 1964-06-04 ·cited 40×
  The court held that the trial court misconstrued the burden of proof regarding accidental death under an insurance policy, requiring a remand for further findings. The court also affirmed the denial of a continuance and the striking of a jury demand.
• Nat'l Labor Relations Bd. v. Cent. Okla. Milk Producers Ass'n
  285 F.2d 495· 10th Cir.· 1960-11-12 ·cited 40×·via Continuance Of Hearing
  The court held that the National Labor Relations Board's order should be enforced as the Association's activities affect interstate commerce, the agricultural-worker exclusion does not apply, and the record supports the finding of discriminatory discharge.
• Peacock v. Feaster
  51 Fla. 269· Fla.· 1906-01-01 ·cited 40×
  This trover action was brought by Sue D. Feaster against Peacock & Hargraves for conversion of property. The trial court entered judgment for Feaster in the amount of $3,056.92, and the Florida Supreme Court affirmed, finding no reversible error in the trial court's rulings on pl
• Bldg. Educ. Corp. v. Ocean Bank
  982 So. 2d 37· Fla. 3d DCA· 2008-04-09 ·cited 39×·via Continuance Of Hearing
  Building Education Corporation sued Ocean Bank for breach of fiduciary duty after a bank director participated in purchasing Building Education's foreclosed property. The court held that no fiduciary relationship existed between Building Education and Ocean Bank, and affirmed sum
• Vollmer v. KEY Dev. Props., Inc.
  966 So. 2d 1022· Fla. 2d DCA· 2007-10-19 ·cited 39×
  In a decade-long mortgage foreclosure dispute, the appellate court reversed two orders disbursing funds from the court registry to Key Development, finding that the trial court violated Vollmer's due process rights by denying him meaningful participation in evidentiary hearings w
• United States v. Flynt
  756 F.2d 1352· 9th Cir.· 1985-03-28 ·cited 39×
  The court held that the denial of a continuance to obtain psychiatric evaluation and the subsequent use of summary contempt proceedings were abuses of discretion.
• Williams v. State
  438 So. 2d 781· Fla.· 1983-09-08 ·cited 39×
  Richard Sherman Williams was convicted of first-degree murder and sentenced to death for stabbing fellow inmate Roy Huff at Florida State Prison. The Florida Supreme Court affirmed both the conviction and death sentence, rejecting claims that the jury was confused about unanimity
• United States v. German Fidel Cueto
  611 F.2d 1056· 5th Cir.· 1980-02-14 ·cited 39×
  The court held that the admission of evidence from an illegal search and testimony regarding an impermissibly suggestive photographic identification violated the defendant's due process rights.
• United States v. Miller
  508 F.2d 444· 7th Cir.· 1974-12-18 ·cited 39×
  The court held that the conspiracy and substantive Dyer Act counts were distinct offenses, and that the erroneous admission of other crimes evidence against Miller and Davis was harmless due to overwhelming evidence of their guilt. However, Jordan's conviction was reversed due to
• Ahren v. Willis
  6 Fla. 359· Fla.· 1855-03-01 ·cited 39×
  The Florida Supreme Court affirmed the Circuit Court's judgment in a debt action on a sealed note, rejecting the defendants' challenges to both the denial of a continuance motion and the sufficiency of their special plea alleging lack of consideration.
• United States v. Reeves
  730 F.2d 1189· 8th Cir.· 1984-03-30 ·cited 38×
  The court held that the district court did not err in denying motions for continuance, suppressing evidence, admitting statements, denying individual voir dire, or denying severance, and that sufficient evidence supported the convictions.
• United States v. Bernhardt
  642 F.2d 251· 8th Cir.· 1981-03-05 ·cited 38×
  The court held that the trial court did not abuse its discretion in denying a continuance or in excluding legal materials from evidence.
• Davis v. Operation Amigo, Inc.
  378 F.2d 101· 10th Cir.· 1967-05-19 ·cited 38×
  The court held that dismissal with prejudice for want of prosecution and judgment on counterclaims were too harsh sanctions given the procedural history and circumstances.
• McKENNA v. United States
  232 F.2d 431· 8th Cir.· 1956-04-26 ·cited 38×
  The court held that the defendant's conviction for tax evasion was supported by sufficient evidence and that the trial court did not abuse its discretion in its rulings.
• Int'l Union v. Nat'l Labor Relations Bd.
  231 F.2d 237· 7th Cir.· 1956-03-20 ·cited 38×·via Continuance Of Hearing
  The court held that the National Labor Relations Board did not abuse its discretion in dismissing the unfair labor practice complaint, finding that the extension of the union security contract to new employees was proper as an accretion to an existing unit.
• Elliott v. State
  77 Fla. 611· Fla.· 1919-05-12 ·cited 38×
  Robert Elliott and Eulie Russell were convicted of obtaining money under false pretenses, with Russell charged as an aider and abettor. The Florida Supreme Court affirmed Elliott's conviction but reversed Russell's conviction because the indictment alleged his aiding acts occurre