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

• Bynum v. State
  46 Fla. 142· Fla.· 1903-06-01 ·cited 38×
  Robert Bynum was convicted of carnal intercourse with an unmarried female under age sixteen. The Florida Supreme Court affirmed the conviction, rejecting his challenges to the denial of a continuance motion, the admission of evidence regarding the victim's age, and the jury instr
• United States v. Warren
  772 F.2d 827· 11th Cir.· 1985-10-03 ·cited 37×
  The court held that there was sufficient evidence to support the appellants' convictions for conspiracy to hold and holding migrant workers in involuntary servitude, and that the trial court did not err in its rulings.
• United States v. Roca-Alvarez
  451 F.2d 843· 5th Cir.· 1971-11-17 ·cited 37×
  The court held that the trial court did not err in denying the motion for a continuance or the motion for disqualification, but remanded for a psychiatric examination to determine competency.
• Hall v. Fla. State Drainage Land Co.
  89 Fla. 312· Fla.· 1925-03-28 ·cited 37×
  In this ejectment action, the Florida Supreme Court reversed a directed verdict for the plaintiff because the plaintiff failed to prove the defendant's possession of the disputed land. Although the plaintiff established a prima facie chain of title from the Trustees of the Intern
• Eli Baron v. Baron
  941 So. 2d 1233· Fla. 2d DCA· 2006-11-17 ·cited 36×
  The Father appealed a trial court's order granting the Mother's motion to place their daughter in a therapeutic boarding school. The court reversed because the trial court abused its discretion by denying the Father's continuance motion when his counsel was unavailable, violating
• THE Florida BAR v. Rapoport
  845 So. 2d 874· Fla.· 2003-02-20 ·cited 36×
  The Florida Supreme Court affirmed a finding that Albert A. Rapoport, a Washington D.C.-licensed attorney, engaged in the unlicensed practice of law in Florida by representing parties in securities arbitration proceedings without a Florida bar license. The Court rejected Rapoport
• Memwaldy Curtis v. State
  685 So. 2d 1234· Fla.· 1996-10-10 ·cited 36×
  Curtis was convicted of first-degree murder, attempted first-degree murder, and robbery in a store shooting that killed one clerk. The Florida Supreme Court affirmed his convictions but reversed his death sentence as disproportionate, remanding for imposition of life without paro
• United States v. Hamm
  786 F.2d 804· 7th Cir.· 1986-03-26 ·cited 36×
  The court held that the trial court did not abuse its discretion in denying the motion for continuance or the motion to suppress, but erred in failing to make findings on disputed facts in the presentence report.
• Thompson v. Gen. Motors Corp., Inc.
  439 So. 2d 1012· Fla. 2d DCA· 1983-10-31 ·cited 36×
  The trial court abused its discretion by denying a continuance based on counsel's serious medical condition, especially when the lost deposition tape was irrelevant to the health issue.
• Valle v. State
  394 So. 2d 1004· Fla.· 1981-02-26 ·cited 36×
  Manuel Valle, convicted of first-degree murder of a police officer, was sentenced to death after a trial that commenced only 24 days after arraignment. The Florida Supreme Court reversed and remanded for a new trial, holding that the compressed trial timeline denied Valle effecti
• United States v. Aviles
  623 F.2d 1192· 7th Cir.· 1980-06-10 ·cited 36×
  The court held that the district court did not abuse its discretion in denying the appellant's motion for a continuance under the Speedy Trial Act, nor in admitting evidence despite a challenge to the chain of custody.
• United States v. Silva
  611 F.2d 78· 5th Cir.· 1980-01-28 ·cited 36×
  The court held that the defendant's Sixth Amendment rights were not violated by the denial of a continuance for new counsel, and that the evidence was sufficient to support the conviction.
• State v. Kurtz
  354 So. 2d 890· Fla. 4th DCA· 1978-01-10 ·cited 36×
  A criminal defendant's motion for continuance, when granted, removes the case from the strict application of the Speedy Trial Rule.
• United States v. Cawley
  481 F.2d 702· 5th Cir.· 1973-07-03 ·cited 36×
  The court held that the trial court did not err in denying motions for a continuance, new trial based on newly discovered evidence regarding a co-defendant's plea bargain, or a new trial based on alleged prosecutorial comment on a defendant's silence.
• Mitchell v. United States
  143 F.2d 953· 10th Cir.· 1944-07-13 ·cited 36×
  The court held that the indictment was sufficient, the denial of a continuance was not an abuse of discretion, the evidence was sufficient to sustain the verdict, and the entrapment defense was not applicable.
• Diaz v. State
  513 So. 2d 1045· Fla.· 1987-10-08 ·cited 35×
  Angel Diaz was convicted of first-degree murder and other felonies in connection with a 1979 armed robbery of a Miami bar in which the manager was killed. The Florida Supreme Court affirmed his convictions and death sentence, holding that Diaz satisfied the Enmund/Tison culpabili
• Tootle v. State
  100 Fla. 1248· Fla.· 1930-11-15 ·cited 35×
  This case reviews a conviction for manslaughter by automobile. The appellate court affirmed the conviction, holding that the trial court did not err in allowing an amendment to the information and that the evidence was sufficient to support the jury's verdict.
• United States v. Orrin Scott Reed
  658 F.2d 624· 8th Cir.· 1981-09-10 ·cited 34×
  The court held that denying travel expenses to appointed counsel for indigent defendants violates the Criminal Justice Act and the Sixth Amendment right to effective assistance of counsel.
• DE LA Cova v. State
  355 So. 2d 1227· Fla. 3d DCA· 1978-02-28 ·cited 34×
  De la Cova and Latham were convicted of conspiracy, attempted destructive device discharge, attempted arson, and explosives-related offenses. The court affirmed their convictions but reversed certain sentences imposed consecutively for offenses arising from the same criminal tran
• State v. Abrams
  350 So. 2d 1104· Fla. 4th DCA· 1977-10-04 ·cited 34×·via Continuance Request
  The State of Florida appealed a trial court's order discharging Walter Abrams for violation of his speedy trial rights after remand for a new trial. The court held that Abrams was bound by his public defender's continuance request, which waived his speedy trial rights, and revers
• Wolfs v. Britton
  509 F.2d 304· 8th Cir.· 1975-01-31 ·cited 34×
  The court held that the denial of a continuance, which prevented defense counsel from adequately preparing for trial, amounted to a denial of the Sixth Amendment right to effective assistance of counsel.
• United States v. Baum
  482 F.2d 1325· 2d Cir.· 1973-03-22 ·cited 34×·via Continuance Of Trial
  The court held that the conviction of Baum must be reversed due to the government's failure to disclose a crucial witness's identity and testimony until trial, denying Baum a fair opportunity to prepare his defense. Scapoli's conviction was affirmed.
• Taylor v. State OF Minn.
  466 F.2d 1119· 8th Cir.· 1972-09-18 ·cited 34×
  The court held that the seizure and introduction of the memorandum did not violate the appellant's Fourth or Fifth Amendment rights, nor did the denial of a continuance violate his Sixth Amendment rights.
• United States v. Fuentes
  432 F.2d 405· 5th Cir.· 1970-10-05 ·cited 34×
  The court held that the defendants' convictions were supported by substantial evidence and that their procedural arguments, including challenges to the indictment and evidentiary rulings, were waived by failure to object or lacked merit.
• Hintz v. Beto
  379 F.2d 937· 5th Cir.· 1967-06-29 ·cited 34×
  The court held that the denial of the motion for continuance, which prevented defense counsel from adequately preparing a defense based on the defendant's mental condition, violated the Sixth Amendment right to effective assistance of counsel.
• Coyner v. State
  177 So. 2d 715· Fla. 3d DCA· 1965-07-27 ·cited 34×
  The court reviewed the summary denial of a petition for relief filed under Criminal Procedure Rule One, which alleged denial of counsel's preparation time and an involuntary confession.
• MacKENNA v. Ellis
  263 F.2d 35· 5th Cir.· 1959-01-16 ·cited 34×
  The majority opinion, which the dissenting judge disagrees with, found that two claims presented grounds for habeas corpus relief.
• Hall v. State
  70 Fla. 48· Fla.· 1915-07-01 ·cited 34×
  Jim Hall was convicted of murder in the first degree for shooting and killing Isham C. Walker, whom he mistook for Lee Boyd during a nighttime confrontation. The Florida Supreme Court affirmed the conviction, holding that a person who kills another while attempting to kill a thir
• Webster v. State
  47 Fla. 108· Fla.· 1904-01-01 ·cited 34×
  Alex Webster was convicted of murder in the first degree for killing E. H. Fisher and sentenced to death. The Florida Supreme Court reversed the judgment and remanded for resentencing solely because the trial court's death sentence specified execution in 'the yard surrounding the
• Snelgrove v. State
  107 So. 3d 242· Fla.· 2012-04-19 ·cited 33×·via Continuance Rulings
  David Snelgrove was convicted of murdering an elderly couple in 2000 and sentenced to death. On appeal after remand for a new penalty phase, the Florida Supreme Court affirmed the death sentences, rejecting challenges to the trial court's denial of a continuance for mental retard
• McELYEA v. Governor Bruce Babbitt
  833 F.2d 196· 9th Cir.· 1987-11-30 ·cited 33×
  The court held that the district court erred in granting summary judgment without proper notice of conversion and without ruling on the plaintiff's motions for continuance and appointment of counsel.
• Buckley Towers Condo., Inc. v. Buchwald
  340 So. 2d 1206· Fla. 3d DCA· 1976-12-14 ·cited 33×
  Buckley Towers Condominium appeals an order sequestering association funds and appointing a receiver to enforce payment of delinquent rents owed under a community facility lease. The appellate court affirmed the sequestration order, holding that the trial court did not abuse its
• United States v. Studley
  892 F.2d 518· 7th Cir.· 1989-12-14 ·cited 32×
  The court held that the trial court did not abuse its discretion in denying the defendant's motions for continuance, severance, and acquittal, nor in admitting evidence of prior similar acts.
• United States v. Wright
  826 F.2d 938· 10th Cir.· 1987-08-11 ·cited 32×
  The court held that the trial court did not abuse its discretion in denying motions for continuance, bill of particulars, severance, and in admitting certain evidence, and that sufficient evidence supported the jury's convictions.
• United States v. Freeman
  816 F.2d 558· 10th Cir.· 1987-04-21 ·cited 32×
  The court held that the trial court did not err in denying the defendant's motions to suppress statements and evidence, compel informant disclosure, admit hearsay for investigative background, or deny a continuance to retain counsel.
• United States v. Bradshaw
  787 F.2d 1385· 10th Cir.· 1986-03-27 ·cited 32×
  The court held that a trial court has discretion in how to respond to allegations of juror bias, and is not automatically required to conduct an evidentiary hearing. The court also held that denying a motion for continuance and admitting evidence of an overt act were not abuses o
• United States v. Lane
  765 F.2d 1376· 9th Cir.· 1985-07-16 ·cited 32×
  The court held that the trial court did not err in denying the motion for a continuance, nor was the indictment insufficient, and the evidence was sufficient to support the conviction for conspiracy to defraud the United States.
• F & S Offshore, Inc. v. K.O. Steel Castings, Inc.
  662 F.2d 1104· 5th Cir.· 1981-11-09 ·cited 32×
  The court held that the admission of expert testimony regarding the shackle's twisted position did not constitute unfair surprise or reversible error, and that sufficient evidence supported the trial court's judgment.
• United States v. Jones
  612 F.2d 453· 9th Cir.· 1979-12-27 ·cited 32×
  The court held that the trial court did not err in denying discovery requests, suppressing portions of a witness statement, finding probable cause for arrest, admitting a post-arrest statement, sustaining the conviction for telephone facilitation, or in its jury instructions.
• United States v. Campbell
  609 F.2d 922· 8th Cir.· 1979-11-30 ·cited 32×
  The court held that the trial courts did not err in denying defendants' motions to present a coercion defense or in denying their motions for a continuance based on alleged prison harassment.
• United States v. Payseur
  501 F.2d 966· 9th Cir.· 1974-08-08 ·cited 32×
  The court held that the trial court did not err in refusing to submit the issue of entrapment to the jury and that the jury instruction regarding reliance on a single truthful witness, while imperfect, did not constitute plain error.
• United States v. Sturgeon
  501 F.2d 1270· 8th Cir.· 1974-07-18 ·cited 32×
  The court held that the search warrant was validly issued under state law and complied with federal rules, and that the defendant's other contentions lacked merit.
• United States v. Davis
  436 F.2d 679· 10th Cir.· 1971-01-25 ·cited 32×
  The court held that the trial court did not abuse its discretion in denying the defendant Dennie's motion for a continuance, nor did it err in denying Davis' motions for severance, suppression, and dismissal of count three.
• Sadler v. State
  222 So. 2d 797· Fla. 2d DCA· 1969-05-16 ·cited 32×
  Don Sadler appeals his conviction for first-degree murder in the stabbing death of his wife. The Florida appellate court affirmed the conviction, rejecting challenges to the denial of a continuance motion, the trial court's jury instructions on lesser included offenses, and alleg
• Brown v. United States
  403 F.2d 489· 5th Cir.· 1968-11-13 ·cited 32×
  The court held that the indictment was sufficient, the jury instructions were proper, the evidence was not unlawfully obtained, and the denial of a continuance was not an abuse of discretion.
• Warden v. United States
  391 F.2d 747· 10th Cir.· 1968-03-27 ·cited 32×
  The court held that the evidence was sufficient to support the conviction and that the trial court did not err in denying the motion for acquittal, the motion for continuance, or in its rulings on evidence.
• United States v. Keegan
  331 F.2d 257· 7th Cir.· 1964-04-02 ·cited 32×·via Continuance Rulings
  Each payment by an employer to a union representative constitutes a separate violation of 29 U.S.C.A. § 186(b), and the jury was properly instructed on the definition of 'willfully violates'.
• State v. Himes
  160 Fla. 757· Fla.· 1948-07-30 ·cited 32×·via Continuance Of Trial
  The Florida Supreme Court rejected a petition for a writ of prohibition seeking to disqualify a trial judge from presiding over a gambling case. The court held that while a judge's prejudice against a lawyer could in rare cases warrant disqualification, the judge's conduct here—r
• Brown v. State
  135 Fla. 90· Fla.· 1938-11-18 ·cited 32×
  Jack C. Brown was convicted of grand larceny after being acquitted in a prior proceeding on a charge of breaking and entering with intent to commit larceny. The Florida Supreme Court affirmed the conviction, holding that an acquittal on burglary charges does not bar a subsequent
• Valdes-Fauli v. Gonzalo F. Valdes-Fauli
  903 So. 2d 214· Fla. 3d DCA· 2005-02-17 ·cited 31×
  In a dissolution of marriage case involving substantial assets, the wife sought a writ of prohibition to disqualify the trial judge based on remarks and conduct suggesting bias against her alimony claim. The appellate court granted the petition, finding the judge's comments and p