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

• United States v. O'Shaughnessy
  764 F.2d 1035· 5th Cir.· 1985-06-18 ·cited 31×
  The court held that noncompliance with the "first appearance" requirement of 18 U.S.C. § 3142(f) precludes pretrial detention, even if the noncompliance resulted from a judicial scheduling error.
• United States v. Harris
  436 F.2d 775· 9th Cir.· 1970-12-28 ·cited 31×
  The court held that the trial judge did not abuse discretion in denying a continuance and that any irregularities in the Selective Service Board's processing were rendered harmless by a subsequent reclassification.
• Pearce v. State
  93 Fla. 504· Fla.· 1927-03-12 ·cited 31×
  Floyd Pearce was convicted of manslaughter in the shooting death of Dr. L. J. Adams. The Florida Supreme Court reversed the conviction, finding reversible error in the trial court's exclusion of evidence regarding metallic knuckles found at the scene, which was material to Pearce
• Becerra-Jimenez v. Immigr. & Naturalization Serv.
  829 F.2d 996· 10th Cir.· 1987-09-22 ·cited 30×
  The court held that the denial of voluntary departure was not an abuse of discretion, but remanded the case to the BIA for consideration of newly discovered evidence under 28 U.S.C. § 2347(c).
• United States v. Paradis
  802 F.2d 553· 1st Cir.· 1986-09-29 ·cited 30×
  The court affirmed the convictions, finding no reversible error in the trial court's rulings on continuances, probable cause, search warrants, sufficiency of evidence, hearsay, prosecutorial comments, severance, or witness retaliation charges.
• United States v. Casey
  540 F.2d 811· 5th Cir.· 1976-10-15 ·cited 30×
  The court held that the evidence was insufficient to support a conviction for receiving and concealing a stolen vehicle (§ 2313) because the defendant's actions did not constitute physical concealment. However, the evidence was sufficient to support a conviction for transporting
• United States v. Williams
  484 F.2d 176· 8th Cir.· 1973-07-24 ·cited 30×
  The court held that the appellants were not denied an impartial jury and that the trial court did not err in its instructions or evidentiary rulings.
• French v. State
  161 So. 2d 879· Fla. 1st DCA· 1964-03-24 ·cited 30×
  Jack French appeals a denial of post-conviction relief under Criminal Procedure Rule 1, challenging the trial court's appointment of counsel on the day of trial and denial of continuance to prepare. The court reverses, holding that denying appointed counsel adequate time to prepa
• Kitchen v. State
  89 So. 2d 667· Fla.· 1956-09-26 ·cited 30×
  Katie Mae Kitchen appeals her conviction for second-degree murder, challenging the trial court's denial of her continuance motion and the admission of a photograph of the victim's stab wound. The Florida Supreme Court affirms, holding that the trial court did not abuse its discre
• Shelton v. United States
  169 F.2d 665· D.C. Cir.· 1948-05-24 ·cited 30×
  The court held that the appellant's numerous asserted errors, when considered individually or in aggregate, did not constitute prejudicial error denying him a fair trial.
• Reynolds v. Smith
  49 Fla. 217· Fla.· 1905-01-01 ·cited 30×
  Reynolds appeals a judgment entered by a referee in an assumpsit action, challenging the denial of continuance motions, the referee's jurisdiction, and the denial of post-judgment motions. The Florida Supreme Court affirms, holding that the referee properly exercised discretion i
• United States v. Talmon Hegwood, Jr.
  562 F.2d 946· 5th Cir.· 1977-11-10 ·cited 29×
  The court held that the trial court did not abuse its discretion in denying the defendant's motions to subpoena an alibi witness and for a continuance, given the defendant's delay and failure to demonstrate the necessity of the witness's testimony.
• United States v. 110 Bars OF Silver
  508 F.2d 799· 5th Cir.· 1975-02-24 ·cited 29×
  The court held that the trial court did not abuse its discretion in denying a jury trial, a continuance, or in its evidentiary rulings, and that the Jencks Act does not apply to civil forfeiture proceedings.
• Olen Clay Gorby v. State
  819 So. 2d 664· Fla.· 2002-04-11 ·cited 28×·via Continuance Request
  Olen Clay Gorby, convicted of first-degree murder and sentenced to death, appealed the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the trial court's de
• State v. Wheeler
  745 So. 2d 1094· Fla. 4th DCA· 1999-11-24 ·cited 28×·via Continuance Of Trial
  A trial court lacks authority to dismiss a criminal charge based on the victim's decision not to pursue prosecution or the court's belief that dismissal serves the interests of justice. Only the state attorney possesses the discretion to determine whether prosecution will continu
• United States v. W.J. Poston
  902 F.2d 90· D.C. Cir.· 1990-05-04 ·cited 28×
  The court held that the evidence was sufficient to support a conviction for aiding and abetting possession of PCP with intent to distribute, and that the trial court did not abuse its discretion in denying a continuance or in its handling of the sentencing promise claim.
• Wiley v. Offshore Painting Contractors, Inc.
  711 F.2d 602· 5th Cir.· 1983-07-25 ·cited 28×
  The court affirmed the trial court's judgments, finding Chevron's arguments to be without merit, frivolous, or not properly preserved for appeal.
• Elkins v. United States
  266 F.2d 588· 9th Cir.· 1959-04-27 ·cited 28×
  The court held that the defendants' specifications of error lacked merit, affirming the district court's judgments and denial of post-trial motions.
• United States v. Perlstein
  120 F.2d 276· 3d Cir.· 1941-04-24 ·cited 28×
  The majority found errors of law requiring a new trial for the defendants.
• Bennett v. State
  96 Fla. 237· Fla.· 1928-07-13 ·cited 28×
  Everett Bennett was convicted of manslaughter for the death of Lee Morgan and appealed on nine assignments of error. The Florida Supreme Court affirmed the conviction, finding no reversible error in the trial court's rulings regarding bail, continuance, prosecuting attorney quali
• Walker v. State
  93 Fla. 1069· Fla.· 1927-05-20 ·cited 28×
  The Florida Supreme Court affirmed a conviction for manslaughter, finding no reversible error in the trial court's proceedings. The court addressed issues concerning the striking of a plea in abatement, the appointment of a special prosecutor, and the denial of a motion for conti
• United States v. Mitchell
  777 F.2d 248· 5th Cir.· 1985-11-26 ·cited 27×
  The court held that the district court did not abuse its discretion in denying motions for continuance, as defendants failed to show prejudice or that the denial obstructed justice. The court also found the RICO enterprise was adequately defined and proven.
• United States v. Medlin
  353 F.2d 789· 6th Cir.· 1965-12-29 ·cited 27×
  The court held that the trial judge did not abuse his discretion in denying continuances, admitting evidence, or in his instructions to the jury, and that the evidence was sufficient to support the conviction.
• Dupree v. State
  125 Fla. 58· Fla.· 1936-07-27 ·cited 27×
  The appellate court affirmed a conviction for armed robbery, holding that the trial court did not commit reversible error by denying a motion to postpone the trial. The court found that even if the denial was error, it was harmless given the overwhelming evidence of guilt.
• Jones v. State
  44 Fla. 74· Fla.· 1902-01-01 ·cited 27×
  Alex Jones was convicted of assault with intent to commit murder and appealed to the Florida Supreme Court on five assignments of error. The court affirmed the conviction, finding no abuse of discretion in denying a continuance for a missing witness, no error in admitting post-of
• D.N. v. State
  855 So. 2d 258· Fla. 4th DCA· 2003-10-01 ·cited 26×
  A thirteen-year-old child's probation was revoked after a hearing where his replacement public defender had insufficient time to prepare, including procuring necessary witnesses. The appellate court reversed, finding the trial court abused its discretion in denying a continuance
• United States v. Bush
  820 F.2d 858· 7th Cir.· 1987-05-15 ·cited 26×
  The court held that the trial court did not abuse its discretion in denying a continuance and that Miranda warnings were not required for the defendant's voluntary statement made at his home.
• House OF Prayer OF Apostolic Faith, Inc. v. Watson
  496 So. 2d 220· Fla. 3d DCA· 1986-10-21 ·cited 26×
• United States v. Brown
  699 F.2d 704· 5th Cir.· 1983-02-22 ·cited 26×
  The court held that the jury selection procedures did not constitute reversible error, and the evidence was sufficient for most convictions, but reversed one mail fraud count due to insufficient evidence and remanded for reconsideration of restitution.
• United States v. Taylor
  542 F.2d 1023· 8th Cir.· 1976-10-20 ·cited 26×
  The court held that the district court did not abuse its discretion in denying a continuance for late disclosure of informant information, nor in refusing to order production of government witnesses' criminal records.
• United States v. Snyder
  505 F.2d 595· 5th Cir.· 1974-12-16 ·cited 26×
  The court affirmed the fraud conviction, holding that the trial court did not err in denying a continuance, admitting coconspirator testimony without a conspiracy indictment, or in denying a motion for acquittal. The court reversed the contempt citation, holding that summary cont
• United States v. Moriarty
  497 F.2d 486· 5th Cir.· 1974-07-19 ·cited 26×
  The court affirmed the jury conviction, finding no abuse of discretion in denying the continuance, no reversible error in the admission of rebuttal testimony despite sequestration rule concerns, and no error in giving the Allen charge.
• United States v. Rosenthal
  470 F.2d 837· 2d Cir.· 1972-12-11 ·cited 26×
  The court held that the evidence was sufficient to support the jury's verdict of tax evasion, and that the district court did not err in denying the defendant's motions for a continuance or in allowing him to proceed pro se.
• United States v. Grooms
  454 F.2d 1308· 7th Cir.· 1972-01-05 ·cited 26×·via Continuance Of Trial
  The dissenting judge believes the conviction should be reversed and a new trial ordered due to prejudicial prosecutorial arguments.
• Elton Ray Barnes and Bunchie White v. United States
  374 F.2d 126· 5th Cir.· 1967-02-28 ·cited 26×
  The court held that the trial court did not err in denying motions for severance, continuance, or in admitting evidence and confessions, affirming the convictions.
• Brook v. Gale
  14 Fla. 523· Fla.· 1874-04-01 ·cited 26×
  Jacob Brook sued steamboat operator Alvin Gale for loss of baggage containing dentist's tools and instruments. The Florida Supreme Court reversed the judgment, holding that a common carrier is not liable for lost profits from discontinued professional work unless the carrier had
• United States v. Costello
  760 F.2d 1123· 11th Cir.· 1985-05-20 ·cited 25×
  The court held that the district court did not abuse its discretion in denying motions for continuance of the trial and sentencing, nor in refusing jury instructions on insanity and involuntary intoxication.
• United States v. Kelly
  749 F.2d 1541· 11th Cir.· 1985-01-10 ·cited 25×
  The court held that the evidence was insufficient to convict Evasio Garcia of conspiracy charges, reversing his conviction. The court affirmed the convictions of the other appellants, finding sufficient evidence and no reversible error regarding their other claims.
• United States v. Medina-Arellano
  569 F.2d 349· 5th Cir.· 1978-03-13 ·cited 25×
  The court held that a four-year pre-indictment delay did not violate due process, denial of a continuance was not an abuse of discretion, and a witness's guilty plea to an unrelated conspiracy did not warrant a mistrial.
• Williams v. State
  53 Fla. 89· Fla.· 1907-01-01 ·cited 25×
  Jim Williams was convicted of assault with intent to murder and sentenced to ten years in prison. The Florida Supreme Court affirmed his conviction, rejecting all four assignments of error regarding the trial court's denial of a continuance motion, admission of witness testimony,
• United States v. Shaw
  920 F.2d 1225· 5th Cir.· 1991-01-03 ·cited 24×
  The court held that a defendant lacks standing to challenge the constitutionality of a statute based on inconsistent penalty provisions if the district court sentenced him under the less severe provision, and that the oral sentence pronouncement prevails over a conflicting writte
• United States v. Manos
  848 F.2d 1427· 7th Cir.· 1988-06-14 ·cited 24×
  The court affirmed the conviction, finding no abuse of discretion in the trial court's evidentiary rulings, denial of a continuance, or the prosecutor's closing argument.
• Code v. Montgomery
  799 F.2d 1481· 11th Cir.· 1986-09-22 ·cited 24×
  The court held that the defendant received ineffective assistance of counsel because his attorney failed to adequately investigate an alibi defense and failed to move for a continuance, thus depriving him of a fair trial.
• United States v. Fermin Enrique Bergouignan
  764 F.2d 1503· 11th Cir.· 1985-07-12 ·cited 24×
  The court remanded the Speedy Trial Act claims for Bergouignan and Godoy to the district court for a determination of excludable days, while affirming Simone's convictions.
• United States v. Dion
  762 F.2d 674· 8th Cir.· 1985-05-20 ·cited 24×
  The court affirmed convictions for selling protected birds, finding the religious freedom defense inapplicable to commercial transactions and rejecting claims of selective prosecution and unlawful delegation of authority. The court also rejected an entrapment defense based on the
• United States v. Pruitt
  719 F.2d 975· 9th Cir.· 1983-09-07 ·cited 24×·via Motion To Continue Trial
  The court affirmed the conviction, holding that the indictment was not unconstitutionally vague, the detention and search at the checkpoint were lawful, the denial of a motion to continue for new counsel was proper, prosecutorial misconduct did not prejudice the defendant, and th
• Jordan v. State
  419 So. 2d 363· Fla. 1st DCA· 1982-09-10 ·cited 24×
  Robert Wesley Jordan appealed his conviction for trafficking in cannabis exceeding 100 pounds under Florida law. The First District Court of Appeal affirmed the conviction, rejecting Jordan's arguments regarding insufficient evidence of drug weight, denial of a continuance, prose
• Sandegren v. State of Fla. ex rel. Sarasota Cnty. Pub. Hosp. Bd.
  397 So. 2d 657· Fla.· 1981-03-12 ·cited 24×
  The Florida Supreme Court upheld the constitutionality of chapter 394 (the Baker Act) and affirmed a mandamus judgment requiring Sarasota County to fund its statutory share of local mental health services. The court rejected constitutional challenges based on improper delegation
• United States v. Pipat Sukumolachan
  610 F.2d 685· 9th Cir.· 1980-01-03 ·cited 24×
  The court held that the trial court did not abuse its discretion in denying a continuance, admitting an inculpatory statement for impeachment, or allowing unlisted witnesses to testify, and that the jury instructions on reasonable doubt were adequate.
• United States v. ERB
  596 F.2d 412· 10th Cir.· 1979-04-06 ·cited 24×