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. Briddle
  443 F.2d 443· 8th Cir.· 1971-06-03 ·cited 24×
  The court held that the circumstantial evidence was sufficient to support the convictions, and that the trial court did not err in its jury instructions, evidentiary rulings, or denial of a continuance.
• Ned Wood v. United States
  317 F.2d 736· 10th Cir.· 1963-05-27 ·cited 24×
  The court held that the defendant's confession was admissible, the entrapment defense was not supported by evidence, the indictment did not violate double jeopardy, and the trial court did not err in denying a continuance.
• Sanchez v. United States
  311 F.2d 327· 9th Cir.· 1962-12-26 ·cited 24×
  The court held that the trial court did not err in admitting evidence, denying a continuance, or refusing to discharge counsel, and that sufficient evidence supported the conviction.
• Rott v. City OF Miami Beach
  94 So. 2d 168· Fla.· 1957-03-13 ·cited 24×
  The City of Miami Beach condemned property owned by the Rotts to build a public parking facility. The Rotts challenged the condemnation, arguing the city acted in bad faith by denying their building permit for a mixed-use parking garage with retail stores, then immediately condem
• Spurgeon King v. State
  156 Fla. 817· Fla.· 1946-01-22 ·cited 24×
  Spurgeon King was convicted of receiving and concealing stolen whisky. The Florida Supreme Court affirmed the conviction, holding that the evidence sufficiently established King's knowledge that the whisky was stolen based on the suspicious circumstances of the transaction and hi
• Shands Teaching Hosp. & Clinics, Inc. v. Dunn
  977 So. 2d 594· Fla. 1st DCA· 2007-11-20 ·cited 23×
  Shands Teaching Hospital appeals a $2 million jury verdict for medical negligence in the death of a child following heart surgery. The appellate court reverses, finding the trial court committed reversible error by excluding evidence of the hospital's routine practice of requirin
• Cargile-Schrage v. Schrage
  908 So. 2d 528· Fla. 4th DCA· 2005-07-20 ·cited 23×·via Continuance Rulings
  A wife appealed a final judgment dissolving her marriage, arguing that the trial court abused its discretion by denying her motion for a continuance to allow her third attorney to represent her, which forced her to proceed pro se at trial. The court affirmed, holding that the den
• United States v. Shirley
  884 F.2d 1130· 9th Cir.· 1989-08-24 ·cited 23×
  The court held that the district court did not abuse its discretion in admitting testimony, denying a motion to subpoena witnesses at government expense, admitting summary charts, denying a motion for acquittal, or denying a motion for continuance. The court affirmed the convicti
• United States v. Satterfield
  644 F.2d 1092· 5th Cir.· 1981-05-14 ·cited 23×
  The court held that the trial court did not err in admitting evidence of a prior similar offense, denying a motion for continuance, instructing the jury on ignorance of the law, or denying a motion to suppress incriminating statements.
• United States v. Magana-Arevalo
  639 F.2d 226· 5th Cir.· 1981-03-09 ·cited 23×
  The court held that the evidence was sufficient to support the conviction, the voir dire was conducted properly despite pre-trial publicity, and the prosecutorial comment was not improper.
• Ruiz v. Hamburg-American Line
  478 F.2d 29· 9th Cir.· 1973-04-23 ·cited 23×
• Arcoren v. United States
  929 F.2d 1235· 8th Cir.· 1991-04-08 ·cited 22×
  The court held that the admission of battered woman syndrome expert testimony was proper under Rule 702 to help the jury understand the victim's recantation, and that the admission of prior bad acts evidence was permissible under Rule 404(b). However, the court vacated the convic
• United States v. Dougherty
  895 F.2d 399· 7th Cir.· 1990-02-08 ·cited 22×
  A jury verdict of guilty constitutes a conviction under 18 U.S.C. § 1202(a)(1), and failure to renew an objection to conditionally admitted evidence waives appellate review.
• United States v. Holguin
  868 F.2d 201· 7th Cir.· 1989-02-15 ·cited 22×
  The court granted the government's petition for rehearing, affirming the defendant's conviction under the continuing criminal enterprise statute and his sentence, finding sufficient evidence and rejecting sentencing challenges.
• Maldonado-Perez v. Immigr. & Naturalization Serv.
  865 F.2d 328· D.C. Cir.· 1989-01-10 ·cited 22×
  The court held that denying an alien a reasonable opportunity to present his asylum case, by simultaneously denying a change of venue and a continuance, and ordering deportation in absentia, was an abuse of discretion.
• United States ex rel. Leroy Smith, Jr. v. Lane
  794 F.2d 287· 7th Cir.· 1986-06-24 ·cited 22×
  The court held that the petitioner failed to demonstrate prejudice from the denial of a continuance, and therefore, his claim of court-induced ineffective assistance of counsel failed.
• Miner v. Westlake
  478 So. 2d 1066· Fla.· 1985-11-25 ·cited 22×
  The Florida Supreme Court held that the state's mere convenience in trying codefendants together is not an exceptional circumstance sufficient to extend a defendant's speedy trial time over the defendant's objection. The Court clarified that a defendant's speedy trial right takes
• United States v. Agha Kaleem Ullah Khan
  728 F.2d 676· 5th Cir.· 1984-03-15 ·cited 22×
  The court held that the district court did not err in denying the motion for a continuance to secure a codefendant's testimony, as the defendant failed to show the codefendant would testify and the Fifth Amendment privilege could still be invoked.
• United States v. Golub
  694 F.2d 207· 10th Cir.· 1982-12-01 ·cited 22×
  The court held that the trial court's insistence on proceeding to trial with newly retained counsel on one week's notice did not prevent an effective defense, and thus did not violate the Sixth Amendment right to counsel.
• United States v. Cushman D. King
  664 F.2d 1171· 10th Cir.· 1981-11-30 ·cited 22×
  The court held that the denial of a continuance, which resulted in inadequate time for defense preparation, violated the defendant's Sixth Amendment right to effective assistance of counsel.
• Harris v. Estelle
  487 F.2d 1293· 5th Cir.· 1974-01-11 ·cited 22×
  The court held that claims not presented to state courts must be dismissed without prejudice for failure to exhaust state remedies, while exhausted claims can be decided on the merits.
• McKINNEY v. Louie L. Wainwright
  488 F.2d 28· 5th Cir.· 1974-01-11 ·cited 22×
  The court held that the trial court did not abuse its discretion in denying the motion for continuance, and thus affirmed the dismissal of the habeas petition.
• Jones v. Swenson
  469 F.2d 535· 8th Cir.· 1972-11-09 ·cited 22×
  The court held that the district court did not err in dismissing the petition for writ of habeas corpus without a hearing, as petitioner failed to demonstrate a constitutional violation.
• United States v. DeLUZIO
  454 F.2d 711· 10th Cir.· 1972-01-18 ·cited 22×
  The court held that the trial court did not abuse its discretion in denying a continuance due to pretrial publicity, that the evidence was sufficient to support the conviction, and that the admission of testimony regarding non-related crimes was not plain error.
• United States v. Bray
  445 F.2d 178· 5th Cir.· 1971-06-25 ·cited 22×
  The court held that the evidence was sufficient, the cross-examination regarding prior convictions and witness failures was proper, and the defendant was not denied due process by the timing of counsel appointment.
• Russell-Newman MFG. Co., Inc. v. Nat'l Labor Relations Bd.
  370 F.2d 980· 5th Cir.· 1966-12-27 ·cited 22×
  The court held that the Board denied the company due process by failing to provide adequate notice and a fair hearing on new, substantial allegations.
• Lightsee v. First Nat'l Bank OF Melbourne
  132 So. 2d 776· Fla. 2d DCA· 1961-09-15 ·cited 22×
  Victor Lightsee appeals a summary judgment rendered against him in a promissory note action brought by First National Bank of Melbourne. The appellate court affirms, rejecting Lightsee's contentions that the trial court erred in denying his jury trial request and motion for conti
• Scott v. United States
  263 F.2d 398· 5th Cir.· 1959-02-18 ·cited 22×
  The court held that denying a continuance for an absent material witness, admitting highly prejudicial testimony, and refusing a relevant jury instruction constituted reversible error.
• Wells v. State
  364 So. 3d 1005· Fla.· 2023-04-13 ·cited 21×
  William E. Wells III, serving multiple life sentences for prior murders, was convicted of first-degree murder and sentenced to death for killing fellow inmate William Chapman in a premeditated, brutal attack. The Florida Supreme Court affirmed his conviction and death sentence, r
• Tetrault v. Fairchild
  799 So. 2d 226· Fla. 5th DCA· 2001-07-24 ·cited 21×
  A trial court abuses its discretion by allowing an expert witness to testify regarding matters materially different from the expert's disclosed role when such change is not properly disclosed prior to trial, as the opposing party is entitled to adequate notice and opportunity to
• Brandauer v. Publix Super Mkts., Inc.
  657 So. 2d 932· Fla. 2d DCA· 1995-07-07 ·cited 21×
  Brandauer appeals a summary judgment granted in favor of Publix in a slip-and-fall case. The court reversed, holding that summary judgment was entered prematurely because the plaintiff's discovery, including depositions of key Publix employees, had not yet been completed.
• United States v. Lussier
  929 F.2d 25· 1st Cir.· 1991-03-29 ·cited 21×·via Continuance Of Trial
  The court affirmed the conviction, holding that the defendant's various challenges to the proceedings, including claims regarding arrest jurisdiction, self-incrimination, nature of charges, counsel, continuance, jury information, witness sequestration, and exhibit exclusion, were
• Elliott v. Dugger
  542 So. 2d 392· Fla. 1st DCA· 1989-04-06 ·cited 21×
  The Elliotts appealed a summary judgment dismissing their lawsuit against the Department of Corrections Secretary for injuries sustained when Robert Elliott allegedly ingested AIDS-contaminated blood serum while working. The court reversed, finding genuine issues of material fact
• United States v. Hetherington
  279 F.2d 792· 7th Cir.· 1960-06-22 ·cited 21×
  A voluntary guilty plea, entered with understanding of the charges and consequences, waives all non-jurisdictional defects and bars withdrawal of the plea or vacation of the sentence. Sentences within statutory limits are not subject to appeal.
• United States v. Dontiez Pendergrass
  995 F.3d 858· 11th Cir.· 2021-04-22 ·cited 20×
  Dontiez Pendergrass was convicted of five counts of armed robbery and related firearm charges after law enforcement identified him as the perpetrator of a series of robberies in Georgia through distinctive patterns of evidence, including surveillance videos showing a left-handed
• In re Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators
  13 So. 3d 1025· Fla.· 2009-07-09 ·cited 20×·via Continuance Of Trial
  The Florida Supreme Court adopted a comprehensive set of civil procedure rules governing involuntary commitment proceedings for sexually violent predators under the Jimmy Ryce Act. The Court adopted most of the proposed rules with modifications while declining to adopt two rules,
• Amendments TO Fla. Rules OF Crim. Procedure 3.851
  797 So. 2d 1213· Fla.· 2001-07-12 ·cited 20×·via Continuance Of Hearing
  The Florida Supreme Court amended Rule 3.851 governing capital postconviction relief procedures to expedite death penalty cases while maintaining fairness and quality. The amendments establish new procedures for appointing counsel, conducting status conferences, and holding evide
• Sampley v. Attorney General OF North Carolina
  786 F.2d 610· 4th Cir.· 1986-03-10 ·cited 20×·via Continuance Of Trial
  The court held that a state trial court's denial of a continuance, which resulted in the defendant proceeding to trial without counsel, did not violate the Sixth Amendment because the defendant failed to demonstrate a lack of fair opportunity to secure counsel and the denial was
• Edward Leasing Corp. v. Uhlig & Assocs., Inc.
  785 F.2d 877· 11th Cir.· 1986-03-04 ·cited 20×
  The court affirmed the district court's judgment, finding no abuse of discretion in discovery rulings and no clear error in factual findings, including the allocation of 40% comparative negligence to the plaintiff.
• Stern v. Four Freedoms Nat'l Med. Servs.
  417 So. 2d 1085· Fla. 3d DCA· 1982-08-10 ·cited 20×
  The court held that the trial court did not abuse its discretion in denying the motion for continuance and affirming the dismissal because the motion lacked the required specificity under Rule 1.460 and the plaintiffs' attorney refused to proceed to trial.
• Bates v. The Honorable Richard B. Keating
  396 So. 2d 1172· Fla. 5th DCA· 1981-04-15 ·cited 20×
  Petitioner Bates sought a writ of prohibition to prevent the trial court from exercising further jurisdiction after his speedy trial time expired under Florida criminal procedure rules. The court granted the writ, holding that when a defendant's sixty-day speedy trial period expi
• United States v. Rothman
  567 F.2d 744· 7th Cir.· 1977-12-28 ·cited 20×
  The court held that the trial court did not err in denying a continuance, admitting evidence, or in its jury instructions, and that prosecutorial arguments did not violate defendants' rights.
• Nutt v. Black Hills Stage Lines, Inc.
  452 F.2d 480· 8th Cir.· 1971-12-22 ·cited 20×
  The court held that the trial judge did not abuse discretion in denying a continuance, as the circumstances did not clearly demonstrate prejudicial error in discovery.
• United States v. Sisk
  411 F.2d 1192· 6th Cir.· 1969-06-16 ·cited 20×
  The court held that the defendant was not denied his constitutional right to counsel during interrogation, nor was he denied effective assistance of counsel at trial.
• Sheppard v. Maxwell
  346 F.2d 707· 6th Cir.· 1965-05-05 ·cited 20×
  The Sixth Circuit Court of Appeals held that the district court improvidently granted Dr. Sheppard's habeas corpus petition and ordered his release. The court vacated the district court's order and remanded Dr. Sheppard to custody.
• Cash v. Culver
  120 So. 2d 590· Fla.· 1960-05-11 ·cited 20×
  Ray Cash sought habeas corpus relief from his 15-year burglary sentence, claiming he was denied due process by being refused a continuance to obtain private counsel after his court-appointed attorney withdrew on the eve of trial. The Florida Supreme Court held that while there is
• Jonas Henderson v. State
  90 So. 2d 447· Fla.· 1956-11-07 ·cited 20×
  Jonas Henderson was convicted of manslaughter resulting from culpably negligent operation of an automobile after driving 80-100 mph through a dangerous curve he knew to be treacherous, killing two passengers. The Florida Supreme Court affirmed his conviction, holding that excessi
• Cleo C. Wadsworth v. State
  136 Fla. 134· Fla.· 1939-01-20 ·cited 20×
  Cleo C. Wadsworth was convicted of murder for his role in shooting Ozzie O. Hurst during a planned confrontation. The Florida Supreme Court affirmed the conviction, rejecting Wadsworth's challenges to the trial court's denial of venue change, denial of continuance, and jury instr
• Manuel v. State
  Fla. 1st DCA· 2005-05-16 ·cited 19×
  Stephen Manuel was convicted of aggravated battery, but the Florida First District Court of Appeal reversed and remanded for a new trial because the trial court erroneously admitted the victim's hearsay statement to a police officer in violation of Crawford v. Washington's Confro
• Cheatham v. State
  346 So. 2d 1218· Fla. 3d DCA· 1977-05-24 ·cited 19×
  The court held that the trial court did not abuse its discretion in denying a continuance for sentencing and did not err in reinstructing the jury on specific charges without repeating reasonable doubt instructions.