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

• Kimbrough v. State
  352 So. 2d 925· Fla. 1st DCA· 1977-12-06 ·cited 16×
  Kimbrough was convicted of battery and false imprisonment after his guilty plea was vacated at sentencing and he was forced to trial with a substitute public defender who had no knowledge of the case and was unprepared to represent him. The court reversed and remanded for a new t
• United States v. Paulton
  540 F.2d 886· 8th Cir.· 1976-07-30 ·cited 16×
  The court held that the defendant's conviction for nine violations of 26 U.S.C. § 7215(a) was supported by substantial evidence, and that the trial court did not abuse its discretion in denying a continuance or in its evidentiary rulings and sentencing.
• United States v. Diaz
  535 F.2d 130· 1st Cir.· 1976-05-05 ·cited 16×
  The court held that the defendant was not denied his right to a speedy trial, that electronic monitoring of a conversation with a government informant did not violate the Fourth Amendment, and that the government was not obligated to produce an unavailable informant at trial.
• United States v. Burden
  497 F.2d 385· 8th Cir.· 1974-06-13 ·cited 16×
  The court held that the trial court did not abuse its discretion in denying the motion for continuance and admitting expert testimony.
• Shadid v. The Okla. City
  494 F.2d 1267· 10th Cir.· 1974-04-15 ·cited 16×
  The court held that the appellant was barred by res judicata from re-litigating issues already decided in state courts and that the district court properly exercised its discretion regarding intervention and denial of continuance.
• United States v. Carbristo Collins
  435 F.2d 698· 7th Cir.· 1970-11-13 ·cited 16×
  The court held that the district court did not abuse its discretion in denying the defendant's second motion for a continuance, and thus the defendant was not denied effective assistance of counsel.
• Sellers v. Lamont Smith
  412 F.2d 1002· 5th Cir.· 1969-06-09 ·cited 16×
  The court held that the denial of a continuance, the admission of incriminatory statements, and the failure to hold a separate voluntariness hearing were not grounds for habeas corpus relief.
• Carroll Lee Smith v. United States
  413 F.2d 975· 10th Cir.· 1969-05-20 ·cited 16×
  The court held that the trial court did not abuse its discretion in denying a continuance and that other claims were not properly raised or lacked merit.
• Ziegler v. State
  95 Fla. 108· Fla.· 1928-02-01 ·cited 16×
  The Florida Supreme Court reversed a conviction for embezzlement, finding that the trial court erred in its jury instructions and in admitting certain business records as evidence. The court emphasized that embezzlement is a statutory crime and the jury instructions improperly cr
• Sanford v. State
  90 Fla. 337· Fla.· 1925-10-16 ·cited 16×
  Charles Sanford was charged with murder in the second degree but convicted of manslaughter after shooting a man during an arrest attempt. The Florida Supreme Court affirmed the conviction, rejecting multiple assignments of error regarding jury selection, continuance denial, and j
• Gass v. State
  44 Fla. 70· Fla.· 1902-01-01 ·cited 16×
  This case reviews a murder conviction where the defendant appealed based on the denial of a continuance, the refusal of jury instructions, and the admission of a confession. The appellate court affirmed the conviction, finding no abuse of discretion in the trial court's rulings.
• Jenkins v. State
  872 So. 2d 388· Fla. 4th DCA· 2004-04-28 ·cited 15×
  Marvin Jenkins was convicted of two counts of sexual battery, but the appellate court reversed his conviction and remanded for a new trial because the trial court abused its discretion by denying his request for a continuance to allow two defense witnesses to testify that the vic
• State v. Mordechy Cohen
  662 So. 2d 430· Fla. 3d DCA· 1995-11-08 ·cited 15×
  A trial court abuses its discretion by sua sponte dismissing criminal charges in response to the State's request for a continuance when viable alternatives exist.
• Arango v. Alvarez
  585 So. 2d 1131· Fla. 3d DCA· 1991-09-17 ·cited 15×
  A trial court does not abuse its discretion in entering a default judgment against pro se litigants for willful failure to appear at a calendar call, particularly where the litigants have demonstrated a pattern of disobeying earlier court orders. However, attorney's fees must be
• United States v. Delbert W. Wadsworth and Kurt W. Wadsworth
  830 F.2d 1500· 9th Cir.· 1987-10-22 ·cited 15×
  The court held that a defendant's pattern of disruptive and dilatory behavior can constitute a constructive waiver of the right to counsel, and that a defendant's eleventh-hour motion to replace counsel without sufficient cause can be denied.
• United States v. Massell
  823 F.2d 1503· 11th Cir.· 1987-08-07 ·cited 15×
  The court held that the denial of the motion to suppress was proper because the appellant had standing and consented to the search, and the search was a lawful border search. The court also held that the denial of the motion to admit the co-defendant's guilty plea and the denial
• Payton Health Care Facilities, Inc. v. Est. OF Morris Hugo Campbell
  497 So. 2d 1233· Fla. 2d DCA· 1986-07-30 ·cited 15×
  Payton Health Care Facilities and Southeastern Health Care appealed a jury verdict awarding compensatory and punitive damages in a wrongful death action arising from alleged negligent care of a nursing home patient who died from infected decubitus ulcers. The appellate court affi
• McMILLIAN v. State
  411 So. 2d 1372· Fla. 5th DCA· 1982-04-07 ·cited 15×
  Appellant challenged denial of post-conviction relief under Florida Rule of Criminal Procedure 3.850, alleging ineffective assistance of counsel. The trial court summarily denied the petition, but the appellate court reversed, holding that a hearing must be held to determine whet
• Yesbick v. State
  408 So. 2d 1083· Fla. 4th DCA· 1982-01-20 ·cited 15×
  Tommy Yesbick appeals his conviction for cocaine and methequalone possession following a police search of a duplex in Pompano Beach. The Fourth District Court of Appeal affirmed the conviction and two consecutive five-year sentences, rejecting claims that the judge was biased, th
• Fuller v. Rinebolt
  382 So. 2d 1239· Fla. 4th DCA· 1980-03-26 ·cited 15×
  In this automobile accident negligence case, appellants challenged a jury verdict finding them 100% negligent and awarding damages to the appellee. The Florida appellate court affirmed the judgment, rejecting appellants' cumulative error argument by finding no reversible errors i
• Elliot Wayne White v. Estelle
  566 F.2d 500· 5th Cir.· 1978-01-17 ·cited 15×
  The court held that the federal habeas court erred in finding that the defendant or his counsel were misled or victims of administrative mistake regarding the trial setting.
• United States v. Smith
  548 F.2d 545· 5th Cir.· 1977-03-10 ·cited 15×
  The court held that the trial court did not abuse its discretion in denying the defendant's motions for continuance, failing to instruct the jury on duress or intoxication, denying the motion for acquittal, or denying the motion for mistrial due to prosecutorial misconduct.
• Zide v. State
  212 So. 2d 788· Fla. 3d DCA· 1968-07-23 ·cited 15×
  Bernard Martin Zide was convicted by jury of two counts of unlawfully obtaining narcotic drugs (paregoric) by using false identification on two separate occasions in July 1967. On appeal, Zide challenged the denial of his continuance motion, certain witness testimony, prosecutori
• Boyd v. State
  33 Fla. 316· Fla.· 1894-01-01 ·cited 15×
  John Boyd was convicted of feloniously changing the marks on a steer belonging to William Worley with intent to claim the animal and prevent identification. On appeal, Boyd challenged the trial court's refusal to order the state to pay witness fees and its denial of a continuance
• Smith v. State
  213 So. 3d 722· Fla.· 2017-03-16 ·cited 14×·via Motion To Continue
  Corey Smith, convicted of multiple murders in connection with a Miami drug enterprise, appealed the denial of his Rule 3.851 postconviction motion and filed a habeas petition. The Florida Supreme Court affirmed the denial of most postconviction claims but vacated Smith's death se
• LEE v. LEE
  751 So. 2d 741· Fla. 1st DCA· 2000-02-21 ·cited 14×
  In a marital dissolution appeal, the Florida First District Court of Appeal affirmed the trial court's denial of a continuance motion and the award of the marital home as lump sum alimony, but reversed and remanded regarding the imputation of income to the husband, finding the tr
• Harris v. State
  742 So. 2d 835· Fla. 2d DCA· 1999-09-10 ·cited 14×
  Robert Harris appeals his convictions for four counts of lewd and lascivious assault on a child under sixteen, raising issues regarding jury instructions, counsel discharge, and prosecutorial comments. The District Court of Appeal affirmed all convictions, finding no reversible e
• Martin v. State
  501 So. 2d 1313· Fla. 1st DCA· 1986-12-23 ·cited 14×
  Ella Nora Martin appeals the denial of her post-conviction motion for ineffective assistance of counsel, claiming her trial attorney Pafford failed to object to prosecutorial comments about her silence and failed to investigate various defense theories. The appellate court revers
• In re McBEE v. W. Tex. Wholesale Supply Co.
  714 F.2d 1316· 5th Cir.· 1983-09-22 ·cited 14×
  A UCC financing statement filed under a trade name is effective against a bankruptcy trustee if it is not 'seriously misleading' to a reasonably diligent subsequent creditor, and a non-complying bulk sale does not extinguish the transferor's creditors' security interests.
• S. Cal. Funding, Inc. v. Hutto
  438 So. 2d 426· Fla. 1st DCA· 1983-09-13 ·cited 14×
  Southern California Funding sued attorney Bill Hutto and Wewahitchka State Bank for fraud, negligence, and conspiracy after a loan transaction went bad. The trial court granted summary judgment for both defendants, and the appellate court affirmed, finding no genuine issues of ma
• United States v. Clements
  713 F.2d 1030· 4th Cir.· 1983-07-28 ·cited 14×
  The court held that the introduction of evidence was harmless error and that knowledge of an indictment is not necessary for a knowing and intentional waiver of the right to counsel.
• United States v. Jens Roger Olson
  697 F.2d 273· 8th Cir.· 1983-01-14 ·cited 14×
  The court held that the trial court did not abuse its discretion in denying the appellant's motion for a continuance.
• Levis Leon Aldridge v. State
  425 So. 2d 1132· Fla.· 1982-12-22 ·cited 14×
  Levis Aldridge appealed the denial of his Rule 3.850 motion challenging his death sentence on grounds of ineffective assistance of counsel. The Florida Supreme Court affirmed the trial court's finding that Aldridge received reasonably effective assistance of counsel, rejecting hi
• State v. Buster Dean Brown
  412 So. 2d 448· Fla. 5th DCA· 1982-04-14 ·cited 14×
  A defense request to postpone a trial, regardless of its label, constitutes a motion for continuance that waives speedy trial rule rights.
• United States v. Hensel
  672 F.2d 578· 6th Cir.· 1982-03-16 ·cited 14×
  The court held that the defendant lacked standing to contest the warrantless search of the stolen truck because he had no legitimate expectation of privacy in it.
• United States v. Minwer A. Badwan
  624 F.2d 1228· 4th Cir.· 1980-06-26 ·cited 14×
  The district court abused its discretion in denying the requested continuance, leading to inadequate preparation time for the defense.
• State v. Harmon Eugene Register
  380 So. 2d 543· Fla. 5th DCA· 1980-02-27 ·cited 14×
  The State appealed the trial court's discharge of a defendant based on speedy trial violations. The court held that when a defendant moves for a continuance, he waives the procedural 180-day speedy trial rule and must be evaluated under the constitutional speedy trial standard, r
• United States v. Geders
  566 F.2d 1227· 5th Cir.· 1978-01-31 ·cited 14×
• United States v. Savell
  546 F.2d 43· 5th Cir.· 1977-01-26 ·cited 14×
  The court held that the defendant's statements were either voluntarily made and thus admissible, or any error in admission was harmless beyond a reasonable doubt, and that the trial court did not abuse its discretion in denying a continuance.
• Anderson v. State
  314 So. 2d 803· Fla. 3d DCA· 1975-06-10 ·cited 14×
  The court held that denying the defendants' motion for a continuance, which prevented them from adequately preparing for trial after a key witness's deposition was taken the night before, constituted reversible error by restricting effective cross-examination.
• Epperson v. United States
  490 F.2d 98· 7th Cir.· 1973-12-14 ·cited 14×
  The court held that while government counsel's closing argument was in bad taste, it did not constitute prejudicial error denying the plaintiff a fair trial, especially given the lack of timely objections.
• Riggins v. State
  283 So. 2d 878· Fla. 1st DCA· 1973-10-18 ·cited 14×
  Joyce Riggins appeals her conviction for second-degree murder and 15-year sentence, raising three points of error regarding denial of continuance motions and other trial court rulings. The appellate court affirms the conviction, finding no abuse of discretion by the trial court a
• United States v. Adolfo Troadio Sanchez
  459 F.2d 100· 2d Cir.· 1972-05-02 ·cited 14×
  The court held that the trial judge did not err in denying the defendant's motion for a continuance or a new trial based on the potential testimony of a co-defendant.
• United States v. Hamilton
  452 F.2d 472· 8th Cir.· 1971-12-20 ·cited 14×
  The court held that the appellants' claims of prosecutorial misconduct, insufficient evidence, and discovery errors lacked merit, and that the evidence of guilt was overwhelming.
• United States v. Blassick
  422 F.2d 652· 7th Cir.· 1970-02-10 ·cited 14×·via Continuance Rulings
  The court held that a prosecutor's comment on a defendant's silence, while improper, was harmless beyond a reasonable doubt given defense counsel's prior remarks and the court's curative instructions. The court also held that a warrantless search of a locker was permissible under
• Taft Douglas, Jr. v. State
  216 So. 2d 82· Fla. 3d DCA· 1968-11-26 ·cited 14×
  Taft Douglas, Jr. appealed his conviction for breaking and entering a dwelling with intent to commit felony larceny, arguing that the trial court abused its discretion by denying his request for a continuance when his newly appointed public defender had insufficient time to prepa
• Cummings v. United States
  398 F.2d 377· 8th Cir.· 1968-07-24 ·cited 14×
  The court held that the trial court did not err in refusing to grant a continuance, in admitting the defendant's statements, or in its jury instructions, and that sufficient evidence supported the conviction.
• Bryant Williams Bowles, Jr. v. The State OF Tex.
  366 F.2d 734· 5th Cir.· 1966-09-19 ·cited 14×
  The court held that the sheriff's contact with the jury, the prosecution's alleged suppression of evidence, and the denial of a continuance did not violate the appellant's constitutional rights.
• Landon v. Butler
  351 F.2d 14· 8th Cir.· 1965-09-16 ·cited 14×
  The court held that the trial court did not commit prejudicial error regarding jury selection, cross-examination of the appellant, remarks to a witness, or a prosecutor's misstatement of evidence, and that the evidence for Count III was sufficient.
• Jacques v. State
  86 Fla. 137· Fla.· 1923-07-11 ·cited 14×
  The Florida Supreme Court affirmed a conviction for grand larceny, holding that the trial court did not abuse its discretion in denying the defendant's motion for a continuance. The court found that the proposed testimony regarding the defendant's character and the alleged victim