Motion For Severance

308 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Martin v. State
  717 So. 2d 462· Fla.· 1998-06-11 ·cited 189×
  Pablo San Martin was convicted of first-degree murder of a police officer during a bank robbery and sentenced to death. The Florida Supreme Court affirmed his convictions but vacated the death sentence because the trial judge improperly overrode the jury's recommendation of life
• Emelio Suarez v. State
  95 Fla. 42· Fla.· 1928-01-12 ·cited 171×
  Emelio Suarez, Benigno Suarez, and Charles Naya were convicted of larceny and receiving stolen property and sentenced to five years imprisonment. The Florida Supreme Court reversed, finding that the trial court erred in denying the Suarez brothers' motion for severance and in adm
• United States v. Hyde
  448 F.2d 815· 5th Cir.· 1971-06-23 ·cited 165×
• United States v. Baxter
  492 F.2d 150· 9th Cir.· 1973-02-16 ·cited 156×
  The court held that the evidence was sufficient to establish the existence of an over-all narcotics conspiracy and the participation of each of the eight defendants, and that the trial court did not err in denying their motions for severance.
• United States v. Echeles
  352 F.2d 892· 7th Cir.· 1965-09-02 ·cited 144×
  The denial of a motion for a separate trial was an abuse of discretion, requiring reversal and remand for a new trial.
• United States v. Wilson
  500 F.2d 715· 5th Cir.· 1974-09-18 ·cited 132×
  The court affirmed the convictions, finding no merit in the appellants' arguments regarding statutory vagueness, severance, admission of evidence, prosecutorial misconduct, or insufficiency of evidence.
• United States v. Williams
  604 F.2d 1102· 8th Cir.· 1979-08-21 ·cited 124×
  The court held that the trial court did not err in admitting coconspirator statements after finding sufficient independent evidence of conspiracy and did not abuse its discretion in refusing to poll the jury regarding prejudicial publicity unrelated to the defendants.
• United States v. Hewitt
  663 F.2d 1381· 11th Cir.· 1981-12-18 ·cited 122×
  The court held that the evidence was sufficient to convict Chesser of aiding and abetting the use of an explosive to commit a felony, and that Chesser's double jeopardy claim based on a prior acquittal was meritless. The court also found no reversible error in the denial of a con
• United States v. Natividad Ocanas
  628 F.2d 353· 5th Cir.· 1980-10-14 ·cited 120×
  The court held that the superseding indictment was valid, the evidence was sufficient, and the trial court did not err in admitting testimony or denying severance, thus affirming the convictions.
• Smith v. United States
  385 F.2d 34· 5th Cir.· 1967-11-08 ·cited 116×
  The court held that the warrantless search was based on probable cause, and the denial of motions for severance and mistrial was not an abuse of discretion.
• United States v. Becker
  569 F.2d 951· 5th Cir.· 1978-03-20 ·cited 114×
  The court held that the evidence was sufficient to support the jury's verdict of a single conspiracy to defraud and the convictions on substantive counts, rejecting claims of fatal variance and severance errors.
• United States v. Hunter Brooks Brashier
  548 F.2d 1315· 9th Cir.· 1976-12-29 ·cited 114×
  The court affirmed the convictions, finding no reversible error in the trial court's rulings on joinder, admissibility of evidence, jury instructions, or denial of a new trial.
• Blachly v. United States
  380 F.2d 665· 5th Cir.· 1967-07-11 ·cited 113×
  The court held that a referral selling plan involving misrepresentations about the nature of obligations and the impossibility of earning promised commissions constitutes mail fraud, and the mailing of promotional letters is an essential part of the scheme.
• United States v. Joyce
  499 F.2d 9· 7th Cir.· 1974-05-09 ·cited 109×
  The court affirmed convictions for some defendants on certain counts, while the dissenting judge argued for reversal on others due to insufficient evidence of mailing or scheme participation.
• Sawyer v. State
  94 Fla. 60· Fla.· 1927-06-29 ·cited 108×
  Jack Sawyer was convicted of breaking and entering in Hillsborough County criminal court of record on an information signed by the assistant solicitor. The Florida Supreme Court affirmed, holding that prosecution by information (rather than grand jury indictment) is constitutiona
• United States v. Brooklier
  685 F.2d 1208· 9th Cir.· 1982-09-03 ·cited 106×
  The court affirmed convictions for RICO and Hobbs Act violations, holding that double jeopardy, vindictive prosecution, and evidentiary challenges did not warrant reversal.
• United States v. Brim
  630 F.2d 1307· 8th Cir.· 1980-10-08 ·cited 106×
  The court held that the defendant waived his severance claim by not renewing it, and even if not waived, severance was not warranted due to lack of prejudice. The court also held that sufficient evidence supported the conviction and the trial was timely under the Speedy Trial Act
• Smithers v. State
  826 So. 2d 916· Fla.· 2002-05-16 ·cited 102×
  Samuel Smithers was convicted of two first-degree murders of prostitutes and sentenced to death. The Florida Supreme Court affirmed the convictions and death sentences, finding that the trial court properly denied motions to sever the charges and suppress the confession, and that
• United States v. Lyon
  397 F.2d 505· 7th Cir.· 1968-06-27 ·cited 98×
  The court should have reversed and remanded the conviction of appellant Lysczyk due to a defective search warrant affidavit.
• United States v. Bullock
  451 F.2d 884· 5th Cir.· 1971-11-08 ·cited 95×
  The court affirmed Rodriguez's convictions on all counts, but reversed Bullock's conviction on Count Three due to insufficient evidence of interstate transportation.
• United States v. Bell
  457 F.2d 1231· 5th Cir.· 1972-03-23 ·cited 94×
  The court held that a district judge erred in gratuitously granting a new trial, but the defendant waived the right to challenge this by not appealing. The court also held that Aguilar/Spinelli requirements do not apply to eyewitnesses and that a search of a yard incident to arre
• Cwach v. United States
  212 F.2d 520· 8th Cir.· 1954-04-29 ·cited 94×
  The court held that the admission of impeaching evidence regarding protection money payments was erroneous but not prejudicial, and that other assignments of error lacked merit.
• United States v. Madison
  689 F.2d 1300· 7th Cir.· 1982-09-28 ·cited 92×
  The court held that the trial court did not err in denying Best's motion to sever, denying Best's motion to suppress his confession, or in admitting Best's confession, and that Madison's Sixth Amendment rights were not violated by the admission of Best's statement.
• August Tom Rizzo v. United States
  304 F.2d 810· 8th Cir.· 1962-06-26 ·cited 92×
  The court held that the trial court did not abuse its discretion in denying motions for separate trials, continuances, or mistrials based on pretrial publicity, and that jurors are presumed to follow instructions regarding media consumption.
• United States v. Liefer
  778 F.2d 1236· 7th Cir.· 1985-12-04 ·cited 90×
  The court held that evidence of prior bad acts is admissible under Fed.R.Evid. 404(b) to prove specific intent, an essential element of the crime, even if the defendant denies committing the act itself. The court also held that prosecutorial misconduct and the denial of a lesser
• United States v. Shuford
  454 F.2d 772· 4th Cir.· 1971-12-23 ·cited 86×
  The denial of a motion to sever was not an abuse of discretion, as the trial court offered sufficient protection to prevent prejudice to the defendant seeking severance.
• United States v. Hines
  455 F.2d 1317· D.C. Cir.· 1971-11-01 ·cited 84×
  The court held that a co-defendant's comment on the appellant's silence violated the appellant's Fifth Amendment rights, and that police notes potentially containing verbatim witness statements should be considered under the Jencks Act.
• Dobbert v. State
  328 So. 2d 433· Fla.· 1976-01-14 ·cited 80×
  Ernest John Dobbert Jr. was convicted of first-degree murder of his 9-year-old daughter, second-degree murder of his 7-year-old son, child torture, and child abuse. The Florida Supreme Court affirmed the death sentence imposed by the trial court, finding no reversible error despi
• United States v. Miles Dearden, Jr.
  546 F.2d 622· 5th Cir.· 1977-02-03 ·cited 79×
  The court held that the trial court did not abuse its discretion in denying motions to sever, denying deposition requests due to delay, and that comments on the defense's failure to counter evidence were permissible. Convictions were affirmed.
• United States v. Nixon
  918 F.2d 895· 11th Cir.· 1990-12-07 ·cited 78×
  The court affirmed convictions and sentences for most defendants, but vacated and remanded for resentencing for some, finding no error in wiretap evidence, transcript use, or most evidentiary rulings, but remanding for resentencing consistent with guidelines.
• Victorino v. State
  23 So. 3d 87· Fla.· 2009-11-25 ·cited 76×
  Troy Victorino was convicted of six counts of first-degree murder and sentenced to death for four of those murders in connection with a brutal home invasion and killing spree in August 2004. The Florida Supreme Court upheld his convictions and death sentences, rejecting constitut
• United States v. Schroeder
  433 F.2d 846· 8th Cir.· 1970-10-07 ·cited 72×
  The court held that admitting testimony about a conversation, even if erroneous, was harmless error given the witness's lack of clear recollection and the jury instruction to disregard it; and that severance was not required as evidence was admissible against defendants in a join
• United States v. Glasgow
  658 F.2d 1036· 5th Cir.· 1981-10-13 ·cited 71×
  The court held that the evidence was insufficient to support the conspiracy and marijuana possession convictions for both appellants, but affirmed Glasgow's cocaine possession conviction.
• United States v. Singer
  660 F.2d 1295· 8th Cir.· 1981-10-05 ·cited 70×
  The court affirmed the convictions, holding that while the admission of a ten-year-old prior conviction was an abuse of discretion, it was harmless error, and that the denial of motions for acquittal and severance was proper.
• United States v. Marable
  574 F.2d 224· 5th Cir.· 1978-05-30 ·cited 70×
  The court held that the evidence was sufficient to convict Marable of heroin conspiracy and that the trial court did not err in denying severance or excluding testimony.
• United States v. Rubiel Marin-Cifuentes
  866 F.2d 988· 8th Cir.· 1989-01-19 ·cited 68×
  The court affirmed the convictions and sentences, finding no error in the admission of evidence, sufficiency of evidence, denial of severance, or sentencing.
• Rankin v. State
  143 So. 2d 193· Fla.· 1962-06-27 ·cited 68×
  Four men were convicted of first-degree murder by strangling Calvin Cook in a prison cell. The Florida Supreme Court reversed the conviction, finding that the trial court committed reversible error by allowing the prosecution to introduce details of a prior witness statement thro
• Hall v. State
  119 Fla. 38· Fla.· 1935-04-05 ·cited 65×
  This case reviews the denial of a criminal defendant's right to closing argument. The appellate court found that while the right exists, the defendants failed to properly preserve the issue for appeal by not taking an exception at the time of the ruling. However, due to the unrel
• Williams v. State
  69 So. 2d 766· Fla.· 1953-12-08 ·cited 64×
  Robert Williams was convicted of lottery offenses and appealed his sentences. The Florida Supreme Court found it lacked jurisdiction over misdemeanor counts and vacated those sentences, ordering a single sentence for the highest degree felony offense.
• Dupree v. State
  705 So. 2d 90· Fla. 4th DCA· 1998-01-07 ·cited 63×
  Marvin Dupree was convicted of multiple cocaine possession, sale, and trafficking counts based on four separate controlled drug transactions occurring between March and June 1995. The Fourth District Court of Appeal reversed, finding that the trial court abused its discretion in
• United States v. Rogers
  921 F.2d 975· 10th Cir.· 1990-03-26 ·cited 63×
  The court held that Miranda warnings are not required for routine post-conviction presentence interviews, and that delays caused by speedy trial motions are excludable under the Speedy Trial Act.
• United States v. Arbelaez
  719 F.2d 1453· 9th Cir.· 1983-11-10 ·cited 63×
  The court held that the evidence was sufficient to prove a single conspiracy and that the admission of coconspirator statements and the denial of severance motions were proper.
• United States v. Kendall
  665 F.2d 126· 7th Cir.· 1981-11-23 ·cited 63×
  The court held that statements made by members of an association, even if they could not be charged as co-conspirators under the Hobbs Act, were admissible under Federal Rule of Evidence 801(d)(2)(E) as statements made in furtherance of a joint venture, provided the trial court m
• Fernandez v. United States
  329 F.2d 899· 9th Cir.· 1964-03-26 ·cited 63×
  The court held that the trial court did not err in denying motions for mistrial, severance, or in admitting certain evidence, but reversed convictions on the conspiracy count due to insufficient evidence.
• Edelmira Chacon v. State
  102 So. 2d 578· Fla.· 1957-06-19 ·cited 63×
  The Florida Supreme Court reversed convictions for lottery law violations where the search warrant was issued on an insufficient affidavit relying on undisclosed confidential informant information, and where arrests of two defendants were made without lawful justification based s
• United States v. Basil Miller
  513 F.2d 791· 5th Cir.· 1975-06-02 ·cited 62×
  The court held that the evidence was sufficient to support the conviction and that the trial court did not abuse its discretion in denying motions for acquittal, severance, and continuance.
• Roberts v. State
  164 So. 2d 817· Fla.· 1964-03-06 ·cited 62×
  John Henry Roberts and John Alfred Adderley were convicted of first degree murder for killing a grocery store owner during a robbery. The Florida Supreme Court affirmed their convictions and death sentences, rejecting numerous challenges to the admission of confessions, ballistic
• Saavedra v. State
  576 So. 2d 953· Fla. 1st DCA· 1991-04-04 ·cited 59×
  Tommy Saavedra was convicted of burglary, armed kidnapping, and three counts of sexual battery for breaking into a neighbor's home and assaulting a 12-year-old girl. On appeal, he challenged the validity of his convictions and sentences on multiple grounds, including double jeopa
• United States v. Figueroa-Paz
  468 F.2d 1055· 9th Cir.· 1972-10-20 ·cited 58×
  The court held that the denial of the appellant's motions to sever and for acquittal was not prejudicial error, and the wife's testimony was properly admitted, leading to an affirmation of the conviction.
• Reddick v. State
  190 So. 2d 340· Fla. 2d DCA· 1966-08-10 ·cited 58×
  William Reddick was convicted of first-degree murder and sentenced to death after pleading guilty. The court reversed and remanded because Reddick's guilty plea was induced by coercion and misapprehension—specifically, the trial judge improperly orchestrated a commitment from the