Motion For Severance

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

• Solari v. Zublin Chile Ingenieria Y Construcciones
  987 So. 2d 161· Fla. 3d DCA· 2008-07-16 ·cited 2×
  The Forsyth Group appealed the trial court's denial of their motion to dismiss based on forum non conveniens and their motion to sever claims against TotalBank in a fraud case involving alleged theft from a Chilean corporation. The appellate court affirmed, holding that the trial
• Miller v. State
  694 So. 2d 884· Fla. 2d DCA· 1997-06-13 ·cited 2×
  The trial court erred in denying the appellant's motion for discharge on the delivery of cocaine charge because the state failed to establish exceptional circumstances to extend the speedy trial period or justify denying severance.
• Causey v. State
  636 So. 2d 62· Fla. 2d DCA· 1994-03-16 ·cited 2×
  James Stacey Causey appealed the denial of his motion for postconviction relief, claiming his trial attorney was ineffective for failing to file a pretrial motion to sever his trial from codefendants. The court reversed and remanded because the trial court's order relied on insuf
• United States v. Armendariz
  922 F.2d 602· 10th Cir.· 1990-12-28 ·cited 2×
  The court affirmed the denial of a mistrial, finding the district court properly conducted a Remmer hearing and that defendants failed to show actual prejudice from juror contact. It also affirmed the denial of suppression for wiretap evidence and the denial of severance.
• United States v. Serian
  895 F.2d 432· 8th Cir.· 1990-01-16 ·cited 2×
  The court held that the admission of prior similar acts evidence was proper under Federal Rule of Evidence 404(b) to show intent and plan, and that sufficient evidence supported the fraud convictions.
• United States v. Nunez
  877 F.2d 1475· 10th Cir.· 1989-06-20 ·cited 2×
• Arocha v. State
  425 So. 2d 186· Fla. 3d DCA· 1983-01-18 ·cited 2×
  Appellant Arocha and a codefendant were convicted of second-degree murder after a joint trial. Arocha appealed arguing the trial court should have declared a mistrial due to alleged breach of a pretrial stipulation, that his right to remain silent was violated, and that the evide
• United States v. Minshew
  686 F.2d 250· 5th Cir.· 1982-09-02 ·cited 2×
  The court held that Minshew waived his contentions regarding a continuance and severance by failing to preserve them for review and by gambling on a favorable verdict. The court also found a jury instruction on consciousness of guilt harmless as to Minshew.
• Davis v. State
  349 So. 2d 205· Fla. 1st DCA· 1977-07-29 ·cited 2×
  Davis was tried jointly with a co-defendant whose incriminating statement was admitted at trial despite referencing Davis and being hearsay against him. The court rejected Davis's mid-trial motion for severance, holding that the trial court did not abuse its discretion in refusin
• United States v. Bonds
  526 F.2d 331· 5th Cir.· 1976-01-23 ·cited 2×
  The court held that the defendant's conviction for causing the interstate transportation of falsely made and forged securities was supported by sufficient evidence and that no reversible error occurred regarding the admission of evidence or the denial of pre-trial motions.
• United States v. Winfred Wade Payne
  529 F.2d 1353· 8th Cir.· 1976-01-20 ·cited 2×
• Smith v. State
  238 So. 2d 120· Fla. 3d DCA· 1970-06-23 ·cited 2×
  Gerald Wayne Smith appealed his conviction for conspiracy to commit robbery, raising multiple procedural and evidentiary issues. The Florida District Court of Appeal affirmed the conviction, finding no reversible error in the trial court's rulings on evidence, jury instructions,
• United States v. Coleman
  272 F.2d 108· 2d Cir.· 1959-12-03 ·cited 2×
  The court held that the defendants' convictions for tax evasion were supported by sufficient evidence and that the trial court did not err in its procedural rulings.
• Black v. Dixon
  N.D. Fla.· 2024-10-25
  The court held that the petitioner is not entitled to federal habeas corpus relief because the state court's decision regarding the Bruton violation was not contrary to or an unreasonable application of federal law, and the ineffective assistance of counsel claim also fails under
• Romero-Rodriguez v. Sec'y, Dep't of Corr. (Pinellas County)
  M.D. Fla.· 2024-06-05
  The court held that the state court's denial of the motion to suppress and the ineffective assistance of counsel claims were not unreasonable under AEDPA.
• Williams v. Fla. Dep't of Corr.
  S.D. Fla.· 2023-01-20
  The court held that the petitioner's claims of ineffective assistance of counsel lacked merit and were not contrary to or an unreasonable application of federal law.
• Giridharan v. U.S. Citizenship & Immigr. Servs.
  M.D. Fla.· 2021-09-29
  The court held that it was appropriate to sever each plaintiff's claim and transfer it to the federal district court covering the USCIS service center or field office where the plaintiff's application is pending, as this served the convenience of the parties, witnesses, and the i
• Silva v. Vici Mktg., LLC
  M.D. Fla.· 2020-07-17
  The Court denied the United States' motion to sever non-party petitions because severing the petitions after rulings and appeals would not enhance judicial efficiency.
• Avery Lamont Goss v. State
  Fla. 1st DCA· 2020-07-13
  The appellate court affirmed a conviction for multiple felonies, including sexual battery, affirming the trial court's decision to deny a motion to sever the trial. The court held that the codefendant's statement, which implicated the appellant, was admissible as an adoptive admi
• Vinas v. State
  Fla. 3d DCA· 2020-01-22
  The appellate court affirmed a defendant's convictions for selling heroin near a school. The defendant argued the trial court wrongly denied his motion to sever one count due to stronger evidence, but the court found the offenses were connected and any error was harmless.
• Plaintiff v. Ryle
  Del. Super. Ct.· 2019-06-27
  The Court recommended denial of the defendant's motion for postconviction relief, finding that neither his appellate nor trial counsel provided ineffective assistance. The Court also found that the defendant's sentence was not improperly enhanced and that his claims lacked merit.
• Kwame Fernanders v. State
  268 So. 3d 941· Fla. 1st DCA· 2019-04-22
  Kwame Fernanders was convicted of home invasion robbery with a firearm, kidnapping, false imprisonment, and grand theft following a joint trial with co-defendant Quintae Edwards. On appeal, Fernanders challenged the trial court's denial of a motion to sever their trials, arguing
• Plaintiff v. Rosser
  Del. Super. Ct.· 2018-11-26
  The court affirmed the denial of the defendant's motion for postconviction relief, finding that his claims of ineffective assistance of counsel were without merit. The court also granted the motion to withdraw filed by the defendant's postconviction counsel.
• Oehling v. State
  109 So. 3d 1199· Fla. 3d DCA· 2013-03-27
  The Florida District Court of Appeal affirmed a conviction for possession of a firearm by a convicted felon but reversed a conviction for possession of a controlled substance. The court found that the defendant failed to preserve a Confrontation Clause issue regarding a surrogate
• Winer
  Del.· 2008-06-10
  The Superior Court did not err in denying the defendant's motion for a judgment of acquittal, as sufficient circumstantial evidence existed for a rational trier of fact to conclude beyond a reasonable doubt that the defendant intentionally started the fire. Furthermore, the court
• United States v. Hassoun
  477 F. Supp. 2d 1210· S.D. Fla.· 2007-03-12
  The court denied the motion to dismiss the falsity counts (Counts 5-11) and granted the motion to sever these counts for separate trial.
• Thompson v. State
  926 So. 2d 462· Fla. 1st DCA· 2006-04-18
  Jeffrey Thompson appealed the summary denial of his postconviction motion alleging ineffective assistance of counsel. The court affirmed his second claim but reversed and remanded his first and third claims regarding counsel's failure to move to sever his trial from his co-defend
• Moore v. State
  870 So. 2d 74· Fla. 2d DCA· 2003-11-14
  Moore appeals the summary denial of his postconviction ineffective assistance of counsel claim based on trial counsel's failure to seek severance from codefendants. The court reverses and remands the severance claim as not conclusively refuted by the record, while affirming denia
• In & for New Castle Cnty.
  Del. Super. Ct.· 2002-01-31
  The court denied the defendant's motion for postconviction relief, finding that several claims were procedurally barred under Rule 61(i)(4) as they had been previously adjudicated on direct appeal. The remaining claims of ineffective assistance of counsel were found to be without
• Calderon v. State
  745 So. 2d 535· Fla. 3d DCA· 1999-12-08
  Pedro Calderon and Pedro Verdura appealed their convictions, challenging the trial court's denial of their motions to sever their joint trial. The court affirmed the convictions but vacated Calderon's violent career criminal sentence because the trial court mistakenly believed th
• Wilson v. State
  696 So. 2d 957· Fla. 1st DCA· 1997-07-16
  Michael Wilson appealed the denial of his postconviction motion for ineffective assistance of counsel under Florida Rule of Criminal Procedure 3.850. The appellate court affirmed the denial of his severance claim but reversed the rejection of his ineffective assistance claim rega
• United States v. Restrepo
  994 F.2d 173· 5th Cir.· 1993-06-17
  The court affirmed the convictions, holding that circumstantial evidence, including witness testimony, packaging, and financial transactions, was sufficient for a jury to find the substance was cocaine beyond a reasonable doubt. The court also found that the Confrontation Clause
• United States v. Taren-Palma
  997 F.2d 525· 9th Cir.· 1993-06-10
  The court held that admitting expert testimony regarding the defendant's firearm possession during a simple drug transaction was reversible error due to undue prejudice.
• United States v. Lincoln
  992 F.2d 356· D.C. Cir.· 1993-05-14
  The court affirmed the appellants' drug convictions and sentences, finding no error in the denial of their motions to suppress evidence, sever trials, suppress statements, or in the sentencing classification.
• United States v. Akers
  987 F.2d 507· 8th Cir.· 1993-03-02
  The court held that sufficient evidence supported the convictions and that the district court did not err in denying motions for acquittal, severance, or in its evidentiary rulings and jury instructions.
• United States v. Brantley
  986 F.2d 379· 10th Cir.· 1993-02-17
  The court held that the district court did not err in refusing to disclose the identity of a confidential informant, denying a motion to sever, or in making upward adjustments to the defendant's sentence.
• United States v. Daphney Henderson-Durand
  985 F.2d 970· 8th Cir.· 1993-02-12
  The court affirmed the convictions and sentences, holding that Arnold waived his claim of outrageous government conduct by failing to raise it pretrial, and that the jury's rejection of the coercion defense was supported by sufficient evidence.
• United States v. Cobb
  975 F.2d 152· 5th Cir.· 1992-10-05
  The court held that the district court did not err in accepting the prosecutor's race-neutral explanations for peremptory strikes, in authorizing a warrantless search under a Texas statute, in dismissing an indictment without prejudice under the Speedy Trial Act, or in denying a
• United States v. Robin Rene Warner (90-3753)
  971 F.2d 1189· 6th Cir.· 1992-07-27
  The court held that the evidence was sufficient to sustain the convictions of all defendants and that the trial court did not err in denying motions for severance or in its conduct during the trial.
• Williams v. State
  600 So. 2d 540· Fla. 1st DCA· 1992-06-17
  The court held that consolidating trials on the date of trial, without allowing reasonable preparation time, denies due process rights and is prejudicial.
• Donado v. State
  560 So. 2d 1281· Fla. 3d DCA· 1990-04-24
  Jesus Hernando Donado appeals his conviction and sentence for trafficking in cocaine. The Florida District Court of Appeal affirms the conviction, upholding the trial court's denial of Donado's suppression motion, rejection of his mistrial arguments regarding improper closing sta
• United States v. Cadwell
  864 F.2d 71· 8th Cir.· 1988-12-20
  The court held that the district court did not err in denying motions for severance or suppression, and that sufficient evidence supported the convictions.
• United States v. Wood
  851 F.2d 185· 8th Cir.· 1988-06-29
  The court held that the trial court did not err in denying a pretrial hearing for conspiracy determination and that the denial of a petition for remission of seized property is not subject to judicial review.
• United States v. Cantu
  786 F.2d 712· 5th Cir.· 1986-04-09
  The court held that joint representation did not deny effective assistance of counsel because there was no conflict of interest and the petitioners knowingly waived any potential conflict.
• State v. DEL RIO
  483 So. 2d 478· Fla. 3d DCA· 1986-02-11
• Shiver v. State
  417 So. 2d 1140· Fla. 5th DCA· 1982-08-11
  The appellate court reviewed convictions for attempted trafficking in cannabis, focusing on whether the trial court erred in denying a co-defendant's counsel leave to withdraw due to a conflict of interest.
• Huff v. State
  409 So. 2d 144· Fla. 2d DCA· 1982-01-27
  The court held that the trial court abused its discretion by denying the motion to sever the trial when the codefendant's testimony against the appellant was only revealed after the trial commenced.
• United States v. Kelly
  569 F.2d 927· 5th Cir.· 1978-03-20
  The court held that the evidence was sufficient to support the conviction under 18 U.S.C. § 2314, and that the trial court did not err in its rulings on jury instructions, continuances, severance, attorney-client privilege, or mistrials.
• Bradley v. State
  310 So. 2d 323· Fla. 3d DCA· 1975-04-01
  The denial of a motion for severance will not be disturbed on appeal unless a clear abuse of discretion is shown, and the movant must demonstrate prejudice to receive a fair trial.
• United States v. Ellsworth William White
  482 F.2d 485· 4th Cir.· 1973-08-01
  The court held that the denial of a motion for a lineup did not require suppression of identification testimony, and that the denial of a motion for a new trial based on contradictory after-discovered evidence was not an abuse of discretion.