Motion To Dismiss Indictment

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

• Castle v. United States
  238 F.2d 131· 8th Cir.· 1956-11-16 ·cited 8×
  The court held that the evidence was sufficient to support the jury's verdict of conspiracy and overt acts, and that the appellant's challenges regarding the grand jury foreman and inadmissible evidence were without merit.
• Johns v. United States
  195 F.2d 77· 5th Cir.· 1952-03-18 ·cited 8×
  The court held that the evidence was insufficient to prove that the defendant Johns was a co-conspirator in the alleged conspiracy to possess, transport, and sell unstamped distilled spirits in Georgia, as his actions only showed he sold whisky wholesale.
• United States v. Burke
  856 F.2d 1492· 11th Cir.· 1988-10-07 ·cited 6×
  The court affirmed the district court's denial of motions to dismiss the indictment, finding no merit to claims of speedy trial violations, improper use of immunized testimony, or governmental misconduct.
• McCARVER v. State
  379 So. 2d 979· Fla. 5th DCA· 1980-01-16 ·cited 6×
  A juvenile defendant entered a guilty plea in juvenile court, which was later vacated by the court due to statutory constraints requiring a 14-day waiting period before adjudicatory hearings in capital/life felony cases. The defendant was subsequently indicted and entered a nolo
• United States v. Gallagher
  602 F.2d 1139· 3d Cir.· 1979-07-23 ·cited 6×
  The district court erred in dismissing the indictment based on its interpretation of prior appellate rulings and its own assessment of evidence sufficiency, as the indictment was facially valid and the court could not re-evaluate matters already decided on appeal.
• United States v. Whitted
  454 F.2d 642· 8th Cir.· 1972-01-24 ·cited 6×
  A district court lacks the power to dismiss an indictment after a jury has returned guilty verdicts, especially on grounds previously rejected before trial.
• VAN DEN Borre v. State
  596 So. 2d 687· Fla. 4th DCA· 1992-01-29 ·cited 4×
  Van Den Borre, a Belgian diplomat, was convicted of two murders and challenged his convictions on grounds of diplomatic immunity and involuntary confession. The court affirmed his convictions, holding that the Belgian Government validly waived his diplomatic immunity through dipl
• United States v. Randahl
  712 F.2d 1274· 8th Cir.· 1983-08-01 ·cited 4×
  The court held that the district court is not obligated to approve a negotiated plea agreement, and therefore the appeal from the denial of the motion to dismiss the indictment is frivolous.
• State v. Delbert Lee Tibbs
  370 So. 2d 386· Fla. 2d DCA· 1979-03-28 ·cited 4×
  The Florida Supreme Court had previously reversed Tibbs' rape and murder conviction and remanded for a new trial. On remand, the trial court dismissed the indictment, concluding retrial would violate double jeopardy. The appellate court reversed, holding that because the Florida
• United States v. Stribling
  469 F.2d 443· 6th Cir.· 1972-10-24 ·cited 4×
  The court held that the defendant's constitutional right to a speedy trial was not violated, nor was there an unnecessary delay under Rule 48(b), as the delays were primarily caused by the defendant's requests for continuances.
• United States v. Crusco
  464 F.2d 1060· 3d Cir.· 1972-07-11 ·cited 4×
  The denial of an order to show cause seeking injunctive relief, which directed parties to proceed by motion, is not an appealable order under 28 U.S.C. § 1292(a)(1).
• United States v. P.H.E., Inc.
  965 F.2d 848· 10th Cir.· 1992-05-26 ·cited 2×
  The denial of a motion to dismiss a grand jury indictment based on prosecutorial vindictiveness is not immediately appealable under the collateral order exception to the final judgment rule.
• United States v. Duran De Amesquita
  582 F. Supp. 1326· S.D. Fla.· 1984-10-25 ·cited 2×
  The court held that the defendants failed to establish a prima facie case for constitutional violations in jury selection, denying their motions to dismiss the indictments.
• United States v. Hashagen
  716 F.2d 1454· 5th Cir.· 1983-10-14 ·cited 2×
  The court held that the interlocutory ruling of a magistrate denying a motion to dismiss an indictment is not a final appealable order under 28 U.S.C. § 1291.
• State v. Lisak
  409 So. 2d 1149· Fla. 2d DCA· 1982-02-12 ·cited 2×
  The State appeals a trial court order dismissing a life felony indictment against a juvenile and transferring the case to juvenile division based on double jeopardy, arguing the juvenile court lacked jurisdiction to conduct an adjudicatory hearing during the statutory 21-day peri
• United States v. Hamling
  525 F.2d 758· 9th Cir.· 1975-11-04 ·cited 2×
  The court affirmed the denial of appellants' motions for a new trial, dismissal of the indictment, and modification or suspension of sentences.
• United States ex rel. Allen Rosenberg v. United States Dist. Court for E. Dist. of Pa. Appeal of Kenneth Paull
  460 F.2d 1233· 3d Cir.· 1972-05-05 ·cited 2×
  The court held that an appeal from an order denying a motion to dismiss an indictment is not final and appealable, and that petitioners out on bail awaiting trial are not in federal custody for purposes of a § 2255 habeas petition.
• United States v. Collins
  426 F.2d 765· 5th Cir.· 1970-04-27 ·cited 2×
• Palazzi v. State
  307 So. 3d 998· Fla. 1st DCA· 2020-11-30 ·cited 1×
  The appellate court denied a petition for certiorari, finding that the trial court did not err in denying a motion to dismiss a first-degree murder indictment. The defendant argued he was entitled to immunity from prosecution based on his compelled testimony and alleged promises
• United States v. San Pedro
  781 F. Supp. 761· S.D. Fla.· 1991-12-27 ·cited 1×
  The court held that the defendant's motion to dismiss the indictment should be granted because the government breached the plea agreement by prosecuting him after he cooperated and provided truthful testimony.
• Tresvant v. State
  370 So. 2d 89· Fla. 3d DCA· 1979-05-01 ·cited 1×
  The court held that the trial court erred in denying the motion to dismiss the conspiracy count, reversing the conviction on that charge.
• v. ID Nos. 2106004632
  Del. Super. Ct.· 2022-12-05
  The Court denied the defendant's Motion to Dismiss Indictment, Motion to Suppress Evidence Derived from the Illegal Stop June 8, 2021 Arrest Franks Challenge/Reverse-Franks, and Motion to Suppress Improperly Formed, Constitutionally Defective Arrest Warrants. Rulings on the defen
• United States v. Beckett
  544 F. Supp. 2d 1346· S.D. Fla.· 2008-03-12
  The district court affirmed the magistrate judge's report and recommendation, denying the defendant's motions to dismiss the indictment and suppress evidence.
• Evenson v. Hartford Life & Annuity Ins.
  188 F. Supp. 86· M.D. Fla.· 2007-09-28
• 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.
• United States v. Greenpeace, Inc.
  314 F. Supp. 2d 1252· S.D. Fla.· 2004-04-15
  The court denied in part and deferred in part Greenpeace's motion to dismiss the indictment, finding that the scope of 18 U.S.C. § 2279 presented factual questions for trial, and granted Greenpeace a jury trial as a matter of judicial discretion.
• United States v. Rojas
  801 F. Supp. 644· S.D. Fla.· 1992-06-13
  The court held that the defendants' motions to dismiss the indictment and suppress evidence should be denied because the United States had proper jurisdiction and consent to board, search, and seize the vessel and its contents, and the searches of the cabins were lawful.
• United States v. Cuervelo
  949 F.2d 559· 2d Cir.· 1991-11-14
  The court held that the defendant's allegations of outrageous governmental conduct, including a sexual relationship with a federal agent, warranted a remand for an evidentiary hearing to determine the facts and whether due process was violated.
• United States v. Rockwell Int'l Corp.
  924 F.2d 928· 9th Cir.· 1991-01-31
  The court held that the Department of Defense's decision to admit a contractor into the Voluntary Disclosure Program is unreviewable by the judiciary because the program's criteria are subjective and not judicially enforceable.
• Zabalo v. State
  513 So. 2d 701· Fla. 3d DCA· 1987-09-08
  The appellate court denied the petitioner's request for review of the trial court's order denying his motion to dismiss the indictment, finding no departure from the essential requirements of law.
• Abbott v. State
  438 So. 2d 1025· Fla. 1st DCA· 1983-10-13
  Peter Abbott appealed a grand theft conviction entered via nolo contendere plea, challenging the indictment as tainted by use of information he provided to the FBI under a grant of immunity in violation of the Fifth Amendment. The appellate court affirmed, finding the state had s
• United States v. Hebel
  668 F.2d 995· 8th Cir.· 1982-01-22
  Taxpayers cannot rely on a long-abandoned IRS voluntary disclosure policy to insulate themselves from criminal prosecution for tax violations, even if they voluntarily disclose and rectify past errors.
• United States v. Butts
  514 F. Supp. 1225· M.D. Fla.· 1981-05-22
  The court held that the defendant failed to show a substantial failure to comply with the Jury Selection and Service Act, as the alleged procedural irregularities did not affect the randomness or objectivity of the jury selection process.
• Wilber Ambrose v. State
  397 So. 2d 380· Fla. 1st DCA· 1981-04-21
• State v. Bryant
  48 Fla. Supp. 70· Palm Beach Cty. Cir. Ct.· 1978-09-18
  In a first-degree murder case, the Palm Beach County Circuit Court denied the defendant's motion to dismiss the indictment and quash the jury panel on constitutional grounds, rejecting her argument that Florida's jury selection statute (§ 40.01(1)) systematically excluded blacks,
• State v. McArthur
  39 Fla. Supp. 189· Okeechobee Cty. Cir. Ct.· 1973-10-15
  The trial court dismissed a first-degree murder indictment against Nadean McArthur because the state failed to provide a court reporter or stenographer at the grand jury proceedings. The court held that while Florida law appears permissive regarding court reporter presence, the p
• United States v. Castillo
  434 F.2d 249· 5th Cir.· 1970-11-04
  The court held that the defendant received a fair trial and that there was sufficient evidence to sustain the conviction.
• United States v. Lemuel Mont
  299 F.2d 575· 2d Cir.· 1962-02-21