Oath Administration

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

• Youngker v. State
  215 So. 2d 318· Fla. 4th DCA· 1968-10-25 ·cited 59×
  Harold Youngker, Sr., a building contractor, was convicted of perjury, embezzlement, and grand larceny arising from construction loan fraud. The Florida District Court of Appeal reversed the perjury and larceny convictions due to insufficient evidence, affirmed the false pretense
• Markey v. State
  47 Fla. 38· Fla.· 1904-01-01 ·cited 42×
  George L. Markey was convicted of perjury for allegedly swearing falsely in his divorce proceeding that he had been a resident of Florida for two years, when he had actually lived in Georgia. The Florida Supreme Court reversed and remanded for a new trial, finding error in exclud
• Wilds v. State
  79 Fla. 575· Fla.· 1920-04-24 ·cited 37×
  T.B. Wilds was convicted of perjury for false testimony allegedly given before a special master in a divorce proceeding. Wilds appealed arguing the divorce proceeding was void because a decree pro confesso was entered prematurely, rendering the special master's appointment unauth
• United States v. Devitt
  499 F.2d 135· 7th Cir.· 1974-07-02 ·cited 35×
  The court held that a defendant prosecuted for making false material declarations before a grand jury is not protected from prosecution by the fact that their testimony may have been compelled under threat of disciplinary action, as the Fifth Amendment does not grant a right to l
• Fields v. State
  94 Fla. 490· Fla.· 1927-08-01 ·cited 34×
  Annie Fields was convicted of perjury for allegedly committing false testimony in the trial of Monroe Cheatan. The Florida Supreme Court affirmed her conviction, rejecting all six assignments of error and finding the evidence of willful, material false testimony sufficiently esta
• United States v. Flores-Rodriguez
  237 F.2d 405· 2d Cir.· 1956-10-01 ·cited 32×
  The concurring judge agrees with the majority's primary reason for the decision, which is that the defendant knowingly failed to disclose a prior conviction for a crime involving moral turpitude.
• Elton Ray Barnes v. United States
  378 F.2d 646· 5th Cir.· 1967-05-09 ·cited 26×
  The court held that the appellant's testimony regarding the possession of a gun and money order was material to the issue of the legality of his arrest and was given under oath, thus affirming his perjury conviction.
• Fudge v. State
  57 Fla. 7· Fla.· 1909-01-01 ·cited 25×
  Phillip Fudge was convicted of perjury for testifying falsely in a trial against Albert Cooper. The Florida Supreme Court reversed the conviction, holding that the indictment for perjury was fatally defective because it failed to provide a proper "assignment of perjury"—a specifi
• STANDARD JURY INSTRUCTIONS IN CRIM. CASES-SUBMISSION 2001-1
  824 So. 2d 881· Fla.· 2002-05-09 ·cited 18×
  The Florida Supreme Court approved standard jury instructions for criminal cases with amendments proposed by the Supreme Court Committee on Standard Jury Instructions, including revisions to grand jury instructions and instructions on child abuse offenses. The Court made three sp
• McCOY v. State
  338 So. 2d 52· Fla. 4th DCA· 1976-09-17 ·cited 16×
  Linda McCoy was convicted of perjury based on contradictory statements allegedly made under oath. The appellate court reversed, holding that only one of McCoy's statements was validly sworn (before the state attorney), while the second statement to police officers was not made un
• Crockett v. Casssels
  116 So. 865· Fla.· 1928-05-01 ·cited 16×
  The court held that depositions were inadmissible because the commissioners who administered the oaths to the witnesses had not first taken their own oaths of office. This failure to qualify rendered the witnesses incompetent to testify via deposition.
• NIX v. State
  173 So. 2d 465· Fla. 1st DCA· 1965-04-01 ·cited 10×
  G.E. Nix was convicted of perjury for allegedly submitting a false affidavit to obtain a search warrant and for giving false testimony in a subsequent prosecution. The First District Court of Appeal affirmed the conviction, rejecting Nix's arguments that the State failed to prove
• Petite v. United States
  262 F.2d 788· 4th Cir.· 1959-01-05 ·cited 10×
  The court held that the defendant's conviction for subornation of perjury was valid, as the deportation hearings were legally authorized and the evidence sufficiently proved the elements of the crime, and that the prior Pennsylvania proceedings did not constitute double jeopardy.
• State v. Coleman
  122 Fla. 368· Fla.· 1936-01-13 ·cited 10×
  The court reversed a habeas corpus judgment that remanded a petitioner to custody. The petitioner was charged with perjury for statements made to a State Attorney during an investigation, but the court found she was not lawfully required to testify before the State Attorney as sh
• Placide v. State
  189 So. 3d 810· Fla. 4th DCA· 2015-04-08 ·cited 8×
  The court held that an untimely and successive motion for postconviction relief based on an inherently incredible and improperly sworn affidavit, which could have been discovered with due diligence, was properly denied.
• Machinist's Mate Second Class Ronald W. Johnson v. Chafee
  469 F.2d 1216· 9th Cir.· 1972-11-27 ·cited 8×
  The court held that a formal defect in administering the oath for an enlistment extension agreement, where the oath was sworn before a warrant officer instead of a commissioned officer, did not invalidate the agreement, especially when the servicemember received benefits and the
• State v. Mandell
  599 So. 2d 1383· Fla. 4th DCA· 1992-06-03 ·cited 6×
  Florida appealed the dismissal of a drug possession charge against Mandell, challenging the trial court's ruling that an information charging her with drug crimes was invalid because the oath was not administered by a notary public. The Fourth District reversed, holding that an o
• Alba v. State
  541 So. 2d 747· Fla. 3d DCA· 1989-04-11 ·cited 6×
  Defendant Alba was convicted of conspiracy to traffic cocaine with a firearm, armed robbery, and related charges based on an Information that was signed by the Assistant State Attorney but never sworn to, violating Florida criminal procedure requirements. The appellate court reve
• E-Z Serve Convenience Stores, Inc. v. Luthene C. Paul
  720 So. 2d 301· Fla. 1st DCA· 1998-11-10 ·cited 5×
  The court held that the judge of compensation claims erred in receiving telephonic testimony that did not meet procedural requirements for administering the oath, and this error was not harmless.
• In re Amendments to Florida Rules of Civil Procedure
  346 So. 3d 1105· Fla.· 2022-07-14 ·cited 3×
  The Florida Supreme Court adopted permanent and expanded amendments to multiple Florida court procedure rules authorizing remote participation in court proceedings through communication technology, implemented effective October 1, 2022. The amendments, developed by a COVID-19 con
• Brown v. State
  101 So. 3d 381· Fla. 1st DCA· 2012-10-26 ·cited 3×
  Florida appellate court reversed a sexually violent predator civil commitment annual review because the trial court improperly allowed expert testimony via telephone without a notary present to administer the oath, and this error was not harmless where the expert's testimony was
• Willmont Austin Morgan v. State
  603 So. 2d 142· Fla. 2d DCA· 1992-08-21 ·cited 2×
  The court held that the denial of a defendant's right to exercise peremptory challenges before the jury is sworn constitutes reversible error, even when part of an experimental jury selection project.
• Tonje v. People of Puerto RICO
  187 F.2d 1020· 1st Cir.· 1951-03-14 ·cited 2×
  The court held that the questions regarding the ceremonies required for an oath and a judge's territorial jurisdiction to administer it are matters of local Puerto Rican law, not substantial federal questions.
• Tyson v. DHSMV
  15th Cir. Ct. App. Div.· 2012-04-04
  Petitioner challenged the suspension of his driver's license for DUI, arguing that the Probable Cause Affidavit was defective because the attestor's signature lacked indication of his title or capacity. The court held that minor technical defects in an affidavit do not render it
• L.M. and his wife v. In re the Matter of the Adoption OF J.A.M.L.
  23 So. 3d 837· Fla. 3d DCA· 2009-12-08
  L.M. and A.L. sought to adopt a foreign-born child and challenged the trial court's dismissal of their adoption petition on the ground that the birth mother's consent lacked a required U.S. consular official's acknowledgment. The Florida appellate court granted the petition, quas
• State v. Hartung
  543 So. 2d 236· Fla. 5th DCA· 1989-03-02
  The Florida Fifth District Court of Appeal addresses whether a state attorney must personally hear witness testimony to sign an information charging a felony. The court holds that the state attorney need not personally hear the testimony, and may instead rely on sworn testimony p
• United States v. White
  364 F.2d 486· 4th Cir.· 1966-07-22
  The court held that the record provided a sufficient basis to conclude the oath was not administered by an interloper, despite the defendant's challenge to the identity of the administrator.