1,645 Florida cases classified under this topic, plus 299 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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950 F.2d 1223·
6th Cir.·
1991-11-14
·cited 9×
The court affirmed all convictions and sentences, holding that while the warrantless entry into the Karenway apartment violated the Fourth Amendment, the subsequent search warrant was based on independent information, rendering the evidence admissible. Other challenges regarding
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930 F.2d 396·
5th Cir.·
1991-04-17
·cited 9×
The majority holds that the district court erred in suppressing evidence, applying the good faith exception to the exclusionary rule. The dissent argues that erroneous information generated by an officer's negligence cannot support a finding of reasonable suspicion or justify the
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926 F.2d 1564·
11th Cir.·
1991-03-22
·cited 9×
The court affirmed convictions, holding that a discovery violation was not prejudicial, comments on post-arrest silence were harmless error, and a deliberate ignorance instruction, though erroneous, was harmless due to overwhelming evidence of actual knowledge.
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918 F.2d 885·
10th Cir.·
1990-11-13
·cited 9×
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912 F.2d 707·
4th Cir.·
1990-08-28
·cited 9×
The court held that the officers' actions did not constitute a seizure under the Fourth Amendment because a reasonable person would have felt free to decline to answer questions or leave the bus.
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808 F.2d 779·
11th Cir.·
1987-01-23
·cited 9×
The court held that evidence obtained from an illegal search is admissible under the inevitable discovery exception if a private party's lawful conduct would have inevitably led to its discovery.
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722 F.2d 687·
11th Cir.·
1984-01-09
·cited 9×
The court held that the district court properly denied Kett's motion to vacate his sentence, as his claims regarding outrageous government conduct, ineffective assistance of counsel, and preclusion of an entrapment defense lacked merit.
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The appellate court reversed the trial court's denial of a motion to suppress, finding that police lacked reasonable suspicion to stop the appellant based on his actions at a motel.
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986 F.2d 1354·
10th Cir.·
1993-03-03
·cited 8×
The Sixth Amendment speedy trial right is not triggered by a prior state arrest or indictment; probable cause for arrest existed based on informant's tip confirmed by discovery of cocaine on a companion.
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981 F.2d 289·
7th Cir.·
1992-12-08
·cited 8×
The court held that the defendants' trial counsel did not provide ineffective assistance, as their actions were either reasonable tactical decisions or did not result in prejudice to the defendants' cases.
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The court held that admitting gang affiliation evidence as substantive proof of guilt was improper, and that the prosecution breached a plea agreement with a defendant.
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976 F.2d 1349·
10th Cir.·
1992-10-07
·cited 8×
The court held that the trial court did not abuse its discretion in admitting evidence of gang membership and prior drug dealings, denying motions for mistrial, and utilizing mass jury selection, and that sufficient evidence supported the conspiracy conviction.
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972 F.2d 1107·
9th Cir.·
1992-08-17
·cited 8×
The court held that the district court did not abuse its discretion in denying the motion to substitute counsel and that there was sufficient evidence for the jury to find the defendant was a member of the conspiracy and possessed cocaine. However, the court reversed in part, fin
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965 F.2d 436·
7th Cir.·
1992-06-11
·cited 8×
The court held that the search of the defendant's home was lawful despite the officers' failure to strictly adhere to the knock-and-announce rule, and that the admission of certain witness statements and evidence was not an abuse of discretion.
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965 F.2d 222·
7th Cir.·
1992-05-27
·cited 8×
The court held that the district court did not err in denying the defendant's motion for mistrial, applying the Sentencing Guidelines, denying a reduction for acceptance of responsibility, or including a 1970 conviction in the criminal history category.
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962 F.2d 1535·
10th Cir.·
1992-05-06
·cited 8×
The court held that the defendant's contentions lacked merit, except for the issue concerning the fine under the Federal Sentencing Guidelines, which the government conceded. The conviction is affirmed.
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957 F.2d 1238·
5th Cir.·
1992-04-01
·cited 8×
The court held that while the district court erred in admitting drug courier profile testimony and evidence of a marijuana cigarette, these errors were harmless due to overwhelming evidence of guilt.
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967 F.2d 1343·
9th Cir.·
1992-03-31
·cited 8×
The court held that there was sufficient evidence to convict the defendant of drug and firearm offenses, and that the mandatory statutory sentence did not violate the Eighth Amendment. However, the court also noted that only one consecutive sentence under § 924(c)(1) could be imp
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957 F.2d 465·
7th Cir.·
1992-03-10
·cited 8×
The court held that the district court did not err in denying the defendant's pretrial motions to dismiss the indictment, nor in refusing to provide a jury instruction defining 'reasonable doubt'.
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956 F.2d 1476·
8th Cir.·
1992-02-25
·cited 8×
The court held that the trial court erred in granting a judgment of acquittal on the conspiracy count, and that the evidence was sufficient to support the jury's verdicts on the drug possession and firearm charges.
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957 F.2d 559·
8th Cir.·
1992-02-21
·cited 8×
The court held that the encounters between the detectives and the defendants did not constitute Fourth Amendment seizures and that the searches were consensual or based on reasonable suspicion.
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951 F.2d 432·
1st Cir.·
1991-12-17
·cited 8×
The court held that the district court did not err in including the full amount of cocaine found in the defendant's possession for sentencing purposes, as it was permissible to infer the defendant's knowledge of all the drugs.
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949 F.2d 522·
1st Cir.·
1991-11-20
·cited 8×
The court affirmed the sentence enhancement for obstruction of justice and leadership role, finding no clear error in the district court's factual findings and application of the guidelines.
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946 F.2d 158·
1st Cir.·
1991-10-11
·cited 8×
The court held that a defendant's Sixth Amendment confrontation rights are not violated when a witness refuses to answer collateral questions on Fifth Amendment grounds, especially when the refusal itself can be used to impeach the witness's credibility.
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944 F.2d 959·
1st Cir.·
1991-09-10
·cited 8×
The court affirmed the convictions and sentences of all four defendants, finding no merit in their various challenges regarding speedy trial rights, suppression of evidence, jury bias, and sentencing enhancements.
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940 F.2d 300·
8th Cir.·
1991-07-25
·cited 8×
The court affirmed the conviction and sentence, finding no abuse of discretion in denying a continuance, no jurisdictional defect, and no error in admitting evidence.
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939 F.2d 721·
9th Cir.·
1991-07-18
·cited 8×
A defendant waives their right to appeal an in limine ruling on the admissibility of a prior conviction under Rule 609(a)(1) if they preemptively introduce that conviction during their own direct examination. Mandatory minimum sentence provisions in pre-existing statutes control
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935 F.2d 1518·
7th Cir.·
1991-07-08
·cited 8×
The court held that the encounter with the defendant was consensual and that there was reasonable suspicion to detain his luggage for a canine sniff, thus the motion to suppress was properly denied. The evidence was also sufficient to support the conviction.
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936 F.2d 387·
8th Cir.·
1991-06-25
·cited 8×
The court held that the district court did not err in calculating the defendant's sentence by attributing additional kilograms of cocaine based on wrappers and by applying a firearm enhancement despite a prior acquittal on a weapons charge.
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931 F.2d 16·
7th Cir.·
1991-04-29
·cited 8×
The court held that the district court did not err in applying a two-point enhancement for the defendant's supervisory role in drug distribution, as the evidence supported a conspiracy between the defendant and his wife.
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The court held that the evidence seized from the vehicle was admissible based on probable cause and that evidence of subsequent drug possession was admissible under Federal Rule of Evidence 404(b) to show intent. The court also held that the informant's testimony was not hearsay
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920 F.2d 1218·
5th Cir.·
1991-01-02
·cited 8×
The court held that the district court did not err in applying sentencing enhancements for possession of a dangerous weapon during the commission of the offense and for the defendant's leadership role, nor in denying a reduction for acceptance of responsibility.
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914 F.2d 1050·
8th Cir.·
1990-09-17
·cited 8×
The court held that the district court did not err in its Batson ruling, admitting evidence seized from a sub-let room, or in enhancing the sentence for firearm possession.
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913 F.2d 174·
4th Cir.·
1990-09-10
·cited 8×
The court held that the search warrant was supported by probable cause, the admission of expert testimony regarding drug courier profiles was error but harmless, and the defendant was not denied an opportunity to respond to objections to the pre-sentence report.
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912 F.2d 728·
4th Cir.·
1990-08-30
·cited 8×
The court held that a defendant's oral consent given in chambers, followed by silence in open court, can constitute a knowing and intelligent waiver of the right to a twelve-member jury under Rule 23(b).
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912 F.2d 246·
8th Cir.·
1990-08-22
·cited 8×
Sentencing a defendant for offense conduct known to the prosecution before trial but not charged in the indictment violates due process.
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906 F.2d 924·
2d Cir.·
1990-06-27
·cited 8×
The court held that the filing of a superseding indictment did not violate the Double Jeopardy Clause, and the district court did not abuse its discretion in denying the defendant's motion to withdraw his guilty pleas.
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903 F.2d 1219·
9th Cir.·
1990-04-30
·cited 8×
The court held that the defendant was not unlawfully seized and waived his right to appeal the ruling on the clothing demonstration by failing to testify.
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900 F.2d 43·
5th Cir.·
1990-04-18
·cited 8×
The court held that the tape recording of a conversation between the defendant and an informant may have been erroneously admitted because the record lacked evidence of consent to the interception, and this error was not harmless.
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901 F.2d 285·
2d Cir.·
1990-04-16
·cited 8×
The court held that the admission of a buy report was harmless error and that the defendant's failure to pay Texas court costs meant he was under a criminal justice sentence, justifying an enhancement under the Sentencing Guidelines.
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892 F.2d 735·
8th Cir.·
1989-12-22
·cited 8×
The court held that striking one of two black venirepersons, based solely on percentages, does not establish a prima facie case of racial discrimination under Batson, and that probable cause and consent for searches were validly established.
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891 F.2d 300·
D.C. Cir.·
1989-11-28
·cited 8×
The court held that the district judge failed to adequately explain his departure from the Federal Sentencing Guidelines, requiring a remand for resentencing. The supervised release sentence was affirmed.
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885 F.2d 1094·
3d Cir.·
1989-09-01
·cited 8×
The court held that the evidence was insufficient as a matter of law to prove the defendant knowingly participated in a conspiracy to transport illegal drugs.
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883 F.2d 515·
7th Cir.·
1989-08-16
·cited 8×
The court's use of 'slight evidence' or 'slight connection' language in conspiracy cases is problematic and should be reexamined or discarded in favor of clearer formulations.
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879 F.2d 1260·
5th Cir.·
1989-07-28
·cited 8×
The court affirmed the convictions, finding sufficient probable cause for arrest and search, admissible evidence, and adequate proof for conspiracy, possession, and Travel Act violations.
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877 F.2d 583·
7th Cir.·
1989-06-14
·cited 8×
The court held that redacted affidavits supporting warrants are permissible when necessary to protect informant safety, provided the remaining information establishes probable cause and the defendant is given adequate notice of redactions. The court also affirmed the admissibilit
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877 F.2d 825·
10th Cir.·
1989-06-12
·cited 8×
The court held that the district court did not err in refusing to give the jury an instruction on entrapment, nor in denying the motion for acquittal based on outrageous governmental conduct.
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873 F.2d 269·
11th Cir.·
1989-05-17
·cited 8×
The court held that the evidence was sufficient to support the jury's verdict against Hunter, and the detention of Cooper's luggage was reasonable under the Fourth Amendment.
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873 F.2d 205·
8th Cir.·
1989-04-27
·cited 8×
The court held that the warrantless search of the defendant's locked briefcase was lawful as a search incident to arrest, and the indictment for possession of a firearm by a felon was sufficient.