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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923 F.2d 621·
8th Cir.·
1991-01-17
·cited 6×
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922 F.2d 451·
8th Cir.·
1990-12-18
·cited 6×
The court held that the evidence presented was insufficient to prove beyond a reasonable doubt that the defendant knew he was transporting cocaine.
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920 F.2d 99·
1st Cir.·
1990-11-30
·cited 6×
The court affirmed the conviction, holding that the evidence was sufficient and that the jury instructions, viewed in totality, did not constitute reversible error, nor was there ineffective assistance of counsel.
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918 F.2d 745·
8th Cir.·
1990-11-08
·cited 6×
The court held that a district court may be influenced by the Sentencing Guidelines when imposing a pre-Guidelines sentence, provided the sentence is within statutory limits and not a gross abuse of discretion.
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918 F.2d 107·
10th Cir.·
1990-11-01
·cited 6×
The court held that the trial court abused its discretion in denying a mistrial because the prosecutor made unsubstantiated statements about a citizen's tip and cocaine purity during opening arguments, which prejudiced the defendant.
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Wilson appealed the denial of his motion to suppress evidence obtained during a pat-down search at a bar. The Fourth District Court of Appeal affirmed the denial, holding that the officer's observations of Wilson's furtive hand movements toward his waistband justified a brief inv
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911 F.2d 140·
8th Cir.·
1990-08-13
·cited 6×
The government failed to prove beyond a reasonable doubt that the defendant possessed drugs with the intent to distribute them.
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908 F.2d 209·
7th Cir.·
1990-07-26
·cited 6×
The court held that the police had probable cause to arrest Soto based on his suspicious driving and actions observing the drug transaction.
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908 F.2d 365·
8th Cir.·
1990-07-13
·cited 6×
The court held that the trial court did not err in departing upward from the Sentencing Guidelines based on the defendant's criminal history and that the defendant was not entitled to withdraw his guilty plea.
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907 F.2d 53·
8th Cir.·
1990-06-20
·cited 6×
The court held that the district court did not err in denying a Franks hearing and that the search warrant was supported by probable cause. The court also affirmed the application of the Sentencing Guidelines.
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905 F.2d 326·
10th Cir.·
1990-06-11
·cited 6×
The court affirmed the conviction for operating a continuing criminal enterprise (CCE), finding that the extradition and prosecution did not violate the doctrines of dual criminality or specialty, and that the indictment was sufficient.
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900 F.2d 1300·
8th Cir.·
1990-04-19
·cited 6×
The court's majority opinion erred in limiting the district judge's discretion regarding conditions of release for defendants involved in controlled drug transactions.
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894 F.2d 1345·
D.C. Cir.·
1990-01-19
·cited 6×
The dissenting judge would hold that the use of evidence obtained by a government agent after charges attached violated the defendant's Sixth Amendment right to counsel, requiring exclusion and a new trial.
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892 F.2d 972·
10th Cir.·
1989-12-27
·cited 6×
The court held that the warrantless search of the vehicle was constitutional because the initial stop, detention, and search were based on reasonable suspicion and voluntary consent.
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889 F.2d 1029·
11th Cir.·
1989-12-06
·cited 6×
Possession with intent to distribute narcotics constitutes a drug trafficking offense under 18 U.S.C.A. § 924(c)(1), and evidence was sufficient to convict a police officer of carrying a firearm during a drug trafficking crime.
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553 So. 2d 301·
Fla. 1st DCA·
1989-11-30
·cited 6×
An officer's warrantless search lacked probable cause where it rested solely on an uncorroborated anonymous tip identifying the suspect by name and describing a cocaine sale attempt moments earlier, combined with a five-month-old prior cocaine arrest. Under the totality of circum
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887 F.2d 1568·
11th Cir.·
1989-11-14
·cited 6×
The court held that the failure to file a supporting affidavit for a search warrant does not invalidate the warrant if other evidence establishes its existence and contents, and that a defendant must show prejudice to warrant reversal for failure to give a requested jury instruct
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The appellate court affirmed a conviction for possession of cocaine with intent to sell, holding that the circuit court had subject matter jurisdiction over the felony charge, regardless of the judge's specific authorization to preside.
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The court held that the evidence was legally obtained and the prosecutor's improper question about prior arrests was harmless error, thus affirming the conviction.
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877 F.2d 828·
10th Cir.·
1989-06-12
·cited 6×
The court affirmed the convictions and sentences, finding no reversible error in the jury's findings or the trial court's rulings.
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876 F.2d 655·
8th Cir.·
1989-06-02
·cited 6×
The court held that the defendant waived most of his claims by pleading guilty and that his remaining contentions were meritless.
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Charles Howard was convicted of third-degree felony murder and possession with intent to sell cocaine after his drug-dealing partner Anthony Sharp died from cocaine ingestion during a police traffic stop. The court affirmed, holding that Howard could be held liable for third-degr
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874 F.2d 378·
6th Cir.·
1989-05-12
·cited 6×
The court held that the defendants' convictions were not obtained in violation of the Federal Speedy Trial Act, as the delays were properly excluded or within statutory limits.
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874 F.2d 230·
5th Cir.·
1989-05-01
·cited 6×
The court held that the prosecutor's closing remarks, while potentially improper, did not constitute reversible error due to overwhelming evidence, and the jury instruction on the presumption of innocence was sufficient.
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873 F.2d 555·
2d Cir.·
1989-04-17
·cited 6×
The court held that the trial court's errors in granting the government an additional peremptory challenge and delaying a ruling on a motion for acquittal were harmless, and that the jury instructions on conspirator liability were proper.
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872 F.2d 202·
7th Cir.·
1989-04-13
·cited 6×
The court held that the defendants' knowing and voluntary waiver of their right to separate counsel, despite the trial court's expressed reservations, was effective, and joint representation did not constitute ineffective assistance of counsel.
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864 F.2d 494·
7th Cir.·
1988-12-15
·cited 6×
The court held that the defendant's challenges regarding the selective admission of wiretapped conversations, the accuracy of Spanish-to-English translations, and the jury's assessment of witness credibility were without merit.
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850 F.2d 464·
8th Cir.·
1988-07-05
·cited 6×
The court held that the defendant's arguments regarding entrapment, sufficiency of evidence for possession, and the government's witness list were without merit.
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839 F.2d 1020·
4th Cir.·
1988-02-22
·cited 6×
The court held that the evidence was sufficient to support the convictions and that the trial court did not abuse its discretion in its supplemental jury instructions.
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835 F.2d 1184·
6th Cir.·
1987-12-30
·cited 6×
The court held that the defendant's life sentence for a continuing criminal enterprise conviction was not so grossly disproportionate as to constitute cruel and unusual punishment under the Eighth Amendment.
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834 F.2d 1·
1st Cir.·
1987-11-17
·cited 6×
The Sixth Amendment right to counsel does not attach to unrelated crimes investigated before formal proceedings have begun for those crimes. Furthermore, prosecutorial questioning of a witness about another witness's credibility, if improper, does not warrant reversal if isolated
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829 F.2d 666·
8th Cir.·
1987-09-25
·cited 6×
The court held that the initial stop and subsequent pat-down search were justified under the Fourth Amendment, and that there was sufficient evidence to support the conviction for unlawful reentry.
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828 F.2d 46·
1st Cir.·
1987-09-02
·cited 6×
The court held that the admission of a co-conspirator's statement was proper and the evidence was sufficient to support the convictions.
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823 F.2d 867·
5th Cir.·
1987-07-29
·cited 6×
The court held that the circumstantial evidence was sufficient to support the jury's conclusion that the defendant knowingly participated in a conspiracy to possess cocaine with intent to distribute.
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823 F.2d 246·
8th Cir.·
1987-07-10
·cited 6×
The court held that the Speedy Trial Act was not violated by the government's dismissal and reindictment procedure, and that compelling the defendant to speak specific phrases for voice identification did not violate his Fifth Amendment rights.
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820 F.2d 279·
8th Cir.·
1987-06-08
·cited 6×
The court held that the district court did not err in refusing a coercion instruction and that any error in the jury instruction was harmless.
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819 F.2d 670·
6th Cir.·
1987-06-03
·cited 6×
The court held that the defendant was seized in violation of the Fourth Amendment because the officers lacked reasonable and articulable suspicion of criminal activity.
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815 F.2d 1150·
7th Cir.·
1987-04-14
·cited 6×
The court held that placing a foot in a partially opened doorway to prevent it from closing, after the occupant opened it in response to a ruse, does not constitute a violation of the "knock and announce" statute, 18 U.S.C. § 3109.
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805 F.2d 589·
5th Cir.·
1986-12-12
·cited 6×
The court affirmed the trial judge's grant of a new trial, finding no abuse of discretion in the judge's determination that admitting co-conspirator hearsay was an error that could not be cured by instruction.
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787 F.2d 1249·
8th Cir.·
1986-04-03
·cited 6×
The court held that the district court did not err in admitting the defendant's post-arrest statements and in refusing to sever the firearms charge.
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783 F.2d 1179·
4th Cir.·
1986-02-21
·cited 6×
A defendant cannot simultaneously deny committing the crime and assert the entrapment defense, and the trial court did not err in refusing to allow cross-examination about a witness's maximum potential sentence when that information was already ascertainable.
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778 F.2d 570·
10th Cir.·
1985-12-02
·cited 6×
The court held that evidence derived from a Canadian wiretap was admissible because the investigation was solely Canadian and did not shock the judicial conscience or involve American agents acting as Canadian agents. It also held that voice exemplars and hearsay statements ident
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777 F.2d 933·
4th Cir.·
1985-11-21
·cited 6×
The court held that the trial court did not err in refusing a lesser included offense instruction, admitting evidence of other acts, or denying the motion to dismiss the Travel Act count.
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771 F.2d 60·
2d Cir.·
1985-08-27
·cited 6×
The court held that the evidence was sufficient to sustain the conviction and that the exclusion of post-arrest hearsay statements and the giving of a missing-witness charge were not reversible errors.
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746 F.2d 401·
8th Cir.·
1984-10-09
·cited 6×
The court held that the district court did not err in denying the appellant's motions to suppress evidence, suppress an oral statement, deny individual voir dire, admit evidence of other crimes, or deny a continuance/mistrial for failure to disclose exculpatory evidence.
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742 F.2d 656·
1st Cir.·
1984-03-22
·cited 6×
The court held that an unauthorized seizure does not require exclusion of subsequently discovered items if their discovery is traceable to a lawful independent source not tainted by improper conduct.
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726 F.2d 1032·
5th Cir.·
1984-02-27
·cited 6×
The court held that the defendant's claims of grand jury abuse and entitlement to a new trial based on overturned prior convictions lacked merit.
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703 F.2d 1213·
10th Cir.·
1983-03-25
·cited 6×
The dissent argues that the drug courier profile is an unconstitutional basis for seizure and that the conviction should be reversed due to insufficient cause.
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673 F.2d 289·
10th Cir.·
1982-02-08
·cited 6×
The court held that the conviction on Count III, charging possession with intent to distribute a half-pound of cocaine, was valid as it represented the core of a single criminal transaction, and other counts were surplusage or improperly brought.