Preliminary Hearing Testimony

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

• Lynch v. State
  293 So. 2d 44· Fla.· 1974-03-13 ·cited 664×
  Steven Lynch challenged his attempted rape conviction, arguing the trial court erred in denying his motion for judgment of acquittal and in admitting certain identification and hearsay evidence. The Florida Supreme Court held that sufficient evidence supported the conviction with
• Learie Leo Alford v. State
  307 So. 2d 433· Fla.· 1975-01-29 ·cited 115×
  Alford was convicted of rape and murder of a 13-year-old child and sentenced to death. The Florida Supreme Court upheld the conviction and death sentence, reaffirming the constitutionality of Florida's murder statute and capital punishment procedures against Furman v. Georgia cha
• Simmons v. State
  139 Fla. 645· Fla.· 1939-08-01 ·cited 98×
  William Simmons was convicted of rape and sentenced to life imprisonment. The Florida Supreme Court reversed and remanded for a new trial, holding that the State Attorney's comments calling attention to the defendant's failure to testify at preliminary proceedings and at trial vi
• Gov't of the Virgin Islands v. Vidal Galdon Aquino
  378 F.2d 540· 3d Cir.· 1967-05-19 ·cited 65×
  The court held that a statement obtained from a suspect in custody, after he requested counsel and before he had an opportunity to consult one, is inadmissible under Escobedo. The court also held that prior testimony of an unavailable witness, subjected to cross-examination, is a
• Morasso v. State
  74 Fla. 269· Fla.· 1917-11-02 ·cited 42×
  The appellate court affirmed the conviction of V. A. Morasso for dealing in liquor without a license. The court found no reversible error in the trial court's rulings on evidence and witness testimony, upholding the conviction based on the evidence presented.
• Burns v. Clusen
  798 F.2d 931· 7th Cir.· 1986-08-04 ·cited 36×
  The court held that while the state may have failed to adequately prove witness unavailability, the admission of preliminary hearing testimony was harmless error due to the circumstances of the case.
• United States ex rel. Melvin Haywood v. Wolff
  658 F.2d 455· 7th Cir.· 1981-08-18 ·cited 32×
  The dissenting judge would affirm the district court's judgment, disagreeing with the majority's conclusion that unreliable witness testimony was admissible.
• Phillips v. Wyrick
  558 F.2d 489· 8th Cir.· 1977-07-20 ·cited 32×
  The court held that the introduction of preliminary hearing testimony through a prosecutor's testimony was permissible under the confrontation clause exception when the witness invoked the Fifth Amendment privilege, and an evidentiary hearing was not required.
• United States v. Lynch
  499 F.2d 1011· D.C. Cir.· 1974-05-07 ·cited 25×
  The court held that the trial court did not err in determining the witness was unavailable, and therefore the admission of her prior testimony was proper.
• Holt v. Wyrick
  649 F.2d 543· 8th Cir.· 1981-05-14 ·cited 23×
  The court held that the admission of preliminary hearing testimony and the use of information from tape recordings, even if obtained unconstitutionally, were harmless errors beyond a reasonable doubt, and that the retrial after a mistrial due to jury deadlock did not violate doub
• Morrow v. Wyrick
  646 F.2d 1229· 8th Cir.· 1981-04-10 ·cited 20×
  The court held that the introduction of preliminary hearing testimony from an unavailable witness, who was subject to cross-examination, is constitutionally permissible under the Confrontation Clause, and that other alleged errors were matters of state law not rising to constitut
• James v. State
  254 So. 2d 838· Fla. 1st DCA· 1971-12-02 ·cited 10×
  Roosevelt James was convicted of first-degree murder based partly on testimony from a witness who died before trial. The Florida District Court of Appeal affirmed the admission of a transcript of the witness's preliminary hearing testimony, holding that preliminary hearing testim
• United States v. J.W. Fairman and Tyrone C. Fahner
  712 F.2d 315· 7th Cir.· 1983-07-20 ·cited 8×
  The United States Constitution does not require a state to admit hearsay evidence from an unavailable witness, even if made under oath and subject to an unused opportunity for cross-examination, if other indicia of reliability are lacking.
• Dorman v. State
  48 Fla. 18· Fla.· 1904-06-01 ·cited 8×
  This case reviews a conviction for manslaughter where the defendant argued the trial court erred in denying a continuance, discharging a sworn juror, and excluding a deposition. The appellate court affirmed the conviction, finding no abuse of discretion in the trial court's rulin
• Dres v. Campoy
  784 F.2d 996· 9th Cir.· 1986-03-13 ·cited 6×
  The court held that the admission of preliminary hearing testimony violated the Confrontation Clause because the prosecution failed to demonstrate the witness's unavailability and the testimony lacked sufficient indicia of reliability.
• Emilio Valenzuela, Jr. v. Griffin
  654 F.2d 707· 10th Cir.· 1981-07-22 ·cited 6×
  The court held that the prosecution failed to demonstrate a good-faith effort to secure the witness's presence at trial, thus violating the Sixth Amendment's confrontation clause.
• Major Hines v. State
  186 So. 2d 820· Fla. 1st DCA· 1966-05-10 ·cited 6×
  The court held that questioning a defendant about their failure to testify at a preliminary hearing is reversible error, even without objection, if the question's influence cannot be erased.
• Anthony v. Baker
  955 F.2d 1395· 10th Cir.· 1992-02-05 ·cited 4×
  The court held that the law of the case doctrine barred reargument of absolute immunity for grand jury testimony, but not for preliminary hearing testimony.
• United States v. Garcia
  593 F.2d 77· 8th Cir.· 1979-02-20 ·cited 4×
  The court held that the arrest was supported by probable cause and that the search warrant affidavit did not contain material misrepresentations.
• Mechler v. Procunier
  754 F.2d 1294· 5th Cir.· 1985-03-15 ·cited 2×
  The court held that the introduction of preliminary hearing testimony of an unavailable witness did not violate the defendant's Sixth Amendment right to confrontation, as the state made a good faith effort to secure the witness and the testimony bore sufficient indicia of reliabi
• Lynch v. State
  275 So. 2d 32· Fla. 4th DCA· 1973-03-16 ·cited 2×
• United States v. Wilson
  449 F.2d 1005· D.C. Cir.· 1971-06-18 ·cited 2×
  The court held that while the trial court erred in refusing to allow impeachment with certain prior inconsistent statements, the error was minor and not grounds for reversal.
• United States ex rel. Levester Bell & Sherman Gibson v. Dir., Dep't OF Corr., State OF Ill.
  847 F.2d 399· 7th Cir.· 1988-05-20
  The use of a deceased victim's preliminary hearing testimony at trial does not violate the Confrontation Clause if the testimony bears adequate "indicia of reliability," even if cross-examination was somewhat limited.
• Herrera v. Wilson
  364 F.2d 798· 9th Cir.· 1966-08-05
  The court held that the use of preliminary hearing testimony, where the defendant was represented by counsel who cross-examined the witness, did not violate federal constitutional rights, even if presented unconventionally.
• Hathaway v. State
  100 So. 2d 662· Fla. 3d DCA· 1958-02-20
  Robert Hathaway appeals his conviction for second-degree murder, arguing that the trial court violated his constitutional right against self-incrimination by allowing the prosecutor to comment on his failure to testify at a preliminary hearing. The Florida District Court of Appea