Preponderance Of The Evidence

3,085 Florida cases classified under this topic, plus 56 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• United States v. James
  590 F.2d 575· 5th Cir.· 1979-02-12 ·cited 591×
  The court's construction of Rule 104 as the 'orthodox position' is questioned, favoring a division of preliminary evidence questions between judge and jury.
• Donald B. Banks v. State
  732 So. 2d 1065· Fla.· 1999-04-15 ·cited 455×
  The Florida Supreme Court held that a trial court may impose a downward departure from sentencing guidelines based on the need for restitution outweighing the need for imprisonment, and that the victim's and prosecutor's opposition to such a departure is not dispositive of the se
• Ramirez v. State
  739 So. 2d 568· Fla.· 1999-07-08 ·cited 402×
  The Florida Supreme Court reversed Nathan Ramirez's death sentence for the first-degree murder of Mildred Boroski, finding that his confession was obtained in violation of Miranda rights and that improper hearsay evidence regarding his codefendant's confession was admitted at tri
• United States v. Bell
  573 F.2d 1040· 8th Cir.· 1978-04-19 ·cited 282×
  The court held that the district court did not err in its voir dire questions, admission of coconspirator statements, or jury instructions, and any errors in admitting testimony about the gun's purpose were harmless.
• Walls v. State
  641 So. 2d 381· Fla.· 1994-07-07 ·cited 236×
  Frank Walls was convicted of murdering Ann Peterson during a burglary and sentenced to death. On appeal to the Florida Supreme Court, Walls challenged his conviction and death sentence on multiple grounds, including jury selection, jury instructions on aggravating factors, and pr
• In the Interest of M.F. and M.F. v. Fla. Dep't of Child. & Families
  770 So. 2d 1189· Fla.· 2000-10-12 ·cited 217×
  The Florida Supreme Court resolved a conflict among district courts regarding whether a parent's conviction for sexual abuse of one child is, standing alone, sufficient to establish dependency of a sibling. The Court held that while such a conviction is highly relevant, it is not
• E.A.R. v. State
  4 So. 3d 614· Fla.· 2009-01-30 ·cited 216×
  The Florida Supreme Court resolved a conflict between district courts of appeal regarding what standard juvenile courts must apply when departing from the Department of Juvenile Justice's recommended commitment level. The Court held that departure reasons must address the charact
• United States v. White
  888 F.2d 490· 7th Cir.· 1989-10-25 ·cited 207×
  The court held that Sentencing Guidelines § 1B1.3(a)(2) requires inclusion of drug quantities that were part of the same course of conduct or common scheme or plan as the offense of conviction, even if the defendant was not convicted of possessing those quantities.
• United States v. Jacksonville Terminal Co.
  451 F.2d 418· 5th Cir.· 1971-08-31 ·cited 204×
• Data Disc v. Sys. Tech. Assocs., Inc.
  557 F.2d 1280· 9th Cir.· 1977-07-13 ·cited 201×
  The court held that the plaintiff made a sufficient prima facie showing of jurisdictional facts to establish personal jurisdiction over the defendant, and that venue was also proper.
• Special v. W. Boca Med. Ctr.
  160 So. 3d 1251· Fla.· 2014-11-13 ·cited 194×
  The Florida Supreme Court clarified the test for harmless error in civil appeals, holding that the beneficiary of an error must prove there is no reasonable possibility the error contributed to the verdict. Applying this test, the Court reversed a medical malpractice judgment and
• In re the Adoption OF Baby E.A.W. G.W.B. v. J.S.W.
  658 So. 2d 961· Fla.· 1995-07-20 ·cited 192×
  The Florida Supreme Court held that in determining whether an unwed father abandoned his child, trial courts may consider his lack of emotional support and/or emotional abuse toward the mother during pregnancy. The Court affirmed the trial court's finding that the birth father ab
• United States v. Santiago
  582 F.2d 1128· 7th Cir.· 1978-08-22 ·cited 192×
  The court held that the trial judge's preliminary determination of admissibility for co-conspirator statements was sufficient, and the sentencing judge's comments, while potentially problematic, did not constitute an abuse of discretion or warrant vacating the sentence.
• Washington v. Strickland
  693 F.2d 1243· 5th Cir.· 1982-12-23 ·cited 191×
  The court held that the district court erred in applying the outcome-determinative test for prejudice in a habeas corpus claim of ineffective assistance of counsel. It established a new standard for prejudice, requiring proof that the omitted mitigating evidence would have "subst
• Rodriguez v. State
  919 So. 2d 1252· Fla.· 2005-05-26 ·cited 181×
  Juan David Rodriguez, a death-sentenced prisoner, appeals the denial of his Rule 3.850 postconviction motion and petitions for writ of habeas corpus. The Florida Supreme Court affirmed the trial court's denial of all postconviction claims and denied habeas relief, finding no meri
• United States v. Satterfield
  743 F.2d 827· 11th Cir.· 1984-10-03 ·cited 181×
  The court held that the restitution provisions of the Victim and Witness Protection Act of 1982 are constitutional and do not violate the seventh, fifth, or fourteenth amendments.
• United States v. Taylor
  464 F.2d 240· 2d Cir.· 1972-07-06 ·cited 176×
  The court held that the standard of evidence necessary for a judge to send a case to the jury is not the same in civil and criminal cases, and that the 'Second Circuit rule' requiring a single standard is overruled.
• King v. State
  157 So. 2d 440· Fla. 2d DCA· 1963-11-08 ·cited 176×
  William Carlton King, Jr. appeals from denial of post-conviction relief under Criminal Procedure Rule No. 1, claiming he was denied his constitutional right to counsel when he pleaded guilty to grand larceny without an attorney and without being informed of that right. The Florid
• United States v. McPARTLIN
  595 F.2d 1321· 7th Cir.· 1979-03-26 ·cited 172×
  The court held that the admission of certain testimony and grand jury statements was proper, and that the evidence against defendant Bull was sufficient to sustain his conviction.
• Farrow v. United States
  580 F.2d 1339· 9th Cir.· 1978-08-31 ·cited 167×
  The dissenting opinion argues that the district court erred by following the Lipscomb procedure, which improperly assesses sentence appropriateness rather than whether the sentence would have been different absent invalid prior convictions.
• Glaubius v. State
  688 So. 2d 913· Fla.· 1997-02-20 ·cited 162×
  The Florida Supreme Court held that reasonable investigative costs incurred by a victim to uncover a defendant's criminal misconduct are proper restitution items, but reversed the trial court's award because the $1,600 in investigative costs was based on speculative evidence rath
• United States v. Petersen
  611 F.2d 1313· 10th Cir.· 1979-11-15 ·cited 159×
  The dissenting judge argues that the majority's decision should be reversed due to the improper application of the chain conspiracy doctrine and the use of an incorrect standard for admitting co-conspirator statements.
• Abraham v. Baldwin
  52 Fla. 151· Fla.· 1906-06-01 ·cited 157×
  In this slander case, the Florida Supreme Court reversed a judgment against defendants who called the plaintiff a thief and accused him of stealing a hoe, holding that the trial court erred by withdrawing from the jury the question of whether the statements constituted a privileg
• United States v. Stricklin
  591 F.2d 1112· 5th Cir.· 1979-03-23 ·cited 150×
  The denial of a motion to dismiss an indictment on double jeopardy grounds is an appealable final order, and the burden of persuasion shifts to the government once the defendant makes a prima facie showing of former jeopardy.
• King v. State
  597 So. 2d 309· Fla. 2d DCA· 1992-03-04 ·cited 148×
  Aaron King appeals sentences imposed after revocation of his community control, challenging a ten-year habitual felony offender sentence for burglary. The court affirms, providing comprehensive analysis of Florida's habitual offender statute and clarifying that trial judges retai
• In re Preer Beverly
  342 So. 2d 481· Fla.· 1977-01-27 ·cited 148×
  The Florida Supreme Court upheld the constitutionality of Section 394.467 authorizing involuntary psychiatric hospitalization on grounds of mental illness and dangerousness or incapacity, but reversed the trial court's order committing Beverly Preer for lack of clear and convinci
• McDOLE v. State
  283 So. 2d 553· Fla.· 1973-05-16 ·cited 148×
  Two appellants convicted of rape and sentenced to death had their sentences reduced to life imprisonment following Furman v. Georgia. On appeal, they challenged the trial judge's failure to make an explicit finding of voluntariness for their confessions, and argued the confession
• United States v. Jefferson
  714 F.2d 689· 7th Cir.· 1983-07-22 ·cited 142×
  The court affirmed the conviction and sentence, holding that the searches were lawful, the evidence was properly admitted, the jury instructions were adequate, and the sentencing did not violate double jeopardy principles.
• United States v. Ghassan L. Ammar
  714 F.2d 238· 3d Cir.· 1983-06-30 ·cited 140×
  The court held that while the district court was not required to hold an in limine hearing, it should have made explicit credibility findings when the evidence aliunde relied on witness testimony whose credibility was challenged.
• Dennis v. State
  51 So. 3d 456· Fla.· 2010-12-16 ·cited 137×·via Burden Of Proof By Preponderance Of The Evidence
  The Florida Supreme Court held that when a criminal defendant moves to dismiss based on the Stand Your Ground statute (section 776.032), the trial court must conduct a pretrial evidentiary hearing and decide factual questions about immunity, rather than simply denying the motion
• R.R. Dynamics, Inc. v. A. Stucki Co.
  727 F.2d 1506· Fed. Cir.· 1984-01-25 ·cited 137×
  The court affirmed the jury's finding on obviousness, stating that reversing on a purely factual issue is unwarranted, especially when jury instructions were not erroneous.
• United States v. Andrus
  775 F.2d 825· 7th Cir.· 1985-10-22 ·cited 129×
  The court held that the trial court did not err in admitting coconspirator statements under Fed.R.Evid. 801(d)(2)(E) and that the procedures used to determine admissibility did not violate defendants' rights.
• United States v. Thurnell Alston
  895 F.2d 1362· 11th Cir.· 1990-03-08 ·cited 125×
  The court held that a defendant must satisfactorily establish concrete facts for comparison to prove pretext in a Batson claim.
• Turner v. Texas Instruments
  555 F.2d 1251· 5th Cir.· 1977-07-15 ·cited 125×·via Burden Of Proof By Preponderance Of The Evidence
  The court held that the employer is required to prove legitimate, nondiscriminatory reasons for its actions by a preponderance of the evidence, not clear and convincing evidence, and that the employer's honest belief in the employee's misconduct, even if mistaken, can serve as a
• VAN Wagner v. State
  677 So. 2d 314· Fla. 1st DCA· 1996-04-12 ·cited 122×
  The court held that the trial court abused its discretion in revoking probation because the record did not support a finding that the probationer's violations were willful and substantial.
• United States v. Ciampaglia
  628 F.2d 632· 1st Cir.· 1980-08-04 ·cited 121×
  The court held that the evidence was sufficient to support the convictions, the timing of the Petrozziello ruling was not plain error, pre-indictment delay did not violate due process, reference to the witness protection program was not grounds for a mistrial, withheld evidence w
• Glass v. Parrish
  51 So.2d 717· Fla.· 1951-04-06 ·cited 121×
  The Florida Supreme Court affirmed a jury verdict in a malicious prosecution case. The court held that the jury was within its province to find that the defendants lacked probable cause and acted with malice when they initiated a forgery charge against the plaintiff, despite thei
• United States v. Natividad Ocanas
  628 F.2d 353· 5th Cir.· 1980-10-14 ·cited 120×
  The court held that the superseding indictment was valid, the evidence was sufficient, and the trial court did not err in admitting testimony or denying severance, thus affirming the convictions.
• United States v. Howard
  894 F.2d 1085· 9th Cir.· 1990-01-25 ·cited 115×
  The court held that a defendant seeking a reduction in offense level bears the burden of proof, and the district court is not obligated to state reasons for a sentence when the sentencing range span does not exceed twenty-four months.
• United States v. Enright
  579 F.2d 980· 6th Cir.· 1978-06-20 ·cited 114×
  The court held that the preponderance of the evidence standard, not the prima facie case standard, applies under Federal Rule of Evidence 104(a) for determining the admissibility of co-conspirator statements, but the trial court's use of the latter was not plain error. The court
• United States v. Miley
  513 F.2d 1191· 2d Cir.· 1975-03-19 ·cited 114×
  The court held that the trial judge did not err in denying Wenzler's motion to suppress evidence obtained from his apartment, nor in refusing to instruct the jury on entrapment, and that Goldstein's arguments regarding the seizure of evidence were without merit.
• Ford v. State
  802 So. 2d 1121· Fla.· 2001-09-13 ·cited 113×
  James D. Ford was convicted of two counts of first-degree murder, sexual battery with a firearm, and child abuse for the April 1997 deaths of Greg and Kimberly Malnory at a Florida sod farm. The Florida Supreme Court affirmed his convictions and death sentences, finding the trial
• United States v. Beaulieu
  893 F.2d 1177· 10th Cir.· 1990-01-10 ·cited 113×
  A sentencing judge may consider reliable hearsay, including testimony from a separate trial, provided the defendant has an opportunity to rebut it.
• Kingsley v. Kingsley
  623 So. 2d 780· Fla. 5th DCA· 1993-08-18 ·cited 110×
  In this groundbreaking parental rights case, an 11-year-old boy sought to terminate his natural mother's parental rights and be adopted by his foster parents. The court affirmed the termination of parental rights based on abandonment but reversed the adoption order due to jurisdi
• Collie v. State
  710 So. 2d 1000· Fla. 2d DCA· 1998-05-01 ·cited 109×
  Troy Lee Collie appeals a trial court order designating him a sexual predator under Florida's Sexual Predator Act. The court affirmed the designation, holding that the retrospective application of the 1996 Act did not violate ex post facto, double jeopardy, plea bargain, due proc
• United States v. Streeter
  907 F.2d 781· 8th Cir.· 1990-06-29 ·cited 106×
  The court held that a district court's departure from Sentencing Guidelines requires specific findings of circumstances not adequately considered by the Commission, and that the Drug Quantity Table's equivalency of 100 grams per marijuana plant is invalid as applied when the stat
• United States v. Urrego-Linares
  879 F.2d 1234· 4th Cir.· 1989-07-20 ·cited 106×
  A defendant seeking a mitigating factor at sentencing bears the burden of proving its applicability by a preponderance of the evidence, and co-conspirator statements made after arrest are admissible if in furtherance of the conspiracy.
• Star Fruit Co. v. Eagle Lake Growers, Inc.
  160 Fla. 130· Fla.· 1948-02-10 ·cited 106×
  Star Fruit sued Eagle Lake for conversion of 721 boxes of tangerines that Eagle Lake, as a packing and shipping agent, disposed of without notifying Star Fruit. The Florida Supreme Court reversed a judgment for damages, finding that while conversion occurred due to the failure to
• Budgen v. Brady
  103 So. 2d 672· Fla. 1st DCA· 1958-06-03 ·cited 105×
  A 2.5-year-old child was struck by a vehicle in a residential dead-end street when the driver, having no other witnesses, drove off the street into a private driveway. The appellate court affirmed the jury verdict for the plaintiff, holding that sufficient evidence of negligence
• United States v. Peters
  791 F.2d 1270· 7th Cir.· 1986-05-20 ·cited 104×
  The court affirmed the convictions and sentences of the defendants, finding no reversible error in the trial court's rulings on search warrants, property seizure, standing, grand jury proceedings, or jury instructions.