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. Castro
  228 F.2d 807· 2d Cir.· 1956-01-05 ·cited 20×
  The court held that the judge's role is not to determine if reasonable persons could be satisfied beyond a reasonable doubt, but rather to instruct the jury on that standard.
• Mut. Life Ins. Co. of N.Y. v. Hamilton
  143 F.2d 726· 5th Cir.· 1944-06-28 ·cited 20×
  The court held that there was sufficient evidence for the jury to find a presumption of death and to determine the time of death, and that the lower court correctly ruled on the corporate plaintiff's rights.
• State v. Jamar Thompkins
  113 So. 3d 95· Fla. 5th DCA· 2013-05-17 ·cited 19×
  The State appealed a downward departure sentence imposed on Jamar Thompkins for burglary and criminal mischief. The trial court departed from the minimum guideline sentence based on statutory and non-statutory grounds. The appellate court reversed, holding that the statutory grou
• Ruiz v. State
  50 So. 3d 1229· Fla. 4th DCA· 2011-01-12 ·cited 19×
  Freddie Ruiz challenges the denial of his motion to suppress evidence obtained from a search of his apartment, claiming the police lacked valid consent. The Fourth District affirms the trial court's finding of consent while expressing significant concern about the expanding conce
• Hack v. Janes
  878 So. 2d 440· Fla. 5th DCA· 2004-07-16 ·cited 19×
  This appeal addresses the validity of a 1992 will challenged on grounds of testamentary incapacity and undue influence. The court affirms the trial court's decision admitting the will to probate after retrial, and clarifies that under the amended Florida statute, the burden of pr
• Rosenkrantz v. Markopoulos
  254 F. Supp. 2d 1250· M.D. Fla.· 2003-03-27 ·cited 19×
  The court held that the plaintiff failed to establish standing to bring suit under the ADA because his alleged future injury was speculative and not 'real and immediate'.
• United States v. Malmsberry
  222 F. Supp. 2d 1345· M.D. Fla.· 2002-05-29 ·cited 19×
  The court recommended revocation of supervised release, finding by a preponderance of the evidence that the defendant committed battery and failed to report questioning by law enforcement, but did not commit aggravated stalking.
• Provenzano v. State
  750 So. 2d 597· Fla.· 1999-09-23 ·cited 19×
  Thomas Provenzano appeals a circuit court order finding him sane to be executed. The Florida Supreme Court reversed and remanded, holding that the circuit court abused its discretion by denying Provenzano's continuance request to allow his expert witness to testify, and clarifyin
• United States v. Ira Silverman (90-3205)
  976 F.2d 1502· 6th Cir.· 1992-09-22 ·cited 19×
  The court held that the preponderance of the evidence standard is insufficient for determining relevant conduct in sentencing, particularly when it involves uncharged or acquitted criminal activity.
• United States v. Paul Y.B. Hahn
  960 F.2d 903· 9th Cir.· 1992-04-07 ·cited 19×
  Conduct extraneous to a conviction can be considered relevant for sentencing only if it meets specific criteria for similarity, regularity, and temporal proximity, and the government bears the burden of proving such relevance.
• Mollie B. Smith v. Dep't of Health & Rehabilitative Servs.
  522 So. 2d 956· Fla. 1st DCA· 1988-03-18 ·cited 19×
  Mollie Smith appealed an HRS administrative disqualification from the food stamp program based on an alleged intentional program violation for failing to report part-time income. The court reversed, holding that HRS failed to present clear and convincing evidence of Smith's inten
• United States v. Mastrangelo
  693 F.2d 269· 2d Cir.· 1982-11-15 ·cited 19×
• Roberto v. Aguon
  519 F.2d 754· 9th Cir.· 1975-07-08 ·cited 19×
  The court held that the trial court did not err in dismissing the action to set aside a deed, as the plaintiff failed to prove by a preponderance of the evidence that the deed was void or voidable due to incompetency.
• In re Est. of Sarah Grant Dunson v. Raymond
  141 So. 2d 601· Fla. 2d DCA· 1962-05-25 ·cited 19×
  A brother challenges the probate admission of his deceased sister's will, alleging testamentary incapacity and undue influence by the designated executor and trustee. The court affirms the probate judge's decision, finding substantial evidence supporting testamentary capacity and
• United States v. Latecia Watkins
  10 F.4th 1179· 11th Cir.· 2021-08-20 ·cited 18×
  The Eleventh Circuit en banc held that the government must prove the ultimate discovery exception to the exclusionary rule by a preponderance of the evidence, not a reasonable probability.
• Carter v. State
  82 So. 3d 993· Fla. 1st DCA· 2011-08-15 ·cited 18×
  The court held that the state failed to present sufficient competent, non-hearsay evidence to prove the probationer used or possessed cocaine.
• Mata v. State
  31 So. 3d 257· Fla. 4th DCA· 2010-03-24 ·cited 18×
  Steven Mata appeals his probation revocation based on seven alleged violations stemming from a hit-and-run accident. The court affirmed the revocation but found insufficient evidence for three counts (reckless driving, driving without a valid license, and failure to remove an obs
• Horn v. State
  17 So. 3d 836· Fla. 2d DCA· 2009-08-26 ·cited 18×
  Max Horn petitioned for a writ of certiorari to overturn a trial court's denial of his claim for immunity under Florida's "Stand Your Ground" law after shooting and killing Joseph Martel. The Second District Court of Appeal denied the petition while establishing proper procedures
• French v. French
  4 So. 3d 5· Fla. 4th DCA· 2009-01-21 ·cited 18×
  When a trial court finds a supportive relationship exists between an obligee and another person, it must reduce or terminate alimony because the obligee's need has necessarily decreased.
• State v. Scherber
  918 So. 2d 423· Fla. 2d DCA· 2006-01-25 ·cited 18×
  The State of Florida appealed downward departure sentences imposed on Michael Scherber for three criminal cases. The appellate court reversed the sentences, finding that Scherber failed to prove by a preponderance of the evidence that the Department of Corrections could not provi
• State v. Wheeler
  891 So. 2d 614· Fla. 2d DCA· 2005-01-26 ·cited 18×
  The State appeals a downward departure sentence of 48 months probation imposed on Robert Wheeler for a second-degree felony involving lewd and lascivious conduct with a child. The court reverses the departure sentence because it lacks the required evidentiary showing that Wheeler
• K.M. v. State
  891 So. 2d 619· Fla. 3d DCA· 2005-01-26 ·cited 18×
  A trial court cannot depart from the Department of Juvenile Justice's placement recommendations without stating legally sufficient reasons supported by a preponderance of the evidence.
• M.N. v. Dep't of Child. & Families
  826 So. 2d 445· Fla. 5th DCA· 2002-08-30 ·cited 18×
  Parents K.P. and M.N. appeal a dependency finding for their child A.P. based on K.P.'s prior abuse of M.N.'s other child N.N. The appellate court reversed, holding that DCF failed to establish a sufficient nexus between the prior abuse and a substantial risk of imminent abuse to
• State v. Ovidio Quintanal
  791 So. 2d 23· Fla. 3d DCA· 2001-04-04 ·cited 18×
  The State appeals a trial court's downward departure from sentencing guidelines for armed burglary and grand theft offenses. The appellate court reverses, holding that the defendant failed to prove by a preponderance of the evidence either that the need for restitution outweighs
• Q.L.J. v. State
  714 So. 2d 628· Fla. 1st DCA· 1998-07-27 ·cited 18×
  A trial court may order placement at a different restrictiveness level than recommended by the Department of Juvenile Justice if it states reasons on the record supported by a preponderance of the evidence, and protection of society is an appropriate statutory consideration in ma
• State v. Licea
  707 So. 2d 1155· Fla. 2d DCA· 1998-02-20 ·cited 18×
  A downward departure sentence based on age, pregnancy, and being a follower is invalid when not supported by evidence or specific legal justification.
• State v. Hitchmon
  678 So. 2d 460· Fla. 3d DCA· 1996-08-14 ·cited 18×
  The State of Florida appealed a trial court's order striking restitution as a condition of probation for a defendant convicted of dealing in stolen property. The appellate court reversed, holding that a trial court cannot deny restitution merely because the crime victim intends t
• Clock v. Vikki Clock
  649 So. 2d 312· Fla. 3d DCA· 1995-01-25 ·cited 18×
  This appeal concerns whether a child can be adjudicated dependent based solely on a custodial parent's plan to relocate the child against the child's wishes, absent any finding of abuse, neglect, or abandonment. The court reversed the dependency adjudication, holding that relocat
• United States v. Elgersma
  971 F.2d 690· 11th Cir.· 1992-09-08 ·cited 18×
  Edwin Elgersma was convicted of drug-trafficking offenses and engaging in a continuing criminal enterprise, and a jury found several of his possessions forfeitable in a separate criminal forfeiture proceeding. The Eleventh Circuit, sitting en banc, held that the preponderance of
• United States v. Sherbak
  950 F.2d 1095· 5th Cir.· 1992-01-08 ·cited 18×
  The court held that Fed.R.Crim.P. 32 requires explicit factual findings on drug quantity for sentencing, vacating one defendant's sentence for non-compliance while affirming the other's due to sufficient implicit findings. The court also affirmed the denial of acceptance of respo
• United States v. Williams
  940 F.2d 176· 6th Cir.· 1991-07-29 ·cited 18×
  The court held that defendants waived their sufficiency of evidence claims by failing to renew their motions for acquittal and that the district court erred in granting a reduction for acceptance of responsibility to one defendant.
• United States v. Gonzales
  929 F.2d 213· 6th Cir.· 1991-04-03 ·cited 18×
  The court affirmed the defendant's conviction and sentence, holding that the ineffective assistance of counsel claim could not be raised for the first time on appeal and that the upward departure from the Sentencing Guidelines was reasonable.
• United States v. Gbemi Ramata Hassan
  927 F.2d 303· 7th Cir.· 1991-03-06 ·cited 18×
  The court held that the district court did not err in applying sentencing enhancements for carrying criminally derived property and obstruction of justice, as the findings were supported by the evidence and not clearly erroneous.
• United States v. Spillman
  924 F.2d 721· 7th Cir.· 1991-02-12 ·cited 18×
  The court held that the government did not breach the plea agreements by not moving for downward departures and that the Sentencing Guidelines provision vesting departure authority solely with the government does not violate the separation of powers doctrine.
• United States v. Gonzalez
  922 F.2d 1044· 2d Cir.· 1991-01-09 ·cited 18×
  The court held that the Sentencing Reform Act and Sentencing Guidelines do not grant discretion to impose a sentence less than life imprisonment for first-degree murder under 18 U.S.C. § 1111, and that a mandatory life sentence without parole does not violate the Eighth Amendment
• United States v. Wells Metal Finishing, Inc.
  922 F.2d 54· 1st Cir.· 1991-01-04 ·cited 18×
  The court held that the district court did not err in enhancing the sentence for disruption of a public utility, nor in conditioning supervised release on payment of a fine, as the evidence supported the findings and the conditions were appropriate.
• United States v. Erwin Darrell Newman
  912 F.2d 1119· 9th Cir.· 1990-08-30 ·cited 18×
  The court held that the defendant bears the burden of proving the constitutional invalidity of a prior conviction used in calculating his criminal history score, and that the defendant failed to meet this burden based on the state court transcript.
• United States v. Nichols
  912 F.2d 598· 2d Cir.· 1990-08-27 ·cited 18×
  The court held that the district court did not err in refusing a "missing witness" charge, denying suppression of evidence, or in its sentencing departure for defendant Davis. The court affirmed the judgments of conviction and sentences.
• United States v. Rafferty
  911 F.2d 227· 9th Cir.· 1990-08-10 ·cited 18×
  The court held that a defendant must be given prior notice and an opportunity to comment before a court imposes an upward departure from the sentencing guidelines. The court also held that the defendant bears the burden of proving inability to pay a fine.
• United States v. Mandell
  905 F.2d 970· 6th Cir.· 1990-06-22 ·cited 18×
  The court held that a breached plea agreement requires offering the defendant the opportunity to withdraw their plea, and that failure to make findings on disputed facts in a presentence report necessitates resentencing.
• United States v. Pelayo-Munoz
  905 F.2d 1429· 10th Cir.· 1990-06-15 ·cited 18×
  The court held that the defendant was not entitled to a reduction in his offense level for being a minor participant or for acceptance of responsibility.
• United States v. Peoples
  904 F.2d 23· 9th Cir.· 1990-05-29 ·cited 18×
  The court held that a sentencing enhancement for a stolen firearm applies regardless of the defendant's participation in the theft, and factual findings for sentencing enhancements need only be proven by a preponderance of the evidence.
• In re Braen v. Braen
  900 F.2d 621· 3d Cir.· 1990-03-30 ·cited 18×
  The court held that collateral estoppel applies to a state court malicious prosecution judgment for determining nondischargeability under § 523(a)(6) because the burden of proof and malice standard were equivalent.
• In the Interest of W.P.
  534 So. 2d 905· Fla. 2d DCA· 1988-12-09 ·cited 18×
  The court held that the evidence presented was insufficient to establish child abuse as defined by statute, thus reversing the dependency order.
• In the Interest of K.H. v. State
  527 So. 2d 230· Fla. 1st DCA· 1988-05-18 ·cited 18×
  The Florida District Court of Appeal reversed a permanent commitment order terminating parental rights because the state failed to prove by clear and convincing evidence that the child suffered significant impairment from the mother's neglect. The court found the evidence legally
• Bradbury v. Phillips Petroleum Co.
  815 F.2d 1356· 10th Cir.· 1987-04-07 ·cited 18×
  The court held that sufficient evidence supported the jury's finding that Desert Drilling Company was an agent of Phillips, making Phillips vicariously liable for the actions of Desert Drilling's employees, and that evidence of prior settlements and incidents was admissible for p
• State v. Blan
  489 So. 2d 865· Fla. 1st DCA· 1986-06-06 ·cited 18×
  The Florida Court of Appeal reversed a trial court's suppression order, holding that the trial court applied an incorrect legal standard when evaluating whether a defendant voluntarily consented to a vehicle search. The court clarified that consent must be shown by a preponderanc
• United States v. Murray
  784 F.2d 188· 6th Cir.· 1986-02-13 ·cited 18×
  The court held that the mention of a polygraph examination and errors in the jury charge constituted reversible error.
• Crofoot v. United States Gov't Printing Off.
  761 F.2d 661· Fed. Cir.· 1985-05-02 ·cited 18×
  The dissenting judge would hold that the MSPB's finding of notoriously disgraceful conduct is not supported by substantial evidence, given the presiding official's findings that the petitioner did not commit the underlying offense.
• Prudence F. Williams v. State
  441 So. 2d 653· Fla. 3d DCA· 1983-10-04 ·cited 18×
  Prudence Williams appeals her first-degree grand theft conviction based on the denial of her motion to suppress her confession. The Florida appellate court reversed the conviction and suppressed the confession, finding that law enforcement officers extracted it through lies, thre