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

• J.L.O. v. State
  721 So. 2d 440· Fla. 5th DCA· 1998-12-04 ·cited 16×
  A juvenile court's departure from a recommended residential placement level is permissible when supported by valid reasons beyond mere facility unavailability; here, the child's history of domestic violence, repeated violations of community control, refusal to reside at home, and
• Kesanic Crume v. State
  703 So. 2d 1216· Fla. 5th DCA· 1997-12-31 ·cited 16×
  Kesanic Crume appealed his probation violation finding, challenging the trial court's determination that he willfully violated probation by failing to report to his probation officer upon release from jail. The appellate court reversed, holding that the state failed to present co
• Bakos v. State
  698 So. 2d 943· Fla. 4th DCA· 1997-09-17 ·cited 16×
  The court held that restitution awards must be supported by evidence proving a direct or indirect causal link between the defendant's offense and the loss, and that losses outside the alleged timeframe are not recoverable.
• K.M.T. v. State
  695 So. 2d 1309· Fla. 2d DCA· 1997-06-27 ·cited 16×
  K.M.T., a juvenile, was adjudicated delinquent for aggravated battery (reduced from lewd or lascivious charges) and committed to a level six residential program. The appellate court reversed and remanded because the trial court failed to make specific written findings required by
• Pierce v. State
  718 So. 2d 806· Fla. 4th DCA· 1997-05-07 ·cited 16×
  Kenneth Pierce was convicted of vehicular homicide, leaving the scene of an accident, driving with a suspended license causing death, and tampering with evidence. The appellate court affirmed the admission of a computer-generated accident reconstruction animation as a demonstrati
• Robert v. Green
  662 So. 2d 748· Fla. 4th DCA· 1995-11-15 ·cited 16×
  The court held that the trial court erred in departing upward from the sentencing guidelines based on the victim's vulnerability due to prior medical treatment and the prolonged nature of her death, as these factors were either inherent to the crime or not sufficiently proven.
• Spriggs v. State
  615 So. 2d 828· Fla. 4th DCA· 1993-03-17 ·cited 16×
  A defendant who expressly agreed to be sentenced as a habitual felony offender (HFO) under a plea agreement challenges his sentence, arguing the trial court failed to make specific factual findings required by statute. The Fourth District holds that a defendant may knowingly and
• Freeman United Coal Mining Co. v. Off. OF Workers' Comp. Program & Fairy Dell Jones
  988 F.2d 706· 7th Cir.· 1993-03-04 ·cited 16×
  The true doubt rule, which resolves evidentiary conflicts in favor of a black lung claimant, is consistent with the Administrative Procedure Act and was properly applied.
• United States v. LAM Kwong-Wah
  966 F.2d 682· D.C. Cir.· 1992-05-19 ·cited 16×
  The court held that the preponderance of the evidence standard, not clear and convincing evidence, applies to a district court's finding of a defendant's scienter regarding the quantity of drugs involved in a conspiracy for sentencing purposes.
• In the Matter of: Billye M. Luce v. First Equip. Leasing Corp.
  960 F.2d 1277· 5th Cir.· 1992-04-30 ·cited 16×
  The court held that the Supreme Court's preponderance of the evidence standard for dischargeability exceptions applies retroactively, and that a partner's fraud can be imputed to an innocent partner. It also remanded for further findings on attorney's fees.
• Turpin v. Merrell DOW Pharms., Inc.
  959 F.2d 1349· 6th Cir.· 1992-03-11 ·cited 16×
  The court held that judges must inspect the reasoning of scientific experts to determine if a case should go to the jury, and that the evidence presented was insufficient to prove Bendectin caused the plaintiff's birth defects to a legal probability.
• United States v. ST. Gelais
  952 F.2d 90· 5th Cir.· 1992-01-14 ·cited 16×
  The court held that the $1,000,000 fine was imposed in violation of the ex post facto clause because the offenses occurred in 1984, prior to the enactment of the statute under which the fine was calculated. The conviction and restitution were affirmed.
• United States v. Cook
  949 F.2d 289· 10th Cir.· 1991-11-05 ·cited 16×
  The court held that the defendant's due process and equal protection rights were not violated by federal prosecution, the search warrant was valid, co-defendant testimony was admissible, jury instructions were adequate, and the sentence was properly calculated.
• McNEIL-P.C.C., Inc. v. Bristol-Myers Squibb Co.
  938 F.2d 1544· 2d Cir.· 1991-07-16 ·cited 16×
  The court held that a plaintiff can prove a false advertising claim under the Lanham Act by demonstrating that the defendant's own studies are unreliable, without conducting its own independent studies.
• United States v. Rena A. Livingston
  936 F.2d 333· 7th Cir.· 1991-07-10 ·cited 16×
  A defendant waives the right to challenge the sufficiency of evidence for sentencing enhancements by failing to object to the factual basis in the district court, and such failure does not constitute ineffective assistance of counsel if it was a reasonable tactical decision.
• United States v. Cousineau
  929 F.2d 64· 2d Cir.· 1991-03-26 ·cited 16×
  The court held that the district court correctly calculated the defendant's base offense level by including quantities of cocaine not specified in the indictment, and properly denied a reduction for acceptance of responsibility.
• United States v. Uzelac
  921 F.2d 204· 9th Cir.· 1990-12-10 ·cited 16×
  The court held that the defendant failed to meet his burden of proving by a preponderance of the evidence that the firearm was possessed solely for sporting or collection purposes, thus the denial of a sentence reduction was not clearly erroneous.
• Eric C. Rajala in Bankr. for Gen. Poly Corp. v. Allied Corp.
  919 F.2d 610· 10th Cir.· 1990-11-02 ·cited 16×
  The court held that the evidence was insufficient to establish a fiduciary relationship between the parties because there was no conscious assumption of fiduciary duties by the defendant.
• United States v. Madewell
  917 F.2d 301· 7th Cir.· 1990-10-30 ·cited 16×
  The court held that trial counsel's failure to file a motion to suppress or stipulate to a prior conviction did not constitute ineffective assistance of counsel, and the district court properly applied the Sentencing Guidelines by cross-referencing aggravated assault.
• Castellanos v. Dep't OF Health & Rehabilitative Servs.
  545 So. 2d 455· Fla. 3d DCA· 1989-06-20 ·cited 16×
  The court held that a particularized determination of necessity is not required before a judge may take a minor child's testimony in-camera in a juvenile dependency proceeding. The court also found that the mother's other points on appeal lacked merit.
• Lanigan v. Maloney
  853 F.2d 40· 1st Cir.· 1988-08-09 ·cited 16×
  The court held that the district court properly found a constitutional violation in the jury's reasonable doubt instructions and that the claim was not procedurally barred.
• United States v. King
  849 F.2d 485· 11th Cir.· 1988-06-21 ·cited 16×
  The court held that while the district court's pretrial detention order was substantively correct, it was procedurally infirm for failing to provide written findings of fact and a statement of reasons. The case is remanded for the district court to articulate its findings and rea
• United States v. Mutulu Shakur
  817 F.2d 189· 2d Cir.· 1987-04-10 ·cited 16×
  The court held that the district court erred in finding that conditions could reasonably assure the defendant's presence at trial, reversing the order of release.
• United States v. Hollins
  811 F.2d 384· 7th Cir.· 1987-02-10 ·cited 16×
  The court affirmed the defendant's convictions, holding that the district court properly denied motions to suppress evidence and dismiss the indictment, and that the evidence was sufficient to support the jury's verdict.
• Beck v. Commc'ns Workers OF Am. (C.W.A.)
  800 F.2d 1280· 4th Cir.· 1986-09-12 ·cited 16×
  The en banc court affirmed federal jurisdiction over the cause, finding it properly invoked under 28 U.S.C. § 1337 for statutory claims and breach of the duty of fair representation.
• Bushman v. Halm
  798 F.2d 651· 3d Cir.· 1986-08-15 ·cited 16×
  The court held that a plaintiff is not always required to submit expert medical opinion on causation for soft tissue injuries, especially when the injury is arguably related to an identifiable event.
• Watson v. State
  492 So. 2d 831· Fla. 5th DCA· 1986-08-14 ·cited 16×
  The court held that the trial court erred in sentencing the defendant as a habitual offender without making specific, written findings that such a sentence was necessary for public protection.
• State v. Kettering
  483 So. 2d 97· Fla. 5th DCA· 1986-02-13 ·cited 16×
  An involuntary confession made to private parties, based on a promise to avoid prosecution, taints subsequent confessions to police, requiring suppression of all evidence.
• Hale v. Dep't of Transp.
  772 F.2d 882· Fed. Cir.· 1985-09-12 ·cited 16×
  The court held that an unrebutted prima facie case of strike participation, established by proof of a widespread strike and unauthorized absence, constitutes proof by a preponderance of the evidence, sufficient to sustain the agency's charges.
• Bender v. Clark
  744 F.2d 1424· 10th Cir.· 1984-09-28 ·cited 16×
• Stone v. City OF Chicago
  738 F.2d 896· 7th Cir.· 1984-07-20 ·cited 16×
  The court held that jury verdicts were not inconsistent and that the jury instruction regarding the burden of proof for defenses was not erroneous.
• RAY E. Friedman & Co. v. Jenkins
  738 F.2d 251· 8th Cir.· 1984-06-28 ·cited 16×
  The court held that the trial court's judgment was correct, affirming the award against the appellant, as any errors were harmless and the appellant's counterclaims and defenses were without merit.
• Villela v. Dep't OF THE AIR Force
  727 F.2d 1574· Fed. Cir.· 1984-03-02 ·cited 16×
  The court held that the MSPB erred in finding the agency proved the appropriateness of the penalty without considering mitigating factors.
• United States v. Thomas
  709 F.2d 968· 5th Cir.· 1983-07-18 ·cited 16×
  The court affirmed the district court's grant of summary judgment, holding that the doctrine of election of remedies did not bar the action and that collateral estoppel was properly applied based on prior criminal convictions.
• Debose v. United States Dep't OF Agric.
  700 F.2d 1262· 9th Cir.· 1983-03-08 ·cited 16×
  An agency may proceed with termination under 5 U.S.C. § 7513 for unacceptable performance even without a formal performance appraisal system, provided it meets the higher burden of proof required by that section. The admission of altered documentary evidence and secondary evidenc
• Sweet v. United States
  687 F.2d 246· 8th Cir.· 1982-08-26 ·cited 16×
  The court held that the plaintiff failed to prove causation between the government's alleged negligence and his mental condition, affirming the district court's judgment.
• Benham v. Edwards
  678 F.2d 511· 5th Cir.· 1982-05-27 ·cited 16×
  The dissenting judge believes the presumption of continuing dangerousness for insanity acquittees does not violate equal protection and that the issue of state-initiated hearings is moot due to statutory amendment.
• James R. Snyder Co., Inc. v. Associated Gen. Contractors OF Am.
  677 F.2d 1111· 6th Cir.· 1982-04-29 ·cited 16×
  The court held that the preponderance of the evidence standard applies to the admissibility of coconspirator statements in civil cases under Federal Rule of Evidence 801(d)(2)(E), and that a Sherman Act violation arising from a union-employer agreement requires proof of predatory
• McDONOUGH v. United States Postal Serv.
  666 F.2d 647· 1st Cir.· 1981-11-18 ·cited 16×
  The court held that the Merit Systems Protection Board's decision to uphold the petitioner's removal from the Postal Service was reasonable and supported by a preponderance of the evidence.
• Chisholm v. Def. Logistics Agency & Merit Sys. Prot. Bd.
  656 F.2d 42· 3d Cir.· 1981-07-28 ·cited 16×
  The conviction under 18 U.S.C. § 113(d) necessarily decided the issue of whether the appellant struck and shoved the victim, supporting his dismissal.
• Calhoun v. Baylor
  646 F.2d 1158· 6th Cir.· 1981-04-08 ·cited 16×
  The court held that the evidence was sufficient to support the jury's finding of actual fraud and that the trial court did not commit reversible error in its evidentiary rulings or jury instructions.
• United States v. McDONNEL
  550 F.2d 1010· 5th Cir.· 1977-04-14 ·cited 16×
  The court held that the trustee's testimony did not violate the appellant's immunity and that the investors' testimony was admissible non-hearsay.
• Mid-State Contractors, Inc. v. Halo Dev. Corp.
  342 So. 2d 1078· Fla. 2d DCA· 1977-03-02 ·cited 16×
  Mid-State Contractors appeals dismissal of its mechanics' lien foreclosure action based on a technical deficiency in the lien claim's specification of the amount owed. The court holds that substantial compliance with statutory requirements is sufficient, and remands for determina
• Willard v. Bowen
  294 So. 2d 696· Fla. 1st DCA· 1974-04-30 ·cited 16×
  Florida appellate court reversed a trial court's order granting a new trial because the order failed to state that the jury verdict was against the manifest weight of the evidence, as required by controlling precedent.
• Frankowitz v. Beck
  257 So. 2d 918· Fla. 3d DCA· 1972-02-15 ·cited 16×
  Helen Frankowitz appealed a jury verdict judgment against her, claiming the trial court erred by failing to instruct the jury on the preponderance of evidence and witness believability. The appellate court affirmed, holding that without a timely written request and objection, the
• Kent v. Hardin
  425 F.2d 1346· 5th Cir.· 1970-05-14 ·cited 16×
  The court held that the Judicial Officer's decision was supported by sufficient evidence, testimony was properly admitted, factual determinations were adequate, the penalty was not too severe, the delay was not unreasonable, and service on the partnership was valid.
• Cauley v. United States
  355 F.2d 175· 5th Cir.· 1966-01-11 ·cited 16×
  The court held that the testimony provided sufficient evidence for the jury to conclude the offenses occurred in Irwin County, thus establishing venue and jurisdiction.
• Ellis v. Carter
  328 F.2d 573· 9th Cir.· 1964-02-25 ·cited 16×
  The court held that a trial judge in a non-jury case has the power to adjudicate the merits at the close of the plaintiff's evidence under Rule 41(b) if the evidence preponderates against the plaintiff, and that testimony from an adverse witness is evidence to be weighed.
• Nat'l Council OF American-Soviet Friendship, Inc. v. Subversive Activities Control Bd.
  322 F.2d 375· D.C. Cir.· 1963-05-16 ·cited 16×
  The court held that the evidence presented was insufficient to establish that the National Council of American-Soviet Friendship was substantially directed, dominated, or controlled by the Communist Party, a requirement for classification as a Communist-front organization.
• Tage Emanuel Mortsell v. Errki A. Laurila
  301 F.2d 947· C.C.P.A.· 1962-05-04 ·cited 16×
  The court held that the junior party Laurila sufficiently proved the introduction of his conception into the United States prior to the senior party's filing date, establishing priority.