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. Skinner
  986 F.2d 1091· 7th Cir.· 1993-02-17 ·cited 12×
  The court held that the two-level enhancement under U.S.S.G. § 3B1.1(c) was appropriate because the defendant's role in orchestrating and coordinating participants in the criminal scheme qualified him as an organizer or supervisor, even if he did not directly control them.
• Kelly v. Dep't of Health & Rehabilitative Servs.
  610 So. 2d 1375· Fla. 2d DCA· 1992-12-30 ·cited 12×
  Leslie Kelly challenged the Department of Health and Rehabilitative Services' decision to keep his name on the Child Abuse Registry as a confirmed perpetrator following his no contest plea to child abuse charges. The court held that a no contest plea, without more, is insufficien
• United States v. Hughes
  970 F.2d 227· 7th Cir.· 1992-07-16 ·cited 12×
  The court affirmed the convictions and sentences, finding no reversible error in the jury selection, evidentiary rulings, or expert testimony.
• United States v. Carpenter
  963 F.2d 736· 5th Cir.· 1992-06-09 ·cited 12×
  The Sixth Amendment right to counsel in an unrelated state case does not automatically invoke the Fifth Amendment right to counsel for federal interrogations, and evidence of a crack pipe found with a firearm is admissible to corroborate a recanted confession.
• United States v. Phillips
  959 F.2d 1187· 3d Cir.· 1992-03-03 ·cited 12×
• United States v. Hooten
  942 F.2d 878· 5th Cir.· 1991-09-10 ·cited 12×
  The court held that the district court erred by failing to make specific findings regarding the defendant's possession of a firearm during the commission of the offense, requiring a remand for resentencing. The court affirmed the denial of acceptance of responsibility and found n
• Hall v. State Farm Fire & Cas. Co.
  937 F.2d 210· 5th Cir.· 1991-08-02 ·cited 12×
  The court held that the trial court did not err in interpreting the pretrial order or the insurance policy, nor in its jury instructions regarding misrepresentation and arson. However, the court remanded the issue of costs because the trial judge failed to state reasons for denyi
• United States v. Garner
  940 F.2d 172· 6th Cir.· 1991-07-23 ·cited 12×
  The court held that the two-level enhancement for firearm possession under U.S.S.G. § 2D1.1(b)(1) was improper because it was clearly improbable that the unloaded handgun found in a locked safe was connected to the drug offense.
• United States v. Underwood
  932 F.2d 1049· 2d Cir.· 1991-05-09 ·cited 12×
  The court held that the government's inadvertent failure to disclose impeachment evidence was not material, newly discovered evidence did not warrant a new trial, and the district court properly applied the Sentencing Guidelines without a jury determination of the offense's conti
• United States v. Simone
  931 F.2d 1186· 7th Cir.· 1991-05-03 ·cited 12×
  The court affirmed the convictions, holding that the defendants waived their challenge to the indictment by not raising it pre-trial, that the jury instructions on conspiracy were proper, and that Bosko's trial counsel provided effective assistance.
• United States v. Caruth
  930 F.2d 811· 10th Cir.· 1991-04-16 ·cited 12×
  The Tenth Circuit affirmed the district court's sentence, holding that the defendant failed to establish by a preponderance of the evidence that he was a "minimal participant" under the Sentencing Guidelines.
• United States v. Yeagin
  927 F.2d 798· 5th Cir.· 1991-02-22 ·cited 12×
  The court held that the admission of evidence of the defendant's nine prior felony convictions was prejudicial error because its probative value was substantially outweighed by its potential for unfair prejudice, requiring reversal and remand for a new trial.
• United States v. Quartermaine
  913 F.2d 910· 11th Cir.· 1990-10-02 ·cited 12×
  The government proved by a preponderance of the evidence that the defendant posed a risk of flight and by clear and convincing evidence that he posed a danger to the community, thus pretrial detention was warranted.
• In re Bryan
  550 So. 2d 447· Fla.· 1989-09-07 ·cited 12×
  The Florida Supreme Court held that declarations of incompetency under section 744.331 require clear and convincing evidence rather than a preponderance of the evidence standard. The court quashed the district court's affirmance of a trial court order declaring John Bryan incompe
• Norris J. Coulter v. Vitale
  882 F.2d 1286· 7th Cir.· 1989-08-25 ·cited 12×
  The court held that the defendant waived his objection to the punitive damages jury instruction's standard of proof by failing to properly object at trial.
• United States v. Dotson
  871 F.2d 1318· 6th Cir.· 1989-04-12 ·cited 12×
  The court affirmed the defendant's convictions, finding that the jury instructions given were adequate and that the evidence supported the jury's findings.
• Pritchard v. State
  528 So. 2d 1272· Fla. 1st DCA· 1988-07-22 ·cited 12×
  The court held that the information was sufficient and the evidence presented was legally sufficient to prove prior DUI convictions by a preponderance of the evidence for a felony DUI charge.
• United States v. Weinberg
  852 F.2d 681· 2d Cir.· 1988-07-21 ·cited 12×
  The court affirmed the conviction, holding that the defendant waived challenges to the indictment by pleading guilty, and that the sentencing hearing comported with due process and the plea agreement.
• United States v. Crowson
  828 F.2d 1427· 9th Cir.· 1987-09-29 ·cited 12×
  The court held that the government met its burden of proving an independent source for all evidence used against the defendant, and that no direct or derivative use, evidentiary or non-evidentiary, was made of the defendant's immunized testimony.
• United States v. Castello
  830 F.2d 99· 7th Cir.· 1987-09-23 ·cited 12×
  The court granted the attorney's motion to withdraw and dismissed the appeal, finding no arguable issues.
• United States v. Tito Perez, Jr.
  823 F.2d 854· 5th Cir.· 1987-07-24 ·cited 12×
  The court held that the Supreme Court's decision in Bourjaily v. United States, which allows co-conspirator statements to be considered in determining co-conspirator status, effectively overrules the prior James test, making the admission of the statements proper.
• Celina Lynette Goode and Thomas Eugene Goode v. Herman Miller, Inc.
  811 F.2d 866· 5th Cir.· 1987-03-06 ·cited 12×
  The court held that the plaintiffs failed to prove that any design defect in the shelf unit was more likely than not a proximate cause of the accident.
• Medtronic Inc. v. Intermedics, Inc.
  799 F.2d 734· Fed. Cir.· 1986-08-15 ·cited 12×
  The court affirmed the district court's judgment, holding that the C/D patent was not proven invalid and the R/S patent was invalid for obviousness.
• United States v. Olivares
  786 F.2d 659· 5th Cir.· 1986-04-04 ·cited 12×
  The court held that multiple convictions for conspiracy violate the Double Jeopardy Clause when only a single conspiracy existed, but rejected claims of ineffective assistance of counsel due to an attorney's conflict of interest.
• Sims v. State
  487 So. 2d 37· Fla. 2d DCA· 1986-03-12 ·cited 12×
  James Willie Sims appeals his convictions and sentences for burglary and petit theft, challenging the enhanced sentence imposed as a habitual offender. The court finds that the trial judge's findings were insufficient to support the enhancement and remands for resentencing, while
• Seymour Wexler and Daisy Wexler v. Westfield Bd. OF Educ.
  784 F.2d 176· 3d Cir.· 1986-02-19 ·cited 12×
  The court held that the district court correctly determined that the school board provided a free appropriate public education and that parents were not entitled to reimbursement for unilaterally placing their child in private schools, nor for post-graduation expenses.
• United States v. Howard
  770 F.2d 57· 6th Cir.· 1985-08-12 ·cited 12×
  Statements made by a coconspirator before insurance proceeds are collected, even if aimed at avoiding detection, are admissible under the coconspirator exception to the hearsay rule if they are made during and in furtherance of the conspiracy.
• Handley v. Ind. & Mich. Elec. Co.
  732 F.2d 1265· 6th Cir.· 1984-04-26 ·cited 12×
  The court held that the district court had personal jurisdiction over the nonresident corporate defendant under the Kentucky long arm statute because its business activities within Kentucky satisfied the statute's requirements and did not offend due process.
• Melvin v. Petrovsky
  720 F.2d 9· 8th Cir.· 1983-10-19 ·cited 12×
  The court held that the Parole Commission must reconsider the petitioner's offense classification due to inconsistent application of its regulations and failure to consider a codefendant's parole status.
• Allen v. Jefferson Cnty. Health Dep't
  709 F.2d 1231· 8th Cir.· 1983-06-30 ·cited 12×
• Gates v. United States
  707 F.2d 1141· 10th Cir.· 1983-05-10 ·cited 12×
  The court held that the trial court did not err in finding no causal relationship between the swine flu vaccine and the plaintiff's Guillain-Barre Syndrome, given the eleven-month delay in onset and the persuasive epidemiological data.
• Queen Elizabeth Wiley v. State
  427 So. 2d 283· Fla. 1st DCA· 1983-02-22 ·cited 12×
  Queen Elizabeth Wiley was convicted of aggravated battery (a lesser included offense of the first degree murder charge) in the death of Patricia Hill. On appeal, Wiley challenged the admission of her confessions obtained after a hypnosis session, alleged racial discrimination in
• Porter v. State
  410 So. 2d 164· Fla. 3d DCA· 1981-11-17 ·cited 12×
  Wallace Jerome Porter was convicted of first-degree murder and kidnapping after a jury trial and sentenced to two consecutive life sentences. The Florida Third District Court of Appeal reversed and remanded for a new trial, finding that Porter's confessions were involuntary due t
• Miss. River Grain Elevator, Inc. v. Bartlett & Co.
  659 F.2d 1314· 5th Cir.· 1981-10-26 ·cited 12×
  The court affirmed the district court's judgment, finding no error in the application of evidentiary rules, interpretation of contracts, or assessment of claims, and upheld the magistrate's findings adopted by the district court.
• United States v. Prentice C. Miller
  644 F.2d 1241· 8th Cir.· 1981-03-27 ·cited 12×
  The court held that out-of-court statements made by Collier were properly admitted under the co-conspirator exception to the hearsay rule, Fed.R.Evid. 801(d)(2)(E), based on sufficient independent evidence of an illegal association.
• Vicksburg Furniture MFG., Ltd. v. The AETNA Cas. & Sur. Co.
  625 F.2d 1167· 5th Cir.· 1980-09-15 ·cited 12×
  The court held that the jury instructions regarding the burden of proof for arson and the elements of corporate arson were proper, and that sufficient evidence supported the jury's verdict for the insurer.
• Decker v. Sec. & Exch. Comm'n
  631 F.2d 1380· 10th Cir.· 1980-08-18 ·cited 12×
  The court held that the SEC erred in disregarding expert testimony on service valuation and in failing to require proof of awareness of wrongdoing for aiding and abetting liability. The case is remanded for reconsideration.
• Warren v. Harvey
  632 F.2d 925· 2d Cir.· 1980-05-01 ·cited 12×
  The court held that the Connecticut statute allowing commitment of insanity acquittees based on a preponderance of the evidence standard is facially constitutional, and that it was constitutionally applied to the appellant. The state met its burden of proving the appellant's dang
• Sea Island Broad. Corp. of S. C. v. Fed. Commc'ns Comm'n
  627 F.2d 240· D.C. Cir.· 1980-01-14 ·cited 12×
  The court held that the Federal Communications Commission must apply a 'clear and convincing' standard of proof in license revocation proceedings, not merely a 'preponderance of the evidence' standard.
• Blaeser Dev. Corp. v. First Fed. Sav. & Loan Ass'n OF Martin Cnty.
  375 So. 2d 1118· Fla. 4th DCA· 1979-09-26 ·cited 12×
  Blaeser Development sued First Federal Savings and Loan for fraud and deceit. The trial court granted a directed verdict for the defendant after finding the plaintiff failed to meet the burden of proving fraud by clear and convincing evidence. The appellate court reversed, holdin
• United States v. An article of drug consisting of the following: 15866/50-Tablet Bottles
  602 F.2d 1387· 10th Cir.· 1979-08-06 ·cited 12×
  The court held that the district court did not err in determining X-Otag Plus to be a 'new drug' for condemnation and injunction purposes without an administrative record, but remanded the destruction order for the district court to consider staying destruction.
• Eltra Corp. v. Basic Inc.
  599 F.2d 745· 6th Cir.· 1979-05-21 ·cited 12×
  The Court of Appeals held that the patent in suit was invalid for obviousness, reversing the district court's judgment of validity and infringement. Consequently, the awards for treble damages and attorney's fees were also vacated.
• Azalea Drive-In Theatre, Inc. v. Burton H. Hanft
  540 F.2d 713· 4th Cir.· 1976-07-26 ·cited 12×
  The court determined the distribution of fees from pending client matters for a dissolved professional law association between its two shareholders.
• Fleming Bldg. Co., Inc. v. Ne. Okla. Bldg. & Constr. Trades Council
  532 F.2d 162· 10th Cir.· 1976-03-19 ·cited 12×
  The court held that while the trial court erred in requiring proof of damages by clear and convincing evidence, this error was harmless because Fleming failed to prove the existence of damages by a preponderance of the evidence. The court also affirmed the denial of damages, find
• United States v. Davis
  532 F.2d 22· 7th Cir.· 1976-03-12 ·cited 12×
  The court held that prosecutorial misconduct, including making arguments based on evidence not presented to the jury and a witness's improper demeanor, deprived the defendant of a fair trial, requiring reversal.
• Boruch Leizerowski v. E. Freightways, Inc.
  514 F.2d 487· 3d Cir.· 1975-04-15 ·cited 12×
  The court held that submitting the issue of the plaintiff-driver's contributory negligence to the jury was error, and that the jury should not have been instructed to prove future pain and suffering to a 'reasonable certainty' under Pennsylvania law.
• Prince Albert Johnson v. State
  294 So. 2d 69· Fla.· 1974-02-28 ·cited 12×
  The Florida Supreme Court discharged a writ of certiorari in this criminal case, resolving a conflict between district court decisions regarding the standard of proof for establishing the voluntariness of confessions and waiver of Miranda rights. The Court adopted the federal sta
• W. E. "Bill" Davis v. State
  261 So. 2d 188· Fla. 1st DCA· 1972-04-27 ·cited 12×
  W. E. Davis was convicted of indirect criminal contempt on four counts for alleged jury tampering. The Florida First District Court of Appeal reversed all four convictions due to both procedural defects and insufficient evidence to support the contempt charges.
• Arkwright Mut. Ins. Co. v. Philadelphia Elec. Co.
  427 F.2d 1273· 3d Cir.· 1970-07-01 ·cited 12×
  The court held that a motion for judgment notwithstanding the verdict was properly denied for failing to state specific grounds, and that a motion for a new trial was properly denied as untimely filed and lacking merit.
• Hobson v. Cyrus S. Eaton
  399 F.2d 781· 6th Cir.· 1968-02-12 ·cited 12×
  The court held that the plaintiff had the burden to prove by clear and convincing evidence that the defendant made a gift of the claims, and the trial court erred in applying a preponderance of the evidence standard.