Preponderance Of The Evidence

3,086 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.A.R. v. State
  923 So. 2d 604· Fla. 2d DCA· 2006-03-24 ·cited 10×
  J.A.R. appeals his juvenile adjudication for battery and obstructing an officer, challenging the trial court's departure from the Department of Juvenile Justice's recommendation for low-risk residential placement in favor of moderate-risk placement. The appellate court reversed,
• In re DOE
  921 So. 2d 753· Fla. 1st DCA· 2006-02-22 ·cited 10×
  Jane Doe, a minor, appealed the trial court's denial of her petition for judicial waiver of parental notification of pregnancy under Florida's Parental Notice of Abortion Act. The appellate court reversed, holding that the trial court's findings did not support its conclusion tha
• A.A. v. Dep't of Child. & Families
  908 So. 2d 585· Fla. 5th DCA· 2005-08-12 ·cited 10×
  The Fifth District Court of Appeal reversed a dependency order finding that a mother allowed her son to administer excessive corporal discipline to her child. The court held that the evidence failed to show the bruises and marks on the child's back constituted the type of signifi
• Advisory Opinion to the Attorney Gen. re Pub. Prot. from Repeated Med. Malpractice
  880 So. 2d 667· Fla.· 2004-07-15 ·cited 10×
  The Florida Supreme Court approved a proposed constitutional amendment that would prohibit any person found to have committed three or more incidents of medical malpractice from obtaining or holding a medical license in Florida. The Court upheld the amendment as meeting both the
• Adrianne Tijuana Johnson v. State
  880 So. 2d 749· Fla. 5th DCA· 2004-05-28 ·cited 10×
  Adrianne Johnson appealed her probation violation conviction, arguing that a missed appointment with her probation officer was insufficient to establish a willful violation. The appellate court affirmed, finding that the evidence supported the trial court's finding that Johnson w
• G.V. v. Dep't OF Child. & Families & The Guardian Ad Litem Program
  795 So. 2d 1043· Fla. 3d DCA· 2001-09-19 ·cited 10×
  The Florida District Court of Appeal affirmed a trial court's adjudication that a two-month-old child was dependent as to the mother due to abuse and neglect, finding substantial evidence that the mother permitted the child to live in an environment with a father who inflicted no
• Wencel v. State
  768 So. 2d 494· Fla. 4th DCA· 2000-08-23 ·cited 10×
  The court held that expert fingerprint testimony is not required to prove identity for sentencing under the Prison Release Reoffender Act, and that the Act is constitutional.
• D.E.R. v. State
  744 So. 2d 1244· Fla. 5th DCA· 1999-11-19 ·cited 10×
  A juvenile appeals the trial court's decision to revoke his community control and commit him to a level four Department of Juvenile Justice program instead of accepting the Department's recommendation for continued community control. The appellate court affirmed, holding that the
• State v. Hiram F. Morales
  718 So. 2d 272· Fla. 5th DCA· 1998-09-04 ·cited 10×
  The court held that the trial court erred in imposing a downward departure sentence without sufficient record evidence to support its stated reasons.
• E.L. v. State
  715 So. 2d 353· Fla. 1st DCA· 1998-08-13 ·cited 10×
  This case reviews a juvenile's appeal challenging the trial court's decision to commit him to a higher restrictiveness level than recommended by the Department of Juvenile Justice. The appellate court affirmed the trial court's decision, finding the reasons provided for the devia
• Amador v. State
  713 So. 2d 1121· Fla. 3d DCA· 1998-07-29 ·cited 10×
  The court held that while the evidence was sufficient to revoke probation, the written sentences failed to credit the defendant for all time served, requiring remand for correction.
• State v. Baker
  713 So. 2d 1027· Fla. 2d DCA· 1998-06-05 ·cited 10×
  The court held that the trial court's reasons for imposing a downward departure sentence were either improper or unsupported by sufficient record evidence.
• Onel Montalvo v. State
  705 So. 2d 984· Fla. 3d DCA· 1998-02-04 ·cited 10×
  Onel Montalvo appeals a restitution order imposed as part of his plea agreement for grand theft involving cruise tickets and amenities. The court affirmed the restitution award, holding that the state need not prove the tickets would have been sold to other customers; rather, res
• Johnson v. State
  689 So. 2d 1111· Fla. 2d DCA· 1997-02-12 ·cited 10×
  Mark Johnson was convicted of manslaughter with a firearm (reduced from first-degree murder charge) and received an upward departure sentence of 16 years, well above the 10.3-year guideline maximum. The appellate court affirmed the conviction but reversed the sentence, finding in
• Strickland v. State
  685 So. 2d 1365· Fla. 2d DCA· 1996-10-04 ·cited 10×
  Strickland was convicted of grand theft as a restaurant head waitress and ordered to pay $23,444 in restitution. The court reversed, holding that the state failed to prove Strickland caused the entire revenue shortfall, and remanded for restitution limited to the $631 in control
• Wray v. State
  639 So. 2d 621· Fla. 4th DCA· 1994-05-11 ·cited 10×
  Antonio Wray was convicted of second-degree murder in a racially motivated stabbing death of a Haitian-American victim. The court affirmed his conviction and upward departure sentence, rejecting his arguments that the prosecutor improperly commented on his silence and that the cr
• Gafford v. Gen. Elec. Co.
  997 F.2d 150· 6th Cir.· 1993-06-18 ·cited 10×
  The court affirmed the district court's finding of federal jurisdiction, holding that the defendant met its burden of proving the amount in controversy and complete diversity.
• House v. State
  614 So. 2d 677· Fla. 1st DCA· 1993-03-04 ·cited 10×
  John House was convicted of grand theft and ordered to pay $14,716.17 in restitution to Sunland Food Mart. The appellate court affirmed the probation order but reversed the restitution order because the state failed to prove by a preponderance of the evidence that the defendant c
• United States v. Campbell
  985 F.2d 341· 7th Cir.· 1993-02-08 ·cited 10×
  The court held that sufficient evidence supported the conspiracy conviction and that the district court did not err in calculating the sentence, including considering acquitted conduct and hearsay testimony.
• State v. Traster
  610 So. 2d 572· Fla. 4th DCA· 1992-12-09 ·cited 10×
  Florida appealed a downward departure from sentencing guidelines in a strong-armed robbery case. The trial court departed downward based on the defendant's steroid addiction, amenability to rehabilitation, and post-crime contributions to the community. The appellate court affirme
• United States v. Harrison-Philpot
  978 F.2d 1520· 9th Cir.· 1992-10-28 ·cited 10×
  The court held that the district court's failure to adopt the presentence report or tie its sentence to the Guidelines requires vacating the sentence and remanding for resentencing. It also found certain evidentiary errors to be harmless.
• In re Ledford v. Thomas E. Ledford (91-5649)
  970 F.2d 1556· 6th Cir.· 1992-07-31 ·cited 10×
  A partner's fraud can be imputed to another partner for nondischargeability under § 523(a)(2)(A) if the fraud was committed in the ordinary course of business and the non-culpable partner benefited from the fraud. The court also found the bank's reliance on the misrepresented con
• United States v. Diamond
  969 F.2d 961· 10th Cir.· 1992-07-20 ·cited 10×
  The court held that restitution under the Victim and Witness Protection Act (VWPA) is limited to losses caused by the specific conduct underlying the offense of conviction, and attorney fees and liquidation expenses are not recoverable.
• United States v. Colette Joe Bernaugh
  969 F.2d 858· 10th Cir.· 1992-06-24 ·cited 10×
  The court held that the district court did not err in applying sentencing enhancements for obstruction of justice and aggravating role, nor in calculating the drug quantity or accepting the guilty plea for violating the Travel Act.
• United States v. Patterson
  962 F.2d 409· 5th Cir.· 1992-05-21 ·cited 10×
  The court affirmed the defendant's convictions on four counts, vacated his sentence, and remanded for resentencing because the district court erred in finding the defendant was an organizer or supervisor based on unreliable evidence and improperly grouped all offenses into a sing
• Southpointe Pharmacy v. Dep't of Health & Rehabilitative Servs.
  596 So. 2d 106· Fla. 1st DCA· 1992-03-11 ·cited 10×
  Southpointe Pharmacy appealed a Department of Health and Rehabilitative Services (HRS) final order finding Medicaid overpayments of $7,742.93, imposing a $250 fine, and suspending the pharmacy from Medicaid for three months. The Florida appellate court reversed, holding that HRS
• United States v. Beaulieau
  959 F.2d 375· 2d Cir.· 1992-03-05 ·cited 10×
  The court affirmed Beaulieau's conviction and sentence, finding no error in the calculation of his base offense level. The court vacated Townsend's sentence and remanded for resentencing, holding that a prior sealed burglary conviction should not have been included in his crimina
• United States v. Salmon
  948 F.2d 776· D.C. Cir.· 1991-11-12 ·cited 10×
  The court held that the defendant bears the initial burden of proving inducement for an entrapment defense, and the district court's discretionary refusal to depart downward is not subject to appellate review.
• United States v. Gelb
  944 F.2d 52· 2d Cir.· 1991-08-06 ·cited 10×
  The court held that a RICO conviction allows restitution for all losses from predicate acts, regardless of when they occurred, and that a sentence on one count can be increased to reflect the court's original intent when another count's sentence was erroneously imposed.
• United States v. Vernon Barrett (90-5715)
  933 F.2d 355· 6th Cir.· 1991-05-08 ·cited 10×
  The court held that the evidence was sufficient to prove conspiracy and possession with intent to distribute, and that convictions for conspiracy and attempt arising from the same transaction do not violate double jeopardy.
• United States v. Terry
  930 F.2d 542· 7th Cir.· 1991-04-15 ·cited 10×
  The court held that a summary court martial conviction is not a proper ground for upward departure from Sentencing Guidelines, but prior similar adult conduct not resulting in conviction can be, provided the underlying facts are reliable and not objected to.
• Barbano v. Madison Cnty.
  922 F.2d 139· 2d Cir.· 1990-12-28 ·cited 10×
  The court held that the district court erred in finding the Board of Supervisors guilty of sex discrimination, as the record did not support claims of discriminatory experience assessment or lack of tact by the plaintiff.
• United States v. ONE 1987 Mercedes 560 SEL
  919 F.2d 327· 5th Cir.· 1990-12-17 ·cited 10×
  The court held that the government presented sufficient evidence to establish probable cause for forfeiture of the claimant's assets, and the claimant failed to prove by a preponderance of the evidence that the assets were acquired from legitimate sources.
• United States v. Dell Hester
  917 F.2d 1083· 8th Cir.· 1990-10-26 ·cited 10×
  The court held that there was sufficient evidence to convict the defendant of drug offenses and that his prior conviction qualified as a felony for career offender sentencing purposes.
• United States v. Engleman
  916 F.2d 182· 4th Cir.· 1990-10-17 ·cited 10×
  The court held that the district court erred in interpolating between sentencing levels and must determine the specific drug quantity. However, the Sentencing Guidelines are constitutional and apply to the defendant's conduct.
• United States v. Trotter
  912 F.2d 964· 8th Cir.· 1990-08-29 ·cited 10×
• United States v. Miroslav Oransky
  908 F.2d 307· 8th Cir.· 1990-07-10 ·cited 10×
• Pfeiffer v. Roux Labs., Inc.
  547 So. 2d 1271· Fla. 1st DCA· 1989-08-24 ·cited 10×
  Pfeiffer sued her employer for disability benefits under a contractual benefit plan. After the trial court initially denied a motion to dismiss but then reversed itself and dismissed the contract claim based on ERISA preemption, Pfeiffer filed a new ERISA claim, which was dismiss
• In re Garner v. Garner
  881 F.2d 579· 8th Cir.· 1989-08-09 ·cited 10×
  The court held that a prior jury finding of fraud, established by a preponderance of the evidence, does not preclude relitigation of fraud in a bankruptcy dischargeability proceeding because the bankruptcy standard requires clear and convincing evidence.
• Leonard v. Floretta McKENZIE
  869 F.2d 1558· D.C. Cir.· 1989-03-17 ·cited 10×
  The court affirmed the district court's decision, holding that the Prospect Learning Center was an appropriate educational placement for Brandon and that the district court did not err in denying the preliminary injunction.
• Glass Design Imports, Inc. v. Import Specialties
  867 F.2d 1139· 8th Cir.· 1989-02-14 ·cited 10×
  The court held that certain damages awarded for foregone salaries were impermissible and reversed punitive damage awards against two defendants, while affirming other awards and denying a cross-appeal.
• Spiegler v. Dist. OF Columbia
  866 F.2d 461· D.C. Cir.· 1989-01-27 ·cited 10×
  The court held that while a 30-day limitations period is appropriate for Education of the Handicapped Act claims, the District's failure to provide adequate notice of this period to the appellants bars its application in this case.
• United States v. Jackson
  863 F.2d 1168· 4th Cir.· 1989-01-03 ·cited 10×
  The court held that the Anti-Drug Abuse Act is constitutional and that the admission of coconspirator statements and a defendant's false exculpatory statement were proper or harmless error. The evidence was sufficient to sustain convictions.
• United States v. Augustino Fernandez-Vidana
  857 F.2d 673· 9th Cir.· 1988-09-21 ·cited 10×
• Hackett v. United States Parole Comm'n
  851 F.2d 127· 6th Cir.· 1987-12-08 ·cited 10×
  The court held that the Parole Commission was authorized to consider the victim's rape allegation, even if unsubstantiated or rejected by the sentencing judge, and that the Sentencing Reform Act of 1984 did not entitle the petitioner to immediate release.
• United States v. Berman
  825 F.2d 1053· 6th Cir.· 1987-08-06 ·cited 10×
  The court held that notice of assessment and demand for payment under 26 U.S.C. § 6303(a) is a prerequisite only for administrative collection actions (like levy and distraint), not for the government's civil action to reduce tax assessments to judgment.
• Furth v. Inc. Publ'g Corp.
  823 F.2d 1178· 7th Cir.· 1987-07-14 ·cited 10×
  The court held that the plaintiff failed to present sufficient evidence to prove he was the procuring cause of the advertisements for which he sought commissions, and thus was not entitled to them.
• White v. ARN
  788 F.2d 338· 6th Cir.· 1986-04-09 ·cited 10×
  The court held that Ohio's statute requiring defendants to prove self-defense by a preponderance of the evidence does not violate the Due Process Clause of the Fourteenth Amendment.
• White v. United States Postal Serv.
  768 F.2d 334· Fed. Cir.· 1985-07-25 ·cited 10×
  The court held that the Merit Systems Protection Board's finding of a nexus between the petitioner's off-duty misconduct (leaving the scene of a fatal accident and tampering with evidence) and the efficiency of the Postal Service was supported by substantial evidence.
• Lyles v. United States
  759 F.2d 941· D.C. Cir.· 1985-04-19 ·cited 10×
  The court held that the District Court's findings of fact and conclusions of law were too conclusory and lacked coherence, preventing meaningful appellate review.