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

• Town OF Burlington v. Dep't OF Educ. FOR the Commonwealth OF Mass.
  736 F.2d 773· 1st Cir.· 1984-05-29 ·cited 76×
  The court held that state administrative hearings under the EAHCA can consider violations of state law and regulations, even if they provide greater protection than federal law, and that the district court erred by not giving sufficient weight to the hearing officer's findings on
• United States v. Phillips
  640 F.2d 87· 7th Cir.· 1981-02-06 ·cited 76×
  The court held that the district court did not err in denying the defendant's motion for a mistrial, denying his claim of ineffective assistance of counsel, admitting certain evidence, or imposing consecutive sentences.
• United States v. Myron Lieberman
  637 F.2d 95· 2d Cir.· 1980-12-16 ·cited 76×
  The court held that a hotel registration card was admissible as non-hearsay and that a coconspirator's statements were admissible as declarations against penal interest, and that sufficient evidence supported the conviction.
• United States v. Dalzotto
  603 F.2d 642· 7th Cir.· 1979-08-02 ·cited 76×
  The court held that the cumulative independent evidence, including the roadside meeting and dealings with a middleman, was sufficient to establish a conspiracy by a preponderance of the evidence, allowing admission of co-conspirator hearsay statements.
• The Escambia Cnty. Elec. Light & Power Co. v. Sutherland
  61 Fla. 167· Fla.· 1911-01-01 ·cited 76×
  A widow sued an electric light company for negligently causing her husband's death through electrocution while he handled a lamp supplied with current in a factory. The Florida Supreme Court reversed the jury verdict for the widow, finding that contradictory jury instructions reg
• O'Bryan v. W.J. Estelle, Jr.
  714 F.2d 365· 5th Cir.· 1983-08-26 ·cited 75×
  The Fifth Circuit should apply the same standard of review in Witherspoon cases as in other habeas corpus matters, giving deference to state court factual findings unless clearly erroneous, and remanding for evidentiary hearings when the record is unclear.
• Blankfeld v. Richmond Health Care, Inc.
  902 So. 2d 296· Fla. 4th DCA· 2005-05-25 ·cited 73×
  The Florida Fourth District Court of Appeal reversed a trial court's order compelling arbitration of a nursing home resident's claims, holding that an arbitration clause requiring disputes be resolved under National Health Lawyers Association rules was void as contrary to public
• United States v. Shoulberg
  895 F.2d 882· 2d Cir.· 1990-02-06 ·cited 73×
  The court held that a note sent to a co-defendant, requesting information about a potential witness and implying a threat of violence, constituted an attempted obstruction of justice under Sentencing Guidelines § 3C1.1.
• Wright v. Southland Corp.
  187 F.3d 1287· 11th Cir.· 1999-09-03 ·cited 72×
  The Eleventh Circuit held that "direct evidence" of employment discrimination means evidence from which a reasonable trier of fact could conclude by a preponderance of the evidence that an adverse employment action was taken because of a protected personal characteristic, rejecti
• United States v. Barron D. Fonner
  920 F.2d 1330· 7th Cir.· 1990-12-14 ·cited 72×
  A district court may consider conduct underlying an acquittal when sentencing, provided the standard of proof is met, and may not depart from Sentencing Guidelines based on prior convictions excluded by their terms or on mental health without specific justification.
• United States v. Williams
  798 F.2d 1024· 7th Cir.· 1986-08-15 ·cited 72×
  The court reversed Debbie Williams' conspiracy conviction due to insufficient evidence but affirmed convictions for David Williams and Wayne Russell.
• United States v. Tillman J. Bentley
  706 F.2d 1498· 8th Cir.· 1983-04-15 ·cited 72×
  The court held that the warrants were supported by probable cause, the co-conspirator statements were admissible, and the trial court did not err in evidentiary rulings or denying a new trial or mistrial.
• Cloud v. Fallis
  107 So. 2d 264· Fla. 2d DCA· 1958-06-27 ·cited 72×
  In a wrongful death case arising from a child struck by a car, the trial judge granted a motion for new trial after a jury verdict for the defendant, finding the verdict contrary to the manifest weight of evidence. The appellate court affirmed, holding that trial judges possess b
• United States v. Mieres-Borges
  919 F.2d 652· 11th Cir.· 1990-12-18 ·cited 71×
  The evidence was insufficient to convict Mieres-Borges beyond a reasonable doubt of possession with intent to distribute and conspiracy.
• Rollinson v. State
  743 So. 2d 585· Fla. 4th DCA· 1999-09-29 ·cited 70×
  Kevin Rollinson appeals his sentence under Florida's Prison Releasee Reoffender Act, challenging its facial constitutionality on multiple grounds. The Fourth District Court of Appeal upholds the Act, rejecting arguments that it violates ex post facto, single subject, separation o
• United States v. Wilson
  900 F.2d 1350· 9th Cir.· 1990-04-06 ·cited 70×
  The Sentencing Guidelines do not violate due process facially or as applied, and require factual determinations underlying sentencing factors to be proven by at least a preponderance of the evidence.
• United States v. Coltrane Chimurenga
  760 F.2d 400· 2d Cir.· 1985-04-10 ·cited 70×
  The court held that the district court's determination that release conditions would reasonably assure the defendant's appearance and community safety was not clearly erroneous.
• United States v. Smith
  578 F.2d 1227· 8th Cir.· 1978-05-17 ·cited 70×
  The court held that the admission of certain tape-recorded statements, even if inadmissible, constituted harmless error beyond a reasonable doubt with respect to Leonard Smith's conviction.
• United States v. Miller
  910 F.2d 1321· 6th Cir.· 1990-08-10 ·cited 69×
  The court is bound by circuit precedent to affirm the district court's application of the Sentencing Guidelines' relevant conduct provisions.
• United States v. Santiago
  906 F.2d 867· 2d Cir.· 1990-06-22 ·cited 68×
  The court held that prior uncharged narcotics transactions can be considered for sentencing if part of the same course of conduct, but a defendant cannot be denied acceptance of responsibility for refusing to admit to such uncharged conduct.
• Polcover v. Secretary OF the Treasury
  477 F.2d 1223· D.C. Cir.· 1973-04-04 ·cited 68×
  The court affirmed the district court's judgment, holding that the agency's removal of the appellant was supported by substantial evidence and that no procedural errors occurred.
• Berger v. E. Berger & Co.
  76 Fla. 503· Fla.· 1918-12-02 ·cited 68×
  E. Berger sold lumber to a corporation (which Berger helped lead as president) intended for resale under a specific contract with requirements known to Berger. When the lumber fell short in quantity and quality, the corporation sued for breach of warranty. The Florida Supreme Cou
• United States v. Munio
  909 F.2d 436· 11th Cir.· 1990-08-15 ·cited 67×
  A district court may rely on offense conduct not charged in the indictment to enhance a defendant's sentence under the relevant conduct provision, and the preponderance of the evidence standard is appropriate for such offense conduct.
• Liquid AIR Corp. v. Rogers
  834 F.2d 1297· 7th Cir.· 1987-11-13 ·cited 67×
  The court held that a preponderance of the evidence is sufficient for civil RICO claims and that repeated infliction of economic injury upon a single victim within a single scheme can constitute a pattern of racketeering activity.
• United States v. Kirk
  894 F.2d 1162· 10th Cir.· 1990-01-22 ·cited 66×
  The defendant bears the burden of proving entitlement to a sentence reduction for possessing a firearm for collection purposes by a preponderance of the evidence.
• Rigot v. Bucci
  245 So. 2d 51· Fla.· 1971-02-24 ·cited 66×
  Only a preponderance or greater weight of the evidence is required to establish fraud, regardless of whether the action is at law or in equity.
• United States v. Melendez-Carrion
  790 F.2d 984· 2d Cir.· 1986-05-02 ·cited 65×
  Pretrial detention for dangerousness, when excessively lengthy, constitutes punishment and violates due process. However, detention solely to prevent flight is permissible.
• Washington v. State
  653 So. 2d 362· Fla.· 1994-12-08 ·cited 64×
  Anthony Washington appeals his convictions for first-degree murder, burglary with battery, and sexual battery, along with his death sentence imposed by the trial court over a jury recommendation of life imprisonment. The Florida Supreme Court affirmed the convictions and death se
• United States v. Lawrence
  915 F.2d 402· 8th Cir.· 1990-10-09 ·cited 64×
  The court held that the defendant's cocaine involvement constituted the 'same course of conduct' as his marijuana conspiracy, but reversed the district court's approximation of the cocaine quantity due to insufficient evidence.
• United States v. Merbi Suarez
  911 F.2d 1016· 5th Cir.· 1990-08-30 ·cited 64×
  The court held that the district court erred by applying a revised sentencing guideline that removed the scienter requirement for firearm possession enhancements without making a finding of scienter, violating the ex post facto clause.
• United States v. Vaughn Ehret
  885 F.2d 441· 8th Cir.· 1989-09-13 ·cited 64×
  The court held that the district court did not err in using the clear and convincing evidence standard of proof for factual findings during sentencing under the Guidelines, and that the appellant failed to preserve the constitutional challenge to the special assessment for appell
• United States v. Acosta
  763 F.2d 671· 5th Cir.· 1985-06-06 ·cited 64×
  The court held that the trial court did not abuse its discretion in denying a written jury charge and in admitting co-conspirator hearsay statements subject to later connection, but reversed convictions due to insufficient evidence or lack of venue.
• United States v. Affleck
  765 F.2d 944· 10th Cir.· 1985-05-24 ·cited 64×
  The court's holding is not explicitly stated as the opinion is a dissent.
• United States v. Ballard
  586 F.2d 1060· 5th Cir.· 1978-12-22 ·cited 64×
  The court held that the trial court did not err in admitting the appellant's confession, nor was the appellant subjected to double jeopardy or collateral estoppel.
• Allstate Ins. Co. v. Vanater
  297 So. 2d 293· Fla.· 1974-05-29 ·cited 64×
  The Florida Supreme Court held that in reformation of contract actions, the proper burden of proof is clear and convincing evidence, not beyond a reasonable doubt. The Court reversed prior precedent that conflated these standards and clarified that reformation, as an equitable re
• In re Ballay
  482 F.2d 648· D.C. Cir.· 1973-05-31 ·cited 64×
  The court held that due process requires proof beyond a reasonable doubt for involuntary civil commitment, not merely a preponderance of the evidence.
• Castillo v. E.I. DU Pont de Nemours & Co., Inc.
  854 So. 2d 1264· Fla.· 2003-07-10 ·cited 63×
  The Florida Supreme Court reversed the Third District Court of Appeal's reversal of a jury verdict in a products liability case involving alleged exposure to Benlate fungicide during pregnancy. The Court held that the Castillos' expert testimony regarding benomyl's teratogenicity
• Selma Gross v. Lyons
  763 So. 2d 276· Fla.· 2000-05-18 ·cited 63×
  The Florida Supreme Court held that when a plaintiff sues the first of two successive tortfeasors and establishes liability, but a jury cannot apportion injuries between the two accidents, the first tortfeasor is liable for the entire indivisible injury. The Court adopted the ind
• United States v. Dario Restrepo
  903 F.2d 648· 9th Cir.· 1990-05-08 ·cited 63×
• Ulysses Adams, Jr. v. State
  376 So. 2d 47· Fla. 1st DCA· 1979-10-25 ·cited 63×
  Adams appeals his extended sentence as a habitual felony offender under Florida's Section 775.084 statute. The court holds that while sentencing courts may rely on presentence investigation reports in extended sentence proceedings, contested hearsay in those reports concerning un
• United States v. Neary
  552 F.2d 1184· 7th Cir.· 1977-03-31 ·cited 63×
• THE Florida BAR v. Morey A. Rayman and John H. Duhig
  238 So. 2d 594· Fla.· 1970-04-22 ·cited 63×
  The Florida Bar brought disciplinary charges against attorneys Morey A. Rayman and John H. Duhig for allegedly soliciting bribes from their client to influence a probate judge's decision in a will contest and misappropriating the funds. The Florida Supreme Court vacated the Board
• United States v. Wise
  976 F.2d 393· 8th Cir.· 1992-09-17 ·cited 62×
  The Court of Appeals affirmed the district court's sentencing decision, finding that the defendant's Sixth Amendment right to confrontation did not apply to sentencing proceedings and that the district court's reliance on hearsay evidence was permissible. The majority concluded t
• Nusspickel v. State
  966 So. 2d 441· Fla. 2d DCA· 2007-09-28 ·cited 61×
  Diana Nusspickel appealed her convictions for seven counts of misdemeanor battery arising from striking multiple individuals with a motor vehicle in a parking lot. The appellate court affirmed her convictions and sentences, rejecting her argument that the trial judge improperly c
• United States v. Allison
  908 F.2d 1531· 11th Cir.· 1990-08-17 ·cited 61×
  The court held that the prosecutor's stated reasons for striking African-American jurors were insufficient to rebut the prima facie case of discrimination established by the defendant.
• Mrs. Francis Nell Higginbotham v. Mobil OIL Corp.
  545 F.2d 422· 5th Cir.· 1977-01-13 ·cited 61×
  The court held that the trial court erred in applying the doctrine of res ipsa loquitur based on an insufficient standard of proof and a lack of adequate evidence.
• Williams v. Dickenson
  28 Fla. 90· Fla.· 1891-06-01 ·cited 61×
  Williams was sued in tort for maliciously hiring Prior Wheeler to burn Dickenson's gin house and contents. The Florida Supreme Court reversed the judgment, finding that while the trial court properly admitted most evidence and rejected the plea in abatement, the jury instructions
• Dep't of Health & Rehabilitative Servs. v. M.B.
  701 So. 2d 1155· Fla.· 1997-05-29 ·cited 60×
  The Florida Supreme Court held that Section 90.803(23) permits admission of a child abuse victim's prior out-of-court statements as substantive evidence even when inconsistent with the child's trial testimony, provided the statements meet strict reliability safeguards. The Court
• United States v. Carroll
  893 F.2d 1502· 6th Cir.· 1990-01-09 ·cited 60×
  The court held that the 'organizer or leader' enhancement under U.S.S.G. § 3B1.1(c) requires at least two culpable participants, and therefore, it was improperly applied to a defendant who organized only law enforcement agents. The court also held that criminal history enhancemen
• United States v. Ira Silverman
  889 F.2d 1531· 6th Cir.· 1989-11-21 ·cited 60×
  The court held that uncharged conduct, if sufficiently reliable and part of the same course of conduct or common scheme as the offense of conviction, can be considered for sentencing purposes under the Guidelines, even if it occurred prior to the Guidelines' effective date or was