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

• Viele v. Division OF Retirement
  642 So. 2d 1124· Fla. 1st DCA· 1994-09-16 ·cited 4×
• Kennedy v. State
  641 So. 2d 135· Fla. 5th DCA· 1994-07-01 ·cited 4×
  Brian P. Kennedy appeals his conviction for first-degree felony murder, robbery, and grand theft of a motor vehicle, challenging the trial court's denial of his motion to suppress his confession. The court affirmed, holding that although the interrogating officer's reference to i
• In the Interest of R.W.P. v. Penchansky
  634 So. 2d 722· Fla. 3d DCA· 1994-03-22 ·cited 4×
  HRS and the Guardian Ad Litem appealed the denial of a petition to terminate the parental rights of a mother incarcerated for sexual abuse of her older daughters and unable to care for her infant son. The court reversed and remanded, holding that the trial court improperly exclud
• United States v. Garcia
  994 F.2d 1499· 10th Cir.· 1993-05-20 ·cited 4×
  The court held that the evidence was sufficient to support the conspiracy conviction, but the drug quantity calculation for sentencing was clearly erroneous. The court also found no plain error regarding the admission of coconspirator statements, lay opinion testimony, or the cro
• Alisa Bradley and Ronald Bradley v. Sec'y OF the Dep't OF Health & Human Servs.
  991 F.2d 1570· Fed. Cir.· 1993-04-22 ·cited 4×
  The court affirmed the Claims Court's judgment because the special master's decision was not arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
• Deangelus v. State
  614 So. 2d 1194· Fla. 2d DCA· 1993-02-26 ·cited 4×
  Appellant's conviction for driving under the influence stands, and restitution is properly imposed, but the amount of $95,172.23 is reversed because appellant established her inability to pay and must be remanded for a reasonable amount within her financial capacity.
• United States v. Yanez
  985 F.2d 371· 7th Cir.· 1993-02-10 ·cited 4×
  The court affirmed the sentences of both defendants, finding no clear error in the district court's factual findings regarding sentencing enhancements, drug quantities, acceptance of responsibility, and plea agreement interpretations.
• United States v. Portalla
  985 F.2d 621· 1st Cir.· 1993-02-08 ·cited 4×
  The court held that the district court's factual findings supporting the revocation of supervised release were adequately supported by reliable evidence, even if some of it was hearsay not admissible in a trial.
• In re Pasek v. Pasek
  983 F.2d 1524· 10th Cir.· 1993-01-20 ·cited 4×·via Burden Of Proof By Preponderance Of The Evidence
  A debt is not dischargeable under 11 U.S.C. § 523(a)(6) only if the debtor acted with intent to cause injury, not merely with intent to perform the act that caused injury.
• Briley v. Hidalgo
  981 F.2d 246· 5th Cir.· 1993-01-20 ·cited 4×
  The court held that a default judgment based on a discharged debt is void and can be vacated under Rule 60(b)(4) without a time limit, and that the creditor had actual notice of the bankruptcy. Therefore, the default judgment was properly vacated.
• United States v. Morse
  983 F.2d 851· 8th Cir.· 1993-01-05 ·cited 4×
  The court should reverse and remand the sentence because the district court improperly considered pending charges as a basis for upward departure.
• United States v. Underwood
  982 F.2d 426· 10th Cir.· 1992-12-24 ·cited 4×
  The court held that the district court properly applied the firearm enhancement based on foreseeable codefendant possession and correctly included drug quantities not alleged in the indictment for sentencing.
• United States v. Fragoso
  978 F.2d 896· 5th Cir.· 1992-11-23 ·cited 4×
  The court affirmed the conviction and sentence, holding that the trial court did not err in its Jencks Act determinations, its admission of coconspirator statements, its jury instructions, or its sentencing procedures, and that any errors were harmless.
• United States v. Reyes
  979 F.2d 1406· 10th Cir.· 1992-11-17 ·cited 4×
  The court held that the district court's finding that the defendant negotiated for the sale of an additional pound of cocaine was clearly erroneous, as the evidence did not support an agreement or negotiation.
• Brown v. Walt Disney World Co.
  805 F. Supp. 1554· M.D. Fla.· 1992-11-03 ·cited 4×
  The court held that while race was a motivating factor in employment decisions, the employer would have made the same termination decision based on performance issues alone.
• United States v. Johnson
  973 F.2d 857· 10th Cir.· 1992-08-25 ·cited 4×
  The government did not violate the plea agreement by informing the probation officer and court of a mandatory sentence enhancement, and the evidence was sufficient to support the enhancement.
• United States v. Harris
  973 F.2d 333· 4th Cir.· 1992-08-19 ·cited 4×
  The court affirmed the district court's dismissal of the indictment, holding that the government failed to prove its evidence was derived from sources independent of the defendant's compelled, immunized testimony.
• United States v. Carter
  971 F.2d 597· 10th Cir.· 1992-07-31 ·cited 4×·via Burden Of Proof By Preponderance Of The Evidence
  The court held that the defendant failed to meet her burden of proving by a preponderance of the evidence that she was a minimal or minor participant in the criminal activity, and thus the district court's finding was not clearly erroneous.
• United States v. Melton
  970 F.2d 1328· 4th Cir.· 1992-07-01 ·cited 4×
  The court held that the district court did not err in departing upward from the Sentencing Guidelines based on the defendant's murder of a drug informant, nor in applying enhancements for role in the offense and obstruction of justice.
• United States v. Egbuniwe
  969 F.2d 757· 9th Cir.· 1992-06-30 ·cited 4×
  The court held that the district court did not abuse its discretion in excusing a juror for just cause and proceeding with an eleven-person jury, nor did it err in calculating the defendant's sentence based on the total amount of heroin involved in the conspiracy.
• In re Martin v. Martin
  963 F.2d 809· 5th Cir.· 1992-06-24 ·cited 4×
  The court held that the bankruptcy court's findings of fact were not clearly erroneous and that the bankruptcy judge did not abuse her discretion in refusing to allow a rebuttal witness to testify.
• United States v. Chang Ho KIM
  963 F.2d 65· 5th Cir.· 1992-06-03 ·cited 4×
  The court held that the 'retail value of the infringing items' under U.S.S.G. § 2B5.4 refers to the value of the counterfeit goods, not the genuine ones, but affirmed the sentence because the defendant failed to present sufficient evidence of the counterfeit items' retail value.
• United States v. Thompson
  962 F.2d 1069· D.C. Cir.· 1992-05-08 ·cited 4×
  A defendant's sentence can be enhanced for obstruction of justice based on perjured testimony, even if the testimony is not inherently implausible, as long as the judge finds the testimony was willfully false and intended to obstruct justice.
• Bianco v. State
  594 So. 2d 861· Fla. 4th DCA· 1992-03-04 ·cited 4×
  Myra Bianco appealed her sentence following guilty pleas to multiple counts of grand theft involving fraud and misappropriation of funds in home construction contracts. The court reversed and remanded for modification of restitution amounts owed to two victims, finding the trial
• In re Watson v. Watson
  958 F.2d 977· 10th Cir.· 1992-03-03 ·cited 4×
  A creditor's reliance on a debtor's false financial statement can be reasonable even without independent verification, particularly when the debtor is introduced by a known customer who agrees to guarantee the loan.
• McKeon v. Vaicaitis
  785 F. Supp. 965· M.D. Fla.· 1992-02-24 ·cited 4×
  The court held that the plaintiff failed to establish a prima facie case of discrimination or constructive discharge, and therefore summary judgment for the defendant was appropriate.
• Amax Coal Co. v. Beasley
  957 F.2d 324· 7th Cir.· 1992-02-19 ·cited 4×
  The court held that the Administrative Law Judge erred in weighing the medical evidence and that the employer successfully rebutted the presumption of disability due to coal worker's pneumoconiosis.
• Spitz v. Commissioner OF Internal Revenue
  954 F.2d 1382· 7th Cir.· 1992-01-27 ·cited 4×
  The court held that the government failed to prove tax fraud by clear and convincing evidence, and the Tax Court's finding of fraud was clear error.
• Yusuf D. Amin v. Merit Sys. Prot. Bd.
  951 F.2d 1247· Fed. Cir.· 1991-12-17 ·cited 4×
  The court held that under the amended 5 U.S.C.A. § 7703(a)(2), employing agencies are the proper respondents when appeals involve the merits of underlying personnel actions or attorney fees, while the MSPB is the respondent for jurisdictional or procedural matters. The court also
• United States v. Hoskie
  950 F.2d 1388· 9th Cir.· 1991-12-06 ·cited 4×
  The court held that the district court committed clear error in finding the defendant competent to stand trial, as the evidence did not demonstrate he could rationally understand the proceedings or assist counsel, and the court improperly considered dangerousness.
• United States v. Ferra
  948 F.2d 352· 7th Cir.· 1991-11-19 ·cited 4×
  The court affirmed the conviction but questioned the sentence imposed, suggesting it rested on incredible assumptions and potentially improper exercise of discretion.
• United States v. Brown
  946 F.2d 1191· 6th Cir.· 1991-10-10 ·cited 4×
  The court held that the district court's refusal to give an addict-informant instruction, when the informant's testimony was uncorroborated on crucial points, constituted plain error depriving the defendant of a fair trial.
• United States v. Luckey Richardson, Jr.
  943 F.2d 547· 5th Cir.· 1991-09-20 ·cited 4×
  The court held that the good faith exception to the exclusionary rule applies even when a warrant is technically invalid due to a magistrate's failure to administer a proper oath, as long as the officers acted with an objectively reasonable belief in the warrant's validity.
• United States v. Hill
  943 F.2d 873· 8th Cir.· 1991-09-04 ·cited 4×
  The court held that the record did not support the two-level increase for obstruction of justice based on post-arrest phone calls, as the government failed to prove the calls were intended to intimidate.
• United States v. Gessa
  944 F.2d 265· 6th Cir.· 1991-08-29 ·cited 4×
  The court held that the prior panel decision and judgment are vacated, and the case is restored to the docket for en banc rehearing.
• United States v. Brown
  940 F.2d 1090· 7th Cir.· 1991-08-21 ·cited 4×
  The court held that the district court did not err in admitting tape-recorded co-conspirator statements and that sufficient evidence supported the conviction.
• Rouser v. State
  579 So. 2d 842· Fla. 4th DCA· 1991-05-15 ·cited 4×
  Rouser was convicted of trafficking cocaine and possessing marijuana after police obtained drugs from a warrantless vehicle search. The appellate court affirmed the trafficking conviction, finding probable cause for the initial vehicle search and voluntary consent, but reversed t
• Johnson v. Sch. Bd. OF Dade Cnty.
  578 So. 2d 387· Fla. 3d DCA· 1991-04-16 ·cited 4×
  A Dade County public school teacher appeals the School Board's decision to dismiss him rather than accept a hearing examiner's recommendation of a one-year suspension. The court affirms the dismissal, finding that the facts support both the misconduct charge and a gross insubordi
• Goudy & Stevens, Inc. v. Cable Marine, Inc.
  924 F.2d 16· 1st Cir.· 1991-01-23 ·cited 4×
  The court held that the appellants failed to prove by a preponderance of the evidence that the appellee's actions or omissions proximately caused the vessel's sinking, and thus affirmed the district court's decision.
• Girani v. Fed. Aviation Admin.
  924 F.2d 237· Fed. Cir.· 1991-01-23 ·cited 4×
  An arbitrator's finding that an agency's removal decision was 'clearly reasonable' does not indicate a misapplication of the 'preponderance of the evidence' standard required by 5 U.S.C. § 7701(c)(1)(B).
• In re the Marriage of John Henry Clay Smith, Jr. v. Smith
  571 So. 2d 1384· Fla. 1st DCA· 1990-12-26 ·cited 4×
  In a matrimonial dissolution case, the Florida District Court of Appeal reversed the trial court's distribution of marital property, finding insufficient evidence that the husband stole the wife's jewelry and erred in treating pre-marital property as marital assets.
• Thomas v. Cincinnati Bd. OF Educ.
  918 F.2d 618· 6th Cir.· 1990-11-06 ·cited 4×
  The court held that the district court erred in reversing the State Level Reviewing Officer's decision, finding that the CBE did not violate procedural safeguards and that the revised IEP providing home instruction was reasonably calculated to provide educational benefits.
• United States v. Filippi
  918 F.2d 244· 1st Cir.· 1990-11-02 ·cited 4×
  The court held that while the government's actions may have violated the defendant's Sixth Amendment right to compulsory process, the defendant waived this right by choosing to proceed to trial without the witness. The court also affirmed the denial of the mistrial and acquittal
• Haynes v. Manning
  917 F.2d 450· 10th Cir.· 1990-10-22 ·cited 4×
  The court held that the proper burden of proof for federal odometer claims is preponderance of the evidence, not clear and convincing evidence, and that 'intent to defraud' includes reckless disregard.
• Davis v. State
  567 So. 2d 25· Fla. 2d DCA· 1990-09-19 ·cited 4×
  Lee Curtis Davis appeals his convictions for sexual battery with physical force against a twelve-year-old victim, arguing these are not lesser-included offenses of his originally charged crime of sexual battery against a physically helpless victim. The appellate court affirms bot
• United States v. Hurtado
  899 F.2d 371· 5th Cir.· 1990-05-11 ·cited 4×
  The court held that the district court erred by applying the preponderance of the evidence standard instead of the clear and convincing evidence standard to determine the voluntariness of consent to search, requiring remand. The court also held that the defendant was not in custo
• United States v. Tobias
  899 F.2d 1375· 4th Cir.· 1990-02-09 ·cited 4×
  The court held that the evidence supported the jury's verdict that the Johnsons failed to establish title by adverse possession, and thus the district court erred in granting judgment n.o.v.
• Fletcher L. Allen v. Allied Plant Maint. Co. OF Tenn., Inc. & Int'l Union of Operating Eng'rs, AFL-CIO
  881 F.2d 291· 6th Cir.· 1989-07-31 ·cited 4×
  The court held that the district court erred in reducing attorney fees by thirty-five percent based on partial success when the claims shared a common core of facts.
• Leucadia, Inc. v. Reliance Ins. Co.
  864 F.2d 964· 2d Cir.· 1988-12-22 ·cited 4×
  The court held that the fidelity bonds only covered losses from acts committed during the bond periods, and while the trial court erred in applying a uniform 'clear and convincing' standard of proof for both fraud and dishonesty, this error was harmless as no reasonable jury coul
• Damaris Nazario v. State
  535 So. 2d 295· Fla. 4th DCA· 1988-10-26 ·cited 4×
  A trial court correctly applied the preponderance-of-evidence standard in finding voluntary consent to search luggage obtained during a lawful police encounter aboard a bus, where the defendant signed a consent form and never withdrew her consent.