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

• State v. Nicolosi
  830 So. 2d 281· Fla. 2d DCA· 2002-11-22 ·cited 2×
  The State appealed a downward departure sentence imposed on Joseph Nicolosi for attempted possession of cocaine, arguing the departure reasons lacked evidentiary support. The Florida appellate court reversed and remanded, holding that the trial court's departure findings were bas
• United States v. Medina Cuartes
  155 F. Supp. 2d 1338· S.D. Fla.· 2001-04-11 ·cited 2×
  The court adopted the magistrate judge's report and recommendation, denying the petitioner's claim to forfeited funds because he failed to establish bona fide purchaser status due to objectively unreasonable reliance on a third-party intermediary.
• Himes v. State
  775 So. 2d 381· Fla. 2d DCA· 2000-11-29 ·cited 2×
  The court held that attempted battery on a law enforcement officer is a nonexistent felony and reversed that conviction, but affirmed two grounds for departure sentences.
• State v. Knox
  753 So. 2d 681· Fla. 2d DCA· 2000-03-15 ·cited 2×
  The Florida appellate court reversed a downward departure sentence for sexual activity with a minor, holding that the trial court's reasons for departure (unsophisticated offense and remorse) were not supported by the evidence. The court remanded for resentencing within sentencin
• State v. Nelson
  780 So. 2d 91· Fla. 4th DCA· 2000-02-09 ·cited 2×
  The State appeals a downward departure sentence imposed upon remand for resentencing. The Fourth District reverses and remands, holding that while the trial court properly found the defendant had a substance abuse problem amenable to treatment under Herrin v. State, the court mus
• In re Amendments to the Florida Rules for Certified and Court-Appointed Mediators
  762 So. 2d 441· Fla.· 2000-02-03 ·cited 2×
  The Florida Supreme Court adopted comprehensive amendments to the Florida Rules for Certified and Court-Appointed Mediators, reorganizing and rewriting the ethical standards for mediators while addressing definitional issues and establishing new procedures for determining good mo
• City OF Daytona Beach v. Bush
  742 So. 2d 335· Fla. 5th DCA· 1999-07-30 ·cited 2×
  The City of Daytona Beach appealed the denial of its petition to forfeit a vehicle owned by Marsha Bush under Florida's Contraband Forfeiture Act. The court reversed, holding that the trial court applied the wrong legal standard by requiring proof of actual knowledge rather than
• Young v. State
  739 So. 2d 635· Fla. 2d DCA· 1999-07-14 ·cited 2×
  The court held that hearsay evidence alone cannot prove a probation violation.
• The Am. Tobacco Co. v. State
  697 So. 2d 1249· Fla. 4th DCA· 1997-07-23 ·cited 2×
  This case addresses the standard of proof necessary to establish the crime-fraud exception to the attorney-client privilege in Florida. The court rejected tobacco companies' argument that a preponderance of the evidence standard must be applied, instead adopting the Haines proced
• State v. Johnson
  696 So. 2d 1328· Fla. 3d DCA· 1997-07-23 ·cited 2×
• Garrett v. State
  684 So. 2d 305· Fla. 2d DCA· 1996-12-13 ·cited 2×
  The court held that the state failed to meet its burden of proving the victim's net loss by a preponderance of the evidence, and the restitution amount ordered was not supported by the evidence presented.
• Hopewell v. State
  680 So. 2d 600· Fla. 2d DCA· 1996-09-25 ·cited 2×
• Watson v. State
  679 So. 2d 1264· Fla. 5th DCA· 1996-09-20 ·cited 2×
  Patrick Watson challenged his conviction on two grounds: an alleged Batson violation in jury selection and the trial court's failure to make written findings when sentencing him as a habitual felony offender. The Florida appellate court rejected both arguments, finding the prosec
• Wensil v. Dep't of Env't Prot.
  675 So. 2d 1040· Fla. 1st DCA· 1996-07-03 ·cited 2×
  A career service employee of the Department of Environmental Protection appeals his dismissal by PERC for conduct unbecoming a public employee, based on child abuse charges and violation of a court order. The appellate court affirmed the dismissal, rejecting the employee's argume
• Wilson v. City OF Fort Pierce f/u/b/o the Fort Pierce Police Dep't
  673 So. 2d 123· Fla. 4th DCA· 1996-05-08 ·cited 2×
  The Wilsons appealed a forfeiture judgment against their grocery store based on alleged illegal food stamp sales. The court reversed and remanded for a new trial, holding that the trial court improperly directed a verdict on the forfeiture issue and shifted the burden of proof to
• United States v. Williams (In Re Williams)
  186 B.R. 521· M.D. Fla.· 1995-06-09 ·cited 2×
  A debtor's failure to pay taxes, even with awareness and ability to pay, does not constitute willful evasion under 11 U.S.C. § 523(a)(1)(C) if no additional evidence of evasion is presented.
• Fuller v. Johannessen
  180 B.R. 682· M.D. Fla.· 1995-03-27 ·cited 2×
  The court affirmed the Bankruptcy Court's dismissal of the debtors' claims, holding that the debtors failed to state causes of action for nondischargeability under the relevant Bankruptcy Code sections.
• C.K. v. Dep't OF Health & Rehabilitative Servs.
  651 So. 2d 746· Fla. 1st DCA· 1995-03-06 ·cited 2×
  The Florida District Court of Appeal reversed a parental rights termination order because the trial court relied on findings unsupported by properly admitted evidence at the adjudicatory hearing, including evidence of abuse/neglect of other siblings, a psychological evaluation no
• Donald Lee Rife, M.D. v. Dep't of Prof'l Reg.
  638 So. 2d 542· Fla. 2d DCA· 1994-05-13 ·cited 2×
  Dr. Rife appeals the Florida Board of Medicine's revocation of his medical license based on Vermont's prior revocation of his license for sexual misconduct with patients. The court holds that Florida may revoke a physician's license based on an out-of-state revocation even when t
• Gonzalez v. Liberty Mut. Ins. Co.
  634 So. 2d 178· Fla. 3d DCA· 1994-03-01 ·cited 2×
  Yesenia Gonzalez, as personal representative of Andrew Perez's estate, appealed a summary judgment dismissing her wrongful death action against Armando Valdes, who shot and killed Perez during an attempted burglary of Valdes's home. The court affirmed, holding that Florida Statut
• United States v. Elefant
  999 F.2d 674· 2d Cir.· 1993-07-27 ·cited 2×
  The court held that the obstruction of justice guideline was permissible for atypical conduct constituting theft, but the special skill enhancement for Hebrew knowledge was not warranted as it did not significantly facilitate the offense.
• Walls v. Armour Pharm. Co.
  832 F. Supp. 1467· M.D. Fla.· 1993-07-19 ·cited 2×
  The court held that the products liability statute of limitation, not the negligence statute, applied to the failure-to-warn claim, and the action was timely filed.
• United States v. Ojiabo Ifeanyi Onumonu
  999 F.2d 43· 2d Cir.· 1993-07-13 ·cited 2×
  The court held that an obstruction of justice enhancement for perjury does not require proof beyond a reasonable doubt or adherence to the two-witness rule, as sentencing standards are less stringent than those for criminal conviction.
• United States v. Corbin
  998 F.2d 1377· 7th Cir.· 1993-07-08 ·cited 2×
  The court held that a district court may calculate a defendant's sentence based on conduct related to an uncharged offense, such as aggravated assault, if that conduct is proven by reliable evidence, even if the defendant only pled guilty to a lesser charge.
• United States v. Smiley
  997 F.2d 475· 8th Cir.· 1993-07-07 ·cited 2×
  The court held that the district court erred in including an unproven quantity of heroin in the sentencing calculation.
• United States v. Jollie Rocky Allen Smith, III
  997 F.2d 396· 8th Cir.· 1993-06-29 ·cited 2×
• United States v. Lorenz Vilim Karlic
  997 F.2d 564· 9th Cir.· 1993-06-23 ·cited 2×
  The court held that the defendant knowingly created a substantial risk of death or serious bodily injury for sentencing enhancement purposes and that consecutive sentences for using explosives to commit a felony and for maliciously damaging property did not violate the Double Jeo
• United States v. Johnson
  997 F.2d 248· 7th Cir.· 1993-06-16 ·cited 2×
  The court affirmed the sentences imposed on both defendants, finding no reversible error in the district court's application of the Sentencing Guidelines or its evidentiary rulings.
• United States v. Becerra
  992 F.2d 960· 9th Cir.· 1993-05-05 ·cited 2×
  The court held that the district court erred by not instructing the jury on entrapment for LaRizza, but did not err in denying a duress instruction. The court also held that Jose Becerra's sentence was improperly based on a drug quantity he could not have foreseen.
• United States v. Crawford
  991 F.2d 1328· 7th Cir.· 1993-04-23 ·cited 2×
  The court held that undelivered marijuana negotiated by the defendant, even if not part of a conspiracy conviction, can be attributed to him for sentencing if it was part of the same course of conduct and reasonably foreseeable, and if the defendant intended and was capable of co
• United States v. McCUTCHEN
  992 F.2d 22· 3d Cir.· 1993-04-13 ·cited 2×
  The court held that extrapolating drug quantity from a randomly sampled subset of vials is permissible if there is an adequate factual basis and the method is consistent with accepted standards of reliability.
• United States v. Sanders
  990 F.2d 582· 10th Cir.· 1993-04-09 ·cited 2×
  The court held that the Armed Career Criminal Act applies to prior convictions that occurred on the same date, and that sentencing enhancements for possessing a stolen firearm and possessing a firearm in connection with another felony were properly applied.
• Allred v. Rena Chynoweth
  990 F.2d 527· 10th Cir.· 1993-03-31 ·cited 2×
  The dissenting judge argues that the plaintiffs' wrongful death action is barred by the statute of limitations because they unreasonably delayed filing suit, despite knowing of the tortious death within the statutory period.
• United States v. Streich
  987 F.2d 104· 2d Cir.· 1993-03-01 ·cited 2×
  The court affirmed the district court's sentencing enhancements, holding that the defendant waived his right to challenge factual allegations in the Presentence Report by failing to object properly, and that hearsay evidence is admissible at sentencing.
• United States v. Pollard
  986 F.2d 44· 3d Cir.· 1993-02-18 ·cited 2×
  A defendant may be sentenced based on conduct for which they were not charged, as long as that conduct is proven by a preponderance of the evidence and considered relevant under the Sentencing Guidelines.
• United States v. Conkins
  987 F.2d 564· 9th Cir.· 1993-02-18 ·cited 2×
  The court held that a prior plea agreement did not bar subsequent prosecution for uncharged conduct, collateral estoppel did not apply to distinct conspiracy and substantive charges, and that certain defendants required resentencing due to the district court's failure to make exp
• United States v. Isirov
  986 F.2d 183· 7th Cir.· 1993-02-12 ·cited 2×
  The court held that the district court did not err in calculating the drug amount or imposing a leadership enhancement, as the defendant failed to meet his burden of production to challenge the PSR's findings.
• United States v. Cecil Gibson (90-6403) & Johnny Ray Baker (90-6431)
  985 F.2d 860· 6th Cir.· 1993-02-10 ·cited 2×
  The court held that aggregating drug quantities from dismissed counts is permissible if supported by a preponderance of the evidence, and that confrontation rights do not apply at sentencing hearings.
• United States v. Mahler
  984 F.2d 899· 8th Cir.· 1993-01-25 ·cited 2×
  The court held that a defendant cannot withdraw a guilty plea based on a misunderstanding of the sentencing guideline range when the plea agreement explicitly stated the court was not bound by recommendations and the defendant acknowledged this uncertainty. The court also held th
• United States v. Elwell
  984 F.2d 1289· 1st Cir.· 1993-01-20 ·cited 2×
  The court affirmed convictions for conspiracy and witness intimidation, but remanded one defendant's sentence for resentencing due to issues with career offender status based on prior convictions.
• Local 32B-32J Serv. Emps. Int'l Union, AFL-CIO v. Nat'l Labor Relations Bd.
  982 F.2d 845· 2d Cir.· 1993-01-07 ·cited 2×
  The National Labor Relations Board (NLRB) was not collaterally estopped by state-court rulings on arbitration from determining successor employer status, and the Board may require clear and convincing evidence to find assumption of a collective bargaining agreement.
• United States v. Dane Clark Courtney
  979 F.2d 45· 5th Cir.· 1992-11-25 ·cited 2×
  The court held that a district court cannot impose both imprisonment and a new term of supervised release after revoking an original term of supervised release. It also found the district court erred in its determination of cocaine possession based on unspecified prior testimony.
• United States v. Jackson
  978 F.2d 903· 5th Cir.· 1992-11-23 ·cited 2×
  The court held that presentence reports are not discoverable under the Jencks Act, but due process requires disclosure of exculpatory material within them after in camera review. The court also held that interstate transportation is jurisdictional for federal kidnapping charges a
• United States v. Billingsley
  978 F.2d 861· 5th Cir.· 1992-11-18 ·cited 2×
  The court held that the district court did not err in departing upward from the guideline range based on the victim's death, and any error in adjusting the offense level for risk of serious bodily injury was harmless.
• United States v. Monroe
  978 F.2d 433· 8th Cir.· 1992-10-29 ·cited 2×
  The court held that the district court applied the wrong proof standard for sentencing and the evidence was equivocal, requiring remand for reconsideration.
• United States v. Breitkreutz
  977 F.2d 214· 6th Cir.· 1992-09-30 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the motion to strike testimony for alleged grand jury abuse, nor in admitting the drug ledger and a co-conspirator's judgment and commitment order.
• United States v. Gillespie
  974 F.2d 796· 7th Cir.· 1992-08-20 ·cited 2×
  The court held that the prosecutor's failure to provide target warnings in contravention of internal policy did not warrant suppression of grand jury testimony, and that the written warnings provided were constitutionally sufficient.
• Bressler v. Fortune Magazine
  971 F.2d 1226· 6th Cir.· 1992-08-06 ·cited 2×
  The court held that the majority's analysis of actual malice was flawed by revising the article's statements into a 'gist' and failing to give deference to the jury's credibility determinations.
• In re Food Catering & Hous., Inc. v. Chemcarb, Inc.
  971 F.2d 396· 9th Cir.· 1992-07-31 ·cited 2×
  The court held that a payment made by a third party assuming the debtor's antecedent debt is a voidable preference, and that late, large payments did not qualify for the ordinary course of business exception.
• In re Beaubouef v. Beaubouef
  966 F.2d 174· 5th Cir.· 1992-07-16 ·cited 2×
  The court held that the bankruptcy court did not err in admitting evidence of the debtor's ownership in American Container, nor in denying his discharge based on a false oath.