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

• Handgards, Inc. v. Ethicon, Inc.
  601 F.2d 986· 9th Cir.· 1979-05-03 ·cited 60×
  The court concurred in the result of the majority opinion but expressed reservations about addressing certain antitrust immunity issues not raised by the parties.
• United States v. Boston
  508 F.2d 1171· 2d Cir.· 1974-12-12 ·cited 60×
  The court held that the appellants' convictions for bank robbery and using deadly weapons were supported by ample evidence and that their grounds for appeal, including issues related to arrest, confession, photographic identification, and apartment search, were without merit.
• Jacksonville Elec. Co. v. Sloan
  52 Fla. 257· Fla.· 1906-06-01 ·cited 60×
  Jacksonville Electric Company appeals a $14,000 wrongful death verdict for an employee (Sloan) electrocuted while working on a broken power line. The Florida Supreme Court affirmed, holding that the company had a duty to ensure workers' safety and that evidence supported the jury
• Sec. & Exch. Comm'n v. First Fin. Grp. OF Tex.
  645 F.2d 429· 5th Cir.· 1981-05-20 ·cited 59×
  The court held that the preponderance of the evidence standard applies to SEC preliminary injunctions and that the district court had jurisdiction to appoint a receiver despite a pending bankruptcy petition.
• Paul v. United States Immigr. & Naturalization Serv.
  521 F.2d 194· 5th Cir.· 1975-10-17 ·cited 58×
  The dissenting judge argued that the order of the Board should be vacated and the cause remanded for further evidence development and reconsideration.
• United States v. 5 Cases
  179 F.2d 519· 2d Cir.· 1950-01-10 ·cited 58×
  The court held that the evidence was sufficient to support the jury's verdict of adulteration and misbranding, and that the trial court did not err in its procedural rulings.
• Dep't of Hwy. Safety & Motor Vehicles v. Mowry
  794 So. 2d 657· Fla. 5th DCA· 2001-07-20 ·cited 57×
  The Department of Highway Safety and Motor Vehicles sought certiorari review of a circuit court order that had quashed the Department's suspension of Mowry's driver's license based on insufficient evidence of Intoxilyzer maintenance compliance. The Florida Fifth District Court of
• United States v. Perdomo
  927 F.2d 111· 2d Cir.· 1991-03-06 ·cited 56×
  The court held that prior drug negotiations could be included in the base offense level as part of the 'same course of conduct' and that the role in the offense adjustment could consider uncharged conduct, but remanded for reconsideration of the obstruction of justice enhancement
• Stamicarbon v. Escambia Chem. Corp.
  430 F.2d 920· 5th Cir.· 1970-07-21 ·cited 56×
  The court held that the district court's findings were not clearly erroneous and that the articulation of a 'beyond a reasonable doubt' standard of proof for patent invalidity was not reversible error in this context. The court affirmed the judgment of patent infringement.
• Bretherick v. State
  170 So. 3d 766· Fla.· 2015-07-09 ·cited 55×
  The Florida Supreme Court held that a defendant asserting Stand Your Ground immunity under section 776.032 bears the burden of proving entitlement to immunity by a preponderance of the evidence at a pretrial evidentiary hearing, not the State's burden to disprove it beyond a reas
• Gonzalez v. State
  578 So. 2d 729· Fla. 3d DCA· 1991-04-02 ·cited 55×
  A Florida appellate court reversed a drug trafficking conviction, holding that police violated the Fourth Amendment by conducting a warrantless, nonconsensual protective sweep of the defendant's home and that this illegal search tainted and rendered involuntary the homeowner's su
• Allen v. Kennedy
  710 F.2d 711· 11th Cir.· 1983-07-28 ·cited 55×
  The court held that the appellants violated Rule 10b-5 by engaging in a fraudulent scheme in connection with the sale of securities, and that the district court properly denied their motion to dismiss, certified the class action, and made no clearly erroneous findings of fact.
• Tenn. Consol. Coal Co. & Grundy Coal Co. v. United Mine Workers OF Am.
  416 F.2d 1192· 6th Cir.· 1969-09-19 ·cited 55×
  The court held that there was substantial evidence to support the jury's verdict finding the United Mine Workers of America liable for antitrust violations, and that the jury instructions, including the 'clear proof' standard for union liability under the Norris-LaGuardia Act, we
• United States v. Townley
  929 F.2d 365· 8th Cir.· 1991-03-27 ·cited 54×
  The court held that the search warrant was valid under the good faith exception and the evidence was sufficient for the firearm conviction, but reversed the sentencing enhancement based on uncharged drug quantities due to insufficient evidence.
• Anne Anderson v. Cryovac, Inc.
  862 F.2d 910· 1st Cir.· 1988-12-07 ·cited 54×
  The court held that the district court did not err in making post-verdict findings on omitted issues under Rule 49(a) when the parties, particularly the plaintiffs, had acquiesced in the interrogatory's phrasing, and the findings were not clearly erroneous.
• Margo Lynch v. Merrell-National Labs.
  830 F.2d 1190· 1st Cir.· 1987-09-30 ·cited 54×
  The court held that the plaintiffs' expert testimony on causation was inadmissible due to a lack of scientific foundation, and therefore summary judgment for the defendant was appropriate.
• Jackson v. State
  366 So. 2d 752· Fla.· 1978-10-26 ·cited 54×
  Ronald Jackson was convicted of first-degree murder and sentenced to death for killing a robbery victim by shooting and suffocation. The Florida Supreme Court affirmed the conviction and death sentence, finding the crime heinous and atrocious, with aggravating circumstances subst
• Mitchell v. United States
  482 F.2d 289· 5th Cir.· 1973-08-16 ·cited 54×
  The court held that a defendant's right to attack prior convictions used in sentencing is not waived by admitting the correctness of his criminal record, and no exhaustion of remedies is required in other courts before bringing a § 2255 motion.
• Nixon v. State
  2 So. 3d 137· Fla.· 2009-01-22 ·cited 53×
  Joe Elton Nixon, convicted and sentenced to death for a 1984 murder, appealed the trial court's denial of his motion for postconviction relief claiming mental retardation bars his execution under Atkins v. Virginia. The Florida Supreme Court affirmed the trial court's finding tha
• State v. Warner
  721 So. 2d 767· Fla. 4th DCA· 1998-11-18 ·cited 53×
  The State appeals a trial court's downward departure sentence imposed after the defendant pleaded guilty to three DUI counts. The court had indicated the sentence it would impose before the plea, and the State objected. The Fourth District reversed, holding that while a court may
• Morris v. State
  727 So. 2d 975· Fla. 5th DCA· 1999-01-08 ·cited 52×
  Morris appeals his probation revocation sentences in two criminal cases for trafficking/stolen property and grand theft. The court affirmed the probation violation finding despite Morris's argument that the evidence was solely hearsay, holding that corroborating direct evidence f
• United States v. Galloway
  976 F.2d 414· 8th Cir.· 1992-09-17 ·cited 52×
  The court held that U.S.S.G. § 1B1.3(a)(2) is authorized by statute and does not violate constitutional rights, allowing consideration of uncharged conduct in sentencing.
• United States v. Smith
  951 F.2d 1164· 10th Cir.· 1991-11-15 ·cited 52×
  The court held that the district court erred in calculating the loss amount and enhancing the sentence for the defendant's role as an organizer, as the record did not support these findings.
• United States v. Alfaro
  919 F.2d 962· 5th Cir.· 1990-12-13 ·cited 52×
  The court affirmed the district court's sentencing enhancements, finding that the defendant was a manager or supervisor of a criminal activity involving five or more participants and that he did not clearly demonstrate acceptance of personal responsibility for his criminal conduc
• Delrick Johnson v. State
  564 So. 2d 1174· Fla. 4th DCA· 1990-08-08 ·cited 52×
  The court held that the trial court properly applied the habitual offender statute and that the statute itself is constitutional.
• Carita Richardson v. Richardson-Merrell, Inc.
  857 F.2d 823· D.C. Cir.· 1988-09-27 ·cited 52×
  The court held that the trial court properly granted judgment notwithstanding the verdict because the plaintiff's expert testimony lacked an adequate scientific basis to establish causation by a preponderance of the evidence.
• United States v. Hill
  798 F.2d 402· 10th Cir.· 1986-08-11 ·cited 52×
  A district court's authority to order restitution under the Victim and Witness Protection Act (VWPA) is not limited by the amount specified in the indictment or the specific counts of the offense.
• United States v. Trowery
  542 F.2d 623· 3d Cir.· 1976-09-23 ·cited 52×
  The court held that statements made by a co-defendant in furtherance of a joint criminal undertaking are admissible under the co-conspirator exception to the hearsay rule, even without a conspiracy charge in the indictment. The court also found the admission of the defendant's pr
• Twin City Plaza, Inc. v. Cent. Sur. & Ins. Corp.
  409 F.2d 1195· 8th Cir.· 1969-04-18 ·cited 52×
  The court held that evidence regarding the replacement of sewer pipe with cast iron was not covered by the original contract and performance bond, but expert testimony regarding alleged faulty original construction should have been admitted.
• United States v. Postma
  242 F.2d 488· 2d Cir.· 1957-02-21 ·cited 52×
  The court denied petitions for rehearing, finding no fatal variance in the conspiracy charge and that evidence was properly admitted. The court also stayed the mandate pending a certiorari application.
• Burns v. Burns
  153 Fla. 73· Fla.· 1943-05-21 ·cited 52×
  In this matrimonial dispute, the Florida Supreme Court affirmed a divorce decree for the husband based on the wife's alleged extreme cruelty. The court upheld the chancellor's reliance on competent evidence and addressed the proper role of special masters in reporting witness cre
• Hirschman v. Hodges
  59 Fla. 517· Fla.· 1910-01-01 ·cited 52×
  This case involved a fraud claim arising from the purchase of a turpentine operation. Peterson alleged that the seller, Hodges, O'Hara & Russell Company, made false and fraudulent representations about the property's acreage, timber resources, and crop production to induce the pu
• Soledad B. Parken v. Safford
  48 Fla. 290· Fla.· 1904-06-01 ·cited 52×
  The appellate court reversed a lower court's decree, finding that the complainant failed to prove the execution and delivery of two deeds. The court emphasized the need for proper proof of deed execution and delivery, especially when minors are involved.
• John D. C. v. State
  16 Fla. 554· Fla.· 1878-01-01 ·cited 52×
  In this 1878 Florida bastardy case, John D. C. was found liable for child support after a jury determined he was the father of Julia V. H.'s illegitimate child. The Supreme Court reversed the judgment due to the trial court's failure to instruct the jury that the mother had a fin
• In re Petition of Jane DOE for a Judicial Waiver of Parental Notice of Termination of Pregnancy. Jane Doe
  932 So. 2d 278· Fla. 2d DCA· 2005-11-10 ·cited 51×
  Jane Doe, a 17-year-old pregnant minor, sought judicial waiver of Florida's parental notification requirement for abortion under Fla. Stat. § 390.01114. The circuit court dismissed her petition, but the District Court of Appeal reversed, finding the trial court's order lacked suf
• United States v. Alejo Maldonado Medina
  761 F.2d 12· 1st Cir.· 1985-04-26 ·cited 51×
  The court held that evidence of a prior kidnapping was admissible under Federal Rule of Evidence 404(b) and as proof of an overt act, and that the district court did not abuse its discretion in admitting coconspirator statements or in its handling of pretrial publicity and jury i
• Wieczoreck v. H & H Builders, Inc.
  450 So. 2d 867· Fla. 5th DCA· 1984-05-03 ·cited 51×
  In this supplementary proceeding, the court affirmed a judgment finding that a property conveyance from Nelson L. Davis to Theodore Wieczoreck constituted a fraudulent transfer designed to defraud Davis's creditors. The court resolved a split in Florida authority by holding that
• Fain v. Cartwright
  132 Fla. 855· Fla.· 1938-06-17 ·cited 51×
  In this negligence case arising from an automobile collision, the Florida Supreme Court affirmed a jury verdict for damages against the defendant for injuries and economic losses suffered by the plaintiff. The court upheld the trial court's evidentiary and procedural rulings, inc
• United States v. Fortier
  911 F.2d 100· 8th Cir.· 1990-08-07 ·cited 50×
  Consideration of disputed cocaine amount at sentencing violated the Confrontation Clause due to unreliable hearsay evidence.
• United States v. Pighetti
  898 F.2d 3· 1st Cir.· 1990-03-02 ·cited 50×
  The court held that it lacks jurisdiction to review the extent of a downward departure from the sentencing guidelines when the defendant is dissatisfied with the amount of the departure.
• United States v. Watford
  894 F.2d 665· 4th Cir.· 1990-01-16 ·cited 50×
  The court affirmed the convictions and sentences, finding sufficient evidence and upholding the district court's sentencing decisions despite complexities with pre- and post-guideline conduct.
• United States v. Richard
  738 F.2d 1120· 10th Cir.· 1984-07-17 ·cited 50×
  The court held that the district court did not abuse its discretion in ordering restitution, as the complexity of determining the exact amount of loss did not unduly complicate or prolong the sentencing process under the Victim and Witness Protection Act.
• United States v. McKEON
  738 F.2d 26· 2d Cir.· 1984-06-20 ·cited 50×
  The court held that a prior opening statement by defense counsel is admissible against a criminal defendant in a subsequent trial if it constitutes an admission of a party-opponent and meets specific evidentiary standards, and that disqualification of counsel was proper when thei
• United States v. Jabara
  644 F.2d 574· 6th Cir.· 1981-03-16 ·cited 50×
  The court held that findings of fact in criminal cases are subject to the 'clearly erroneous' standard of review, even when based solely on documentary evidence, and that each act of interstate travel under the Travel Act constitutes a separate offense.
• G. H. Miller & Co. v. United States & Ezra Taft Benson
  260 F.2d 286· 7th Cir.· 1958-01-07 ·cited 50×
  The Court of Appeals cannot modify penalties imposed by an administrative agency if they are within statutory limits and reasonably related to the violations found.
• Edney v. Stinson
  90 Fla. 335· Fla.· 1925-10-16 ·cited 50×
  The Florida Supreme Court affirmed a trial court's decree granting Minnie McCaskill Stinson an easement over a twelve-foot strip of land adjoining her property in Camp Walton, Florida, to provide ingress and egress to the rear of her lot. The sole issue on appeal was whether the
• Tampa Water Works Co. v. Mugge
  60 Fla. 263· Fla.· 1910-06-01 ·cited 50×
  Tampa Water Works Company appealed a judgment for damages awarded to Robert Mugge for alleged negligence in failing to supply adequate water pressure for fire protection. The Florida Supreme Court reversed, holding that the evidence overwhelmingly supported the water company's co
• Luna-Martinez v. State
  984 So. 2d 592· Fla. 2d DCA· 2008-06-11 ·cited 49×
  Rafael Luna-Martinez appealed his conviction for drug trafficking, challenging the voluntariness of his consent to a warrantless search of his apartment during a police knock-and-talk encounter. The court affirmed the trial court's denial of his motion to suppress, holding that h
• United States v. House
  604 F.2d 1135· 8th Cir.· 1979-08-31 ·cited 49×
  The court held that the trial court did not err in refusing to require disclosure of the informant's identity, nor in failing to suppress evidence seized under the search warrants.
• Thanquarius Calhoun v. Warden, Baldwin State Prison
  92 F.4th 1338· 11th Cir.· 2024-02-15 ·cited 48×
  Thanquarius Calhoun was convicted of felony murder and other crimes after leading police on a high-speed chase that resulted in the death of his passenger, Marion Shore, when officers used a PIT maneuver to stop his vehicle. On federal habeas review, the Eleventh Circuit held tha