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

• Staffney v. State
  826 So. 2d 509· Fla. 4th DCA· 2002-09-25 ·cited 48×
  Jesse James Staffney was convicted of sexual battery after a jury trial. While affirming his conviction, the appellate court reversed his downward departure sentence, finding the trial court abused its discretion by improperly finding that the crime was committed in an unsophisti
• C.T. v. State
  819 So. 2d 869· Fla. 4th DCA· 2002-05-29 ·cited 48×
  A juvenile appeals a trial court's disposition order placing her in a high-risk residential treatment program rather than the moderate-risk program recommended by the Department of Juvenile Justice (DJJ). The court holds that a trial judge has discretion to disagree with the DJJ'
• United States v. Theophilus Blackston
  940 F.2d 877· 3d Cir.· 1991-07-29 ·cited 48×
  Voluntary drug use established solely by laboratory analysis constitutes 'possession' for purposes of 18 U.S.C. § 3583(g).
• United States v. Ebbole
  917 F.2d 1495· 7th Cir.· 1990-11-08 ·cited 48×
  Application of U.S. Sentencing Guidelines § 1B1.3(a)(2), which requires courts to increase a defendant's base offense level based on quantities of drugs possessed during the same course of conduct, even if not convicted of offenses relating to those drugs, does not violate due pr
• United States v. Havens
  910 F.2d 703· 10th Cir.· 1990-08-06 ·cited 48×
  The court held that a trial court may estimate the ultimate quantity of produceable drugs when determining a sentence for an attempt offense, even if not all precursor chemicals or equipment are present, provided the estimate is based on proper testimony. The court also held it l
• United States v. Frederick
  897 F.2d 490· 10th Cir.· 1990-02-28 ·cited 48×
  The court held that the trial court did not err in using uncharged criminal activity, proven by a preponderance of the evidence, to calculate the defendant's sentence under the federal sentencing guidelines, and that the 1988 guideline revisions were a permissible clarification o
• United States v. Burl Allen Peveto, Jr.
  881 F.2d 844· 10th Cir.· 1989-07-26 ·cited 48×
  The court denied the petition for rehearing, affirming its prior holding that statements intended to promote conspiratorial objectives or identify coconspirators are made in furtherance of the conspiracy.
• The United States v. Hilmer Burdette Sandini
  816 F.2d 869· 3d Cir.· 1987-04-01 ·cited 48×
  The court held that the district court erred by barring the defendant from testifying in the forfeiture proceedings, requiring a new trial on that issue. However, the court upheld the constitutionality of the statutory presumption and the preponderance of the evidence standard fo
• Am. Home Assurance Co. v. Sunshine Supermarket, Inc.
  753 F.2d 321· 3d Cir.· 1985-02-01 ·cited 48×
  The court held that the admission of evidence of non-prosecution for arson was reversible error, and that the trial court's comments on witness fees were also improper, necessitating a new trial.
• Rev. & Mrs. Carl H. Kruelle v. NEW Castle Cnty. Sch. Dist.
  642 F.2d 687· 3d Cir.· 1981-04-01 ·cited 48×
  The court held that residential placement was necessary for Paul's education under the Education Act and that the State Board of Education was responsible for ensuring its provision.
• Atlantic Greyhound Lines v. Mrs. Susie B. Lovett
  134 Fla. 505· Fla.· 1938-10-10 ·cited 48×
  Atlantic Greyhound Lines appealed a jury verdict awarding Mrs. Lovett $3,350 in damages for injuries sustained when a bus employee forcibly removed her baggage from inside the bus in violation of her alleged instructions. The Florida Supreme Court affirmed, holding that the carri
• United States v. Aguilera-Zapata
  901 F.2d 1209· 5th Cir.· 1990-05-09 ·cited 47×
  The court held that a defendant can be held accountable for a co-defendant's reasonably foreseeable possession of a firearm during a drug trafficking offense, even if the defendant was unaware of the firearm.
• United States v. Andrade
  784 F.2d 1431· 9th Cir.· 1986-03-19 ·cited 47×
• United States v. Choate
  576 F.2d 165· 9th Cir.· 1978-03-15 ·cited 47×
  The court held that the mail cover did not violate the Fourth Amendment or postal regulations, and evidence derived from it was not tainted.
• City of Miami v. Huttoe
  38 So.2d 819· Fla.· 1949-02-15 ·cited 47×
  This case concerns whether a City Manager could disregard a Civil Service Board's recommendation to reinstate a police lieutenant. The court affirmed the lower court's decision, holding that the City Manager should have given deference to the Board's findings, which were supporte
• Morton's OF Chicago, Inc. v. Lira
  48 So. 3d 76· Fla. 1st DCA· 2010-10-13 ·cited 46×
  In this workers' compensation appeal, the court affirmed the compensability of the claimant's cervical herniations and certain medical bills, but reversed and remanded regarding temporary indemnity benefits and most medical expenses, clarifying that parties who fail to introduce
• United States v. Cross
  916 F.2d 622· 11th Cir.· 1990-11-01 ·cited 46×
  The quantity of marijuana is not an essential element of conspiracy to possess with intent to distribute or possession with intent to distribute, and thus need not be alleged in the indictment or proven to the jury beyond a reasonable doubt.
• United States v. Casto
  889 F.2d 562· 5th Cir.· 1989-11-20 ·cited 46×
  The court held that the evidence was sufficient to support the conviction, jury instructions were proper, the admission of a co-defendant's guilty plea with a limiting instruction was not reversible error, chain of custody issues did not render evidence inadmissible, sentencing o
• United States v. Castro
  776 F.2d 1118· 3d Cir.· 1985-11-12 ·cited 46×
  The court held that the variance between the indictment and the evidence did not violate the Fifth Amendment's grand jury clause, the evidence was sufficient to convict Garcia-Remedio and Suarez, and the trial court's jury instructions adequately presented Castro's entrapment def
• United States v. Cherry
  759 F.2d 1196· 5th Cir.· 1985-04-23 ·cited 46×
  The court held that the district court misapplied the inevitable discovery exception because the government failed to show active pursuit of lawful means to discover the evidence at the time of the misconduct. However, the court remanded for reconsideration of the consent to sear
• Anton Kevin Peterson v. State
  382 So. 2d 701· Fla.· 1980-04-03 ·cited 46×
  The Florida Supreme Court addressed whether a trial judge must explicitly state on the record that a defendant's statement is voluntary before admitting it into evidence. The Court held that while explicit findings are helpful, they are not required if the record clearly demonstr
• United States v. Glover
  596 F.2d 857· 9th Cir.· 1979-05-09 ·cited 46×
  The court held that governmental interference with the attorney-client relationship, absent resulting prejudice or incriminating statements, does not require dismissal of an indictment. It also held that a defendant with low intelligence can knowingly and intelligently waive Mira
• Marr v. Rife
  503 F.2d 735· 6th Cir.· 1974-09-26 ·cited 46×
  The court held that federal law, not state law, governs vicarious liability under the Fair Housing Act, and that the District Court should clarify its reasoning for the awards of compensatory damages, costs, and attorney fees.
• Robinson v. State
  907 So. 2d 1284· Fla. 2d DCA· 2005-08-10 ·cited 45×
  Alfred Leroy Robinson appeals the revocation of his probation. The trial court revoked probation based on Robinson's arrest for DUI and driving without a valid license, but the appellate court found this improper under Florida law, which prohibits revocation based solely on arres
• State v. Mann
  866 So. 2d 179· Fla. 5th DCA· 2004-02-20 ·cited 45×
  The State appeals a downward departure sentence imposed on Edwin Mann following his guilty plea to sexual abuse charges against a 14-year-old victim. The trial court sentenced Mann to two years of community control and 25 years of probation, departing significantly downward from
• United States v. Hairston
  888 F.2d 1349· 11th Cir.· 1989-11-24 ·cited 45×
  The court affirmed the conviction and the restitution order, holding that specific findings of fact are not always required for restitution orders if the record provides an adequate basis for appellate review, and that contractors can be considered victims under the VWPA.
• Wieczoreck v. H & H Builders, Inc.
  475 So. 2d 227· Fla.· 1985-08-30 ·cited 45×
  The Florida Supreme Court resolved a conflict in its precedent regarding the standard of proof required to establish fraud. The Court held that fraud must be proven by a preponderance of the evidence, not clear and convincing evidence, whether the action is at law or in equity.
• United States v. $93
  730 F.2d 571· 9th Cir.· 1984-04-10 ·cited 45×
  The government established probable cause for the forfeiture of currency by presenting sufficient circumstantial evidence linking it to drug transactions, and the claimant failed to rebut this showing.
• Fla. Dep't of Health & Rehabilitative Servs. v. Career Serv. Comm'n OF the State of Fla. Dep't OF Admin. & Raya E. Tew
  289 So. 2d 412· Fla. 4th DCA· 1974-02-08 ·cited 45×
  The Florida Department of Health and Rehabilitative Services appealed the Career Service Commission's decision to reinstate a nurse (Raya Tew) with back pay after the Department terminated her employment. The appellate court addressed the proper burden of proof in administrative
• Jessee E. Swanner v. United States
  406 F.2d 716· 5th Cir.· 1969-02-04 ·cited 45×
  The court held that the district court applied a standard of proof stricter than a preponderance of the evidence in determining proximate cause, requiring a new trial.
• Lenora Gorman Smith v. Gen. Motors Corp.
  227 F.2d 210· 5th Cir.· 1955-11-25 ·cited 45×
  A plaintiff relying solely on circumstantial evidence must present a case where the evidence is not reasonably susceptible of two equally reasonable inferences, and the inference of causation must be probable, not merely possible.
• First Union Nat'l Bank v. Turney
  824 So. 2d 172· Fla. 1st DCA· 2001-11-26 ·cited 44×
  First Union National Bank appeals a final judgment against it for breaches of fiduciary duty in administering trust assets following Robert Turney's death. The bank had subordinated the trust's mortgage security without disclosure, failed to pursue personal guarantees, and attemp
• State v. Boyd
  615 So. 2d 786· Fla. 2d DCA· 1993-03-10 ·cited 44×
  Florida appealed the suppression of evidence and dismissal of an improper exhibition of a firearm charge in a case involving James Boyd, who discharged a shotgun in someone else's yard while acting angry and threatening. The appellate court reversed both orders, holding that the
• United States v. Rodriguez
  896 F.2d 1031· 6th Cir.· 1990-02-23 ·cited 44×
  The court held that a defendant bears the burden of proving facts by a preponderance of the evidence that would lead to a sentence reduction under the Sentencing Guidelines. The court also affirmed the district court's factual finding regarding the defendant's capability to deliv
• United States v. Sheffer
  896 F.2d 842· 4th Cir.· 1990-02-20 ·cited 44×
  The court held that the Sentencing Reform Act Guidelines can be applied to an ongoing conspiracy that began before their effective date and continued after, and that a defendant waives the right to appeal a misunderstanding of a plea agreement by choosing to proceed with the guil
• United States v. Virgile Jeffrey Barrett (88-6410) & Jeffrey B. Dolan (88-6411)
  890 F.2d 855· 6th Cir.· 1989-12-05 ·cited 44×
  The court held that the warrantless search of Barrett's automobile and the pouch within it was justified by probable cause, and that the government did not breach its plea agreement with Dolan by presenting evidence regarding his acceptance of responsibility.
• Stapleton v. Westmoreland Coal Co.
  785 F.2d 424· 4th Cir.· 1986-02-26 ·cited 44×
  The court held that the presumption of total disability due to pneumoconiosis should be invoked upon a single qualifying medical opinion or test, and that rebuttal requires consideration of all relevant medical evidence.
• United States v. Leonel Portes
  786 F.2d 758· 7th Cir.· 1985-12-12 ·cited 44×
  The Bail Reform Act of 1984 is constitutional and was properly applied to detain the defendant pending trial, as the evidence supported a finding of danger to the community and risk of flight.
• United States v. Netz
  758 F.2d 1308· 8th Cir.· 1985-04-12 ·cited 44×
  The court held that the evidence was sufficient to support the jury's verdict for importing and possession with intent to distribute cocaine, and that venue was proper in the Western District of Missouri.
• United States v. Thomas
  759 F.2d 659· 8th Cir.· 1985-04-11 ·cited 44×
  The court held that the two indictments charged separate conspiracies, not the same offense, and therefore the Double Jeopardy Clause did not bar the second prosecution.
• United States v. Cochran
  697 F.2d 600· 5th Cir.· 1983-01-24 ·cited 44×
  The court held that the admission of co-conspirators' statements, the variance between the indictment and proof, the jury's viewing of an inadmissible transcript, nondisclosure of certain materials, prosecutorial remarks, and the admission of photographs did not constitute revers
• United States v. Marshall
  488 F.2d 1169· 9th Cir.· 1973-09-07 ·cited 44×
  The court held that the warrantless entry into the house was unreasonable under the Fourth Amendment, and the denial of the motion to suppress was error.
• Monsanto Co. v. Rohm & Haas Co.
  456 F.2d 592· 3d Cir.· 1972-01-12 ·cited 44×
  The court held that Monsanto's failure to fully disclose test results and prior inconsistent representations to the Patent Office constituted misrepresentation, rendering the patent invalid due to unclean hands.
• Foster v. Seaton
  271 F.2d 836· D.C. Cir.· 1959-10-22 ·cited 44×
  The court held that the Secretary of the Interior's decision denying mining claims for sand and gravel was supported by substantial evidence and correctly interpreted the mining laws.
• Great W. Food Distribs., Inc. v. Brannan
  201 F.2d 476· 7th Cir.· 1953-01-14 ·cited 44×
  The court held that the evidence supported the Judicial Officer's findings that petitioners manipulated and cornered the egg market, and that the Administrative Procedure Act's notice requirement was inapplicable due to willful violations.
• Stanley v. Powers
  125 Fla. 322· Fla.· 1936-09-22 ·cited 44×
  In this personal injury case involving a vehicle collision, the Florida Supreme Court reversed a $15,000 judgment for the plaintiff, finding the verdict was unsupported by the overwhelming physical and corroborated eyewitness evidence and that the trial court abused its discretio
• United States v. Johnston
  784 F.2d 416· 1st Cir.· 1986-02-20 ·cited 43×
  The court affirmed jury convictions on narcotics charges, holding that evidence seized under the plain view doctrine was admissible and that the admission of co-conspirator statements and evidence of prior bad acts did not prejudice the appellants.
• Lockhart v. Butt-Landstreet
  91 Fla. 497· Fla.· 1926-03-13 ·cited 43×
  A materialman sought to enforce a statutory lien against a building owner for materials furnished in construction. The jury found for the materialman, but the trial judge granted a new trial, finding the verdict contrary to the evidence. The Florida Supreme Court affirmed the new
• State v. Chubbuck
  141 So. 3d 1163· Fla.· 2014-06-19 ·cited 42×
  The Florida Supreme Court held that a defendant seeking a downward departure sentence under Florida Statute § 921.0026(2)(d) for specialized treatment of a mental disorder or physical disability is not required to prove that such treatment is unavailable in the Florida Department
• Roland M. and Miriam M. v. The Concord Sch. Comm.
  910 F.2d 983· 1st Cir.· 1990-08-03 ·cited 42×
  The court held that the district court correctly affirmed the adequacy and appropriateness of the proposed IEPs, applying the correct legal standards and not committing clear error.