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

• Kapila v. Plave
  1997 U.S. Dist. LEXIS 21749· S.D. Fla.· 1997-08-26
  The bankruptcy court's findings of fact and conclusions of law are reversed because the trustee established a prima facie case of fraudulent transfer, and the matter is remanded for trial.
• Moore v. Unemployment Appeals Comm'n
  689 So. 2d 1304· Fla. 5th DCA· 1997-03-27
  Gregory Moore appealed a decision denying unemployment compensation benefits based on his termination for excessive tardiness and absenteeism. The appeals referee initially awarded benefits, but the Unemployment Appeals Commission reversed. The court vacated and remanded because
• State v. Gainey
  688 So. 2d 997· Fla. 2d DCA· 1997-02-28
  Florida appealed the trial court's suppression of cocaine found during a consensual search of the defendant. The appellate court reversed, holding that the officer's initial approach was a permissible police-citizen encounter requiring no founded suspicion, and that the defendant
• Mitchell v. State
  678 So. 2d 515· Fla. 4th DCA· 1996-08-28
  Willie Mitchell appeals his conviction and sentence for attempted armed burglary of a dwelling. The court affirms his conviction but reverses his sentence as a habitual violent felony offender because the trial court failed to establish that his prior 1992 felony conviction was o
• M.F. v. State
  673 So. 2d 571· Fla. 4th DCA· 1996-05-22
  The court held that the state proved the amount of restitution by a preponderance of the evidence, except for the broken window amount, and that the trial court erred in ordering M.F. to remain on community control until restitution was paid.
• United States v. Falcon
  930 F. Supp. 1518· S.D. Fla.· 1996-04-19
  The court denied the defendant's motion to revoke pretrial detention and for admission to bail, finding he is a flight risk and no conditions of release would ensure his appearance.
• G.A. v. Dep't of Health & Rehabilitative Servs.
  695 So. 2d 712· Fla. 1st DCA· 1996-04-12
  G.A. appealed the Department of Health and Rehabilitative Services' decision to close a child abuse report "without classification" rather than expunge it. The court held that once a hearing officer finds abuse allegations unsupported by a preponderance of evidence in a section 1
• In re Forfeiture OF the following described Prop.: $44 v. McCLUSTER
  668 So. 2d 1000· Fla. 2d DCA· 1996-01-17
  The state appealed a trial court's dismissal of its forfeiture complaint for $44,010 in currency seized during a warrantless search. The appellate court reversed, holding that the trial court improperly based its decision on a suppression issue for which the claimant lacked stand
• Sublett v. Sumter Cnty. Sch. Bd.
  664 So. 2d 1178· Fla. 5th DCA· 1995-12-29
  Patty Sue Sublett, as personal representative of her deceased father James Sublett's estate, appealed the Sumter County School Board's final order rejecting a hearing officer's recommended order that found insufficient just cause for Sublett's discharge. The Court reversed, holdi
• Lewis v. AT & T Corp.
  898 F. Supp. 907· S.D. Fla.· 1995-09-20
  The court held that a motion to remand must challenge the factual allegations in the notice of removal, and if unchallenged, they are deemed true, thus the party seeking removal is not required to furnish proof.
• Furney v. Furney
  659 So. 2d 364· Fla. 1st DCA· 1995-06-20
• Watson v. State
  654 So. 2d 1286· Fla. 5th DCA· 1995-05-26
  The court held that the psychological trauma to a child, who did not witness the murder, was not a sufficient ground for departure from sentencing guidelines.
• Fabregat v. State
  651 So. 2d 826· Fla. 3d DCA· 1995-03-15
• Pham v. Baccam
  1995 U.S. Dist. LEXIS 2915· M.D. Fla.· 1995-03-06
  The district court affirmed the bankruptcy court's discharge of debt, finding no clear error in the bankruptcy court's factual findings and that the creditor failed to meet her burden of proof.
• H.L.T. v. Dep't of Health & Rehabilitative Servs.
  648 So. 2d 1237· Fla. 1st DCA· 1995-01-19
• Osborne Stern & Co., Inc. v. Dep't of Banking & Fin.
  647 So. 2d 245· Fla. 1st DCA· 1994-11-18
  The Florida District Court of Appeal reversed a Department of Banking and Finance order denying securities registration and imposing fines, holding that the Department must prove alleged violations by clear and convincing evidence (not preponderance) and that applicants must be p
• George v. State
  636 So. 2d 170· Fla. 2d DCA· 1994-04-27
  Appellant challenges her restitution order imposed pursuant to a plea agreement for forgery and grand theft charges. The court reverses, holding that the state failed to meet its statutory burden of proving the amount of restitution by a preponderance of the evidence.
• United States v. Murphy
  850 F. Supp. 981· M.D. Fla.· 1994-04-12 ·via Burden Of Proof By Preponderance Of The Evidence
  The court held that the petitioners (sons of the defendant) failed to establish by a preponderance of the evidence that they had a legal right, title, or interest in the subject property superior to the defendant's interest at the time of the commission of the acts giving rise to
• Montante v. Montante
  627 So. 2d 554· Fla. 4th DCA· 1993-11-24
  Rose Montante appealed a trial court's denial of her petition to increase child support from her ex-husband Philip, denial of attorney's fees, and order requiring her to pay deposition costs. The appellate court reversed, holding that the trial court applied an improperly heighte
• Teague Indep. Sch. Dist. v. Todd L.
  999 F.2d 127· 5th Cir.· 1993-08-31
  The court held that a district court's review of a special education hearing officer's decision under IDEA is de novo, allowing the court to hear additional evidence and reach an independent conclusion based on a preponderance of the evidence.
• Freeman United Coal Mining Co. v. Off. OF Workers' Comp. Program & Fairy Dell Jones
  999 F.2d 291· 7th Cir.· 1993-08-04
  The court denied the petition for rehearing, finding that the 'true doubt rule' used in black lung cases is not supported by statute or legislative text.
• United States v. Cedano-Rojas
  999 F.2d 1175· 7th Cir.· 1993-07-26
  The court held that the district court did not err in including the nine kilograms under negotiation and the forty kilograms from prior transactions in the sentencing calculation, nor in denying the acceptance of responsibility reduction.
• United States v. Abanatha
  999 F.2d 1246· 8th Cir.· 1993-07-26
  The court affirmed the sentences, holding that while including immunized information in a presentence report was error, it was not prejudicial if the court did not consider it. The court also upheld the sentencing determinations regarding role in the offense, criminal history, ca
• Hellebrand v. Sec'y OF the Dep't OF Health & Human Servs.
  999 F.2d 1565· Fed. Cir.· 1993-07-23
  The court held that the proximity of death to vaccination, absent other causes, should be weighed in determining causation, and statistical analysis can aid this determination.
• United States v. Casas
  999 F.2d 1225· 8th Cir.· 1993-07-22
  The court affirmed the convictions, sentences, and forfeitures, holding that the 1987 arrest evidence was admissible as part of the conspiracy and that the district court properly determined drug quantity and applied the preponderance of the evidence standard for forfeiture.
• United States v. Clemons
  999 F.2d 154· 6th Cir.· 1993-07-19
  The court held that conditioning the acceptance of responsibility reduction on a defendant's waiver of his Fifth Amendment privilege against self-incrimination does not penalize the defendant for asserting his right against self-incrimination.
• United States v. Mergerson
  995 F.2d 1285· 5th Cir.· 1993-07-12
  The court affirmed Anunaso's drug convictions and sentences, affirmed Mergerson's convictions on counts one through four but reversed count five, and affirmed Mergerson's sentences for counts two through four, but vacated Mergerson's sentence for count one, remanding for resenten
• Clark v. Dep't OF the Army
  997 F.2d 1466· Fed. Cir.· 1993-07-01
  The court held that the Merit Systems Protection Board's decision was not legally erroneous and was supported by substantial evidence, affirming the dismissal of the whistleblower retaliation claim.
• United States v. Shonubi
  998 F.2d 84· 2d Cir.· 1993-06-30
  The court held that the district court erred by not enhancing the sentence for obstruction of justice based on perjury and by calculating drug quantity based on speculation rather than specific proof.
• United States v. Ruffin
  997 F.2d 343· 7th Cir.· 1993-06-29
  A district court cannot classify a defendant as a career offender based on dismissed charges, as career offender status requires actual convictions for specified offenses.
• United States v. Crowell
  997 F.2d 146· 6th Cir.· 1993-06-18
  The court's judgment is concurred with, but the reasoning differs from the panel's.
• United States v. Durham
  995 F.2d 936· 9th Cir.· 1993-06-15
  The court held that the sentencing court properly considered prior convictions and probation violations as grounds for upward departure, and the extent of the departure was reasonable.
• United States v. Carter
  999 F.2d 182· 7th Cir.· 1993-06-09
  The court held that evidence seized under a facially valid but flawed "no-knock" warrant was admissible under the good faith exception to the Fourth Amendment, and that the district court did not err in its sentencing determinations.
• United States v. Shackley
  995 F.2d 166· 9th Cir.· 1993-06-09
  The court held that the district court did not err in considering the defendant's alleged assault when imposing sentence, even after a plea agreement dismissed the assault charge, because the agreement explicitly allowed the government to prove the assault for sentencing purposes
• United States v. Gerant
  995 F.2d 505· 4th Cir.· 1993-06-09
  The court held that a defendant is not entitled to a jury determination of a breach of a non-prosecution agreement, and the district court's finding of material breach was not clearly erroneous.
• United States v. Voyles
  995 F.2d 91· 6th Cir.· 1993-06-07
  The court affirmed the defendant's sentence, holding that the sentencing court did not err in determining the base offense level by considering the firearm's use in a robbery and in denying a reduction for acceptance of responsibility.
• United States v. Brown
  995 F.2d 1493· 10th Cir.· 1993-06-04
  The court held that the evidence was sufficient to support the district court's finding that the defendant acted as a manager for sentencing enhancement purposes and that the evidence was sufficient to support his convictions.
• United States v. Myron R. Bell
  993 F.2d 427· 5th Cir.· 1993-06-04
  The court affirmed the defendant's convictions and sentences, finding sufficient evidence and proper jurisdiction.
• United States v. Hooker
  993 F.2d 898· D.C. Cir.· 1993-05-28
  The court held that while the district court applied an appropriate evidentiary standard for probation revocation, it erred by treating advisory policy statements in Chapter VII of the Sentencing Guidelines as binding.
• United States v. Ortiz
  993 F.2d 204· 10th Cir.· 1993-05-20
  The court held that a confidential informant's out-of-court statement regarding drug quantity, even if the informant has a history of reliability, requires independent corroboration to be relied upon for sentencing purposes.
• Myron Fuhrmann v. E. Hanover BD. OF Educ. (Two Cases) G.F.
  993 F.2d 1031· 3d Cir.· 1993-05-06
  The court held that the district court did not err in judging the appropriateness of the school district's offer without giving significant weight to the child's subsequent experience.
• United States v. Bryant
  991 F.2d 171· 5th Cir.· 1993-05-06
  The court affirmed the conviction and sentence, finding no abuse of discretion in evidentiary rulings, sufficient evidence for conviction, and no clear error in sentencing guideline calculations.
• Goff v. Dailey
  991 F.2d 1437· 8th Cir.· 1993-04-29
  The court held that prison disciplinary boards may not find an inmate guilty based on less than a preponderance of the evidence, as this violates due process. The dissent argues the majority incorrectly applied a standard of review instead of a standard of proof.
• United States v. Wilson
  992 F.2d 156· 8th Cir.· 1993-04-23
  The court is compelled by precedent to affirm the sentence, despite concerns about using relevant conduct for sentencing increases.
• United States v. Jones
  990 F.2d 1047· 8th Cir.· 1993-04-09
  The court held that the evidence was insufficient to establish that the defendant 'used' a firearm in relation to a drug trafficking crime under 18 U.S.C. § 924(c).
• Kelley v. Procino-Wells & Woodland, LLC
  Del. Ch.· 1993-04-05
  The appellate court granted certiorari and quashed the trial court's order denying a protective order, finding that the psychotherapist-patient privilege was not waived and that discovery of the patient's records was improperly allowed.
• United States v. Gravelle
  819 F. Supp. 1076· S.D. Fla.· 1993-04-02
  The court held that the seized substance, a dark, tarry paste with high THC content, is classified as 'Marihuana/Cannabis, granulated, powdered, etc.' for sentencing purposes, not 'hashish oil' or 'hashish/cannabis resin'.
• United States v. Watonio L. Jackson
  990 F.2d 251· 6th Cir.· 1993-04-01
  The court held that the district court did not clearly err in determining the drug quantity for sentencing purposes, as the calculated value was unlikely to affect the sentence imposed.
• United States v. Heriberto Ruiz
  987 F.2d 243· 5th Cir.· 1993-03-22
  The court held that the district court did not err in admitting co-conspirator statements, photographs, or in limiting cross-examination, and that sufficient evidence supported the convictions.
• City OF Orlando & the Greater Orlando Aviation Auth. v. G.R. Cone, Jr.
  615 So. 2d 793· Fla. 5th DCA· 1993-03-12
  The Florida District Court of Appeal reversed a condemnation jury verdict, holding that a property owner's lay opinion of property value is not presumed to be correct when expert appraisals contradict it. The trial court's erroneous jury instruction improperly shifted the burden