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

• Gammon v. State
  778 So. 2d 390· Fla. 2d DCA· 2001-01-19 ·cited 36×
  Hearsay evidence, when combined with admissible evidence such as a defendant's admissions, can form a sufficient basis for revoking probation.
• United States v. Bienvenido Duarte
  950 F.2d 1255· 7th Cir.· 1991-12-10 ·cited 36×
  The court affirmed the conviction but vacated the sentence, finding the district court improperly applied the Sentencing Guidelines by basing the sentence on drug transactions not proven to be part of the same course of conduct as the convicted offenses.
• United States v. Martinez
  924 F.2d 209· 11th Cir.· 1991-02-21 ·cited 36×
  The court held that the two-point enhancement for firearm possession during a drug conspiracy is permissible under the Sentencing Guidelines and does not violate due process, even if based on a preponderance of the evidence.
• United States v. DE LA Rosa
  922 F.2d 675· 11th Cir.· 1991-01-28 ·cited 36×
  The dissent argues that the majority erred in finding no Fourth Amendment seizure occurred, asserting that the circumstances would lead a reasonable person to believe they were not free to leave.
• United States v. McDOWELL
  918 F.2d 1004· 1st Cir.· 1990-11-14 ·cited 36×
  The court held that the evidence against the defendant was legally gathered and his conviction was lawful, but a new sentencing hearing is required due to insufficient findings regarding a sentencing enhancement.
• United States v. Vazzano
  906 F.2d 879· 2d Cir.· 1990-06-22 ·cited 36×
  The court held that the district court did not commit clear error in including quantities of cocaine not charged in the indictment, but established by a preponderance of the evidence and found to be part of the same course of conduct, in calculating the defendant's base offense l
• United States v. Williams
  880 F.2d 804· 4th Cir.· 1989-08-01 ·cited 36×
  A district judge may consider quantities of cocaine not specified in the count of conviction when computing a defendant's base offense level under the sentencing guidelines, if those quantities constitute relevant conduct.
• Farmers Ins. Co., Inc. v. Hubbard
  869 F.2d 565· 10th Cir.· 1989-03-10 ·cited 36×
  The court held that Farmers could not raise agency law arguments for the first time on appeal, as these issues were not preserved in the trial court. The jury's verdict was supported by sufficient evidence.
• United States v. Schell
  692 F.2d 672· 10th Cir.· 1982-10-13 ·cited 36×
  The court held that the trial court's findings and sentencing under the dangerous special offender statute did not violate the defendant's constitutional rights, including due process and the Eighth Amendment.
• Hrzenak v. White-Westinghouse Appliance Co.
  682 F.2d 714· 8th Cir.· 1982-07-02 ·cited 36×
  The court held that an employee's claim that he did not see a posted ADEA notice, standing alone, is insufficient to toll the statutory notice period when the employer has complied with posting regulations and the employee had reasonable access to the notice. The court also held
• Bunch v. Walter
  673 F.2d 127· 5th Cir.· 1982-04-16 ·cited 36×
  The court held that there was sufficient evidence to support the jury's verdict and that the district court did not err in its jury instructions.
• Martinez v. Estelle
  612 F.2d 173· 5th Cir.· 1980-02-20 ·cited 36×
  The court held that the trial court's failure to make a clear and reliable determination of the voluntariness of the confession, as required by Jackson v. Denno, violated due process.
• United States v. GIL
  604 F.2d 546· 7th Cir.· 1979-08-31 ·cited 36×
  A defendant's acquittal on grounds of entrapment does not preclude the admission of his coconspirator's statements against another defendant under the coconspirator exception to the hearsay rule.
• United States v. ONE 1965 Buick
  392 F.2d 672· 6th Cir.· 1968-04-17 ·cited 36×
  The court held that the Fifth Amendment privilege against self-incrimination does not shield property from forfeiture for violations of federal wagering tax laws, and that probable cause existed for the search warrants.
• Mrs. Camille F. Lind v. AETNA Cas. & Sur. Co.
  374 F.2d 377· 5th Cir.· 1967-03-15 ·cited 36×
  The court held that the trial judge erred by failing to provide adequate jury instructions on the applicable Louisiana law regarding automobile intersectional collisions.
• Movible Offshore Co. v. Ousley
  346 F.2d 870· 5th Cir.· 1965-06-08 ·cited 36×
  The court held that the doctrine of assumption of risk has no place in general federal maritime law, even when a seaman is not involved, and that a plaintiff who accepts a remittitur waives the right to appeal the order.
• Harry Alter Co. v. Chrysler Corp.
  285 F.2d 903· 7th Cir.· 1960-11-18 ·cited 36×
  The court held that the trial court's findings of fraud and damages were supported by the evidence and that pre-judgment interest was not warranted on the disputed counterclaim.
• Chaney v. Headley
  90 So. 2d 297· Fla.· 1956-10-31 ·cited 36×
  The Florida Supreme Court reviewed two negligence actions arising from a traffic collision between a police officer and a motorist. The court reversed the trial court's directed verdict for the defendant and held that circumstantial evidence and the physical facts of the collisio
• N.B. v. State
  911 So. 2d 833· Fla. 1st DCA· 2005-08-31 ·cited 35×
  The court held that the trial judge's reasons for deviating from the Department of Juvenile Justice's probation recommendation were insufficient to justify placing the juvenile in a residential facility.
• Williams v. State
  850 So. 2d 627· Fla. 2d DCA· 2003-07-23 ·cited 35×
  The court held that the restitution award must be reversed because it was based on inadmissible hearsay evidence presented over objection.
• United States v. Derick Bennett
  928 F.2d 1548· 11th Cir.· 1991-04-25 ·cited 35×
  The court held that the district court erred in applying a firearm possession enhancement to the sentence because the firearm was possessed seven months after the drug offense. The court affirmed the conviction and other sentencing aspects.
• State v. Sawyer
  561 So. 2d 278· Fla. 2d DCA· 1990-01-05 ·cited 35×
  The Florida District Court of Appeal reversed the trial court's suppression of Tom Sawyer's confession in a capital murder case, instead affirming the suppression order due to coercive interrogation techniques, Miranda violations, and psychological coercion during a 16-hour polic
• McCLAIN v. State
  356 So. 2d 1256· Fla. 2d DCA· 1978-02-22 ·cited 35×
  McCLain challenges his enhanced sentence as an habitual felony offender under Florida law, arguing the evidence was not presented with proper confrontation rights and specific findings were not made. The court affirms the sentence but remands for resentencing to correct defects i
• Nita Yazzie v. Sullivent
  561 F.2d 183· 10th Cir.· 1977-08-16 ·cited 35×
  The dissenting judge believes the record lacks sufficient evidence to support the jury's finding of proximate cause.
• State of Fla. ex rel. Jack M. Turner v. Earle
  295 So. 2d 609· Fla.· 1974-02-27 ·cited 35×
  The Florida Supreme Court held that the Judicial Qualifications Commission cannot discipline a Circuit Judge for misconduct committed while he held a different judicial office (Criminal Court of Record Judge) prior to his election to the Circuit Court, absent a conviction or disq
• Metro. Life Ins. Co. v. Jenkins
  152 Fla. 486· Fla.· 1943-03-05 ·cited 35×
  Metropolitan Life Insurance Company appeals a jury verdict in favor of Amanda Jenkins on her claim under accidental death policies insuring her son Howard K. Jenkins. The case turns on whether Jenkins' death from a car crash was caused solely by accidental external means or was c
• Golden v. Dodge-Markham Co., Inc.
  1 F. Supp. 2d 1360· M.D. Fla.· 1998-04-17 ·cited 34×
  The court held that the defendant failed to meet its burden of proving by a preponderance of the evidence that the amount in controversy exceeded $75,000, thus federal jurisdiction was lacking.
• United States v. Simmons
  964 F.2d 763· 8th Cir.· 1992-05-15 ·cited 34×
  The court affirmed the convictions but remanded for resentencing for one defendant, finding that while the exclusion of a probation report was an error, it was harmless, and that the Sentencing Guidelines' crack penalty ratio was constitutional.
• United States v. Canino
  949 F.2d 928· 7th Cir.· 1991-11-27 ·cited 34×
  The court affirmed the jury verdict, finding no reversible error in the prosecutorial misconduct claims, the severance of a co-defendant, or the prosecutor's closing argument remarks on double jeopardy.
• United States v. Wheelwright
  918 F.2d 226· 1st Cir.· 1990-10-18 ·cited 34×
  The court held that the district court did not err in applying the Federal Sentencing Guidelines, including cross-references to drug offenses, enhancements for obstruction of justice, and multiple count provisions, nor in imposing the maximum fine.
• United States v. Goff
  907 F.2d 1441· 4th Cir.· 1990-07-06 ·cited 34×
  The court held that the district court erred in reducing the drug quantity for sentencing purposes without adequate factual findings and improperly departed downward from the sentencing guidelines based on impermissible factors.
• United States v. Dickens
  879 F.2d 410· 8th Cir.· 1989-07-17 ·cited 34×
  The court held that evidence of a judge's and attorney's consistent practice is sufficient to establish the validity of a prior guilty plea, even without a transcript.
• United States v. MacHor
  879 F.2d 945· 1st Cir.· 1989-06-29 ·cited 34×
  The court affirmed the convictions, finding no reversible error in the sufficiency of the evidence, the admission of co-conspirator statements, the denial of a motion to substitute counsel, the refusal to exclude the case agent, or the limitation of cross-examination.
• United States v. Carmona
  873 F.2d 569· 2d Cir.· 1989-04-19 ·cited 34×
  The court held that the district court did not err in admitting evidence of an address book entry, the defendant's alias statement during booking, or in enhancing the sentence based on corroborated hearsay testimony.
• United States v. Silverman
  861 F.2d 571· 9th Cir.· 1988-11-16 ·cited 34×
  The court held that the district court erred in admitting the extrajudicial statements of an alleged co-conspirator because the independent evidence presented was insufficient to corroborate those statements and establish the defendant's connection to the conspiracy by a preponde
• In the Interest of I.T. v. State
  532 So. 2d 1085· Fla. 3d DCA· 1988-08-16 ·cited 34×
  Parents of I.T. appealed a dependency adjudication based on alleged risk of prospective neglect. The Florida appellate court reversed, holding that the state failed to establish a sufficient nexus between the parents' psychiatric histories and a substantial risk of significant im
• United States v. Zavala-Serra
  853 F.2d 1512· 9th Cir.· 1988-08-11 ·cited 34×
  The court held that co-conspirator statements were admissible and that Zavala lacked standing to challenge the constitutionality of the statute as applied to others.
• United States v. Dougherty
  810 F.2d 763· 8th Cir.· 1987-01-28 ·cited 34×
  The court affirmed the conviction, holding that prosecutorial misconduct did not prejudice the defendant due to curative instructions and overwhelming evidence, entrapment was not established as a matter of law, and the evidence was sufficient to support the conviction.
• United States v. Gomer
  764 F.2d 1221· 7th Cir.· 1985-06-11 ·cited 34×
  The dissenting judge argues that the majority erred in finding plain error regarding the district court's failure to consider the defendant's dependents' needs, as the defendant waived the issue by not raising it below.
• Miguel v. Dep't OF THE Army
  727 F.2d 1081· Fed. Cir.· 1984-02-07 ·cited 34×
  The court should have the MSPB redetermine the penalty itself, rather than remanding the issue back to the agency.
• United States v. Seiffert
  501 F.2d 974· 5th Cir.· 1974-10-04 ·cited 34×
  The court held that the judge's prior attendance at a creditors' meeting did not require disqualification, and the defendant's voluntary deposition testimony and business records were not protected by bankruptcy immunity in his criminal trial.
• The Ansul Co. v. Uniroyal, Inc.
  448 F.2d 872· 2d Cir.· 1971-04-29 ·cited 34×
  The court denied Daly-Herring's petition for rehearing, finding its arguments regarding treble damages were either not sufficiently proven or not properly raised.
• Compton v. United States
  377 F.2d 408· 8th Cir.· 1967-05-23 ·cited 34×
  The court held that the trial court erred in entering a judgment notwithstanding the verdict because the jury's determination of the facts, based on sensory evidence and common sense, should not have been overridden.
• Administratrix v. Gosser
  78 Fla. 70· Fla.· 1919-07-01 ·cited 34×
  The Florida Supreme Court reversed a lower court decree affirming the genuineness of two signatures on legal documents allegedly signed by W. T. Boyd. The court held that expert handwriting analysis demonstrating the signatures were tracings or drawings constitutes demonstrative
• Mobley v. State
  132 So. 3d 1160· Fla. 3d DCA· 2014-01-02 ·cited 33×·via Burden Of Proof By Preponderance Of The Evidence
  Gabriel Mobley was charged with two counts of second-degree murder for shooting two men outside a restaurant. The Florida Third District Court of Appeal granted Mobley's petition for writ of prohibition, finding that he was entitled to immunity from prosecution under Florida's St
• Neeld v. State
  977 So. 2d 740· Fla. 2d DCA· 2008-03-26 ·cited 33×
  Roger Curtis Neeld appeals his three-year prison sentence imposed after he allegedly violated a deferred sentencing plea agreement by committing a new crime while awaiting sentencing. The Florida District Court of Appeal reversed and remanded because the trial court failed to req
• United States v. Perry
  908 F.2d 56· 6th Cir.· 1990-07-11 ·cited 33×
• United States v. Wayne
  903 F.2d 1188· 8th Cir.· 1990-05-21 ·cited 33×
  The court held that the district court did not err in denying the motion for a new trial on Counts III and V, denying the motion to suppress evidence, or in its sentencing determinations.
• United States v. Storie Lynn Orta
  760 F.2d 887· 8th Cir.· 1985-04-29 ·cited 33×
  The court held that the district court improperly required a "guarantee" beyond the statute's language, but the evidence was sufficient to deny pretrial release due to danger to the community.
• Trout v. Lehman
  702 F.2d 1094· D.C. Cir.· 1983-03-11 ·cited 33×
  The court held that the Navy's objections to the plaintiffs' statistical presentation were speculative and that the district court did not err in finding a prima facie case of discrimination. However, the court reversed the finding of class-wide liability for initial grade placem