Receiving Stolen Property

390 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• United States v. Bozza
  365 F.2d 206· 2d Cir.· 1966-08-01 ·cited 209×
  The majority reverses convictions based on the admission of a co-defendant's confession, finding it prejudiced other defendants despite limiting instructions.
• Emelio Suarez v. State
  95 Fla. 42· Fla.· 1928-01-12 ·cited 171×
  Emelio Suarez, Benigno Suarez, and Charles Naya were convicted of larceny and receiving stolen property and sentenced to five years imprisonment. The Florida Supreme Court reversed, finding that the trial court erred in denying the Suarez brothers' motion for severance and in adm
• United States v. Kramer
  289 F.2d 909· 2d Cir.· 1961-05-02 ·cited 163×
  The dissenting judge held that the jury instruction regarding the value of blank money orders was a fatal error, invalidating the sentence on Count IV. The judge also dissented on the application of res judicata in criminal cases.
• Lacros v. State
  339 So. 2d 217· Fla.· 1976-11-04 ·cited 120×
  A substantive amendment to an information does not require a new arraignment, plea, or jury selection if the defendant is not prejudiced by the amendment.
• United States v. Sherman
  171 F.2d 619· 2d Cir.· 1948-12-29 ·cited 116×
  The court held that admitting a witness's prior consistent statement to bolster his testimony after impeachment was reversible error, but that goods moving to a dock for export had entered foreign commerce and co-conspirator statements were admissible.
• United States v. Emslie Leander Moore
  522 F.2d 1068· 9th Cir.· 1975-06-19 ·cited 114×
  The court held that the admission of a co-defendant's statement as an admission by silence against Floyd Moore was improper due to insufficient foundational evidence, and that the statement was also inadmissible as a co-conspirator's declaration. The court affirmed Lee Moore's co
• Schaffer v. United States
  221 F.2d 17· 5th Cir.· 1955-04-08 ·cited 106×
  The court held that the trial court erred in denying one defendant's motion for severance and in its handling of the admissibility of a confession, requiring reversal for both defendants.
• State v. Lewis
  364 So. 2d 1223· Fla.· 1978-10-19 ·cited 104×
  Florida's Supreme Court reversed the dismissal of theft charges against Victor Lewis, rejecting his constitutional challenges to Florida's omnibus theft statute (Section 812.014). The court held that the statute is not unconstitutionally vague, overbroad, or subject to selective
• Louette v. State
  152 Fla. 495· Fla.· 1943-03-05 ·cited 91×
  The Florida Supreme Court reversed convictions of two defendants for receiving stolen property after the trial court admitted highly incriminating statements made by the defendants while in police custody without first determining whether those statements were freely and voluntar
• Augusta Hamilton v. State
  129 Fla. 219· Fla.· 1937-09-03 ·cited 89×
  Augusta Hamilton was convicted of receiving and concealing stolen property. The Florida Supreme Court reversed because the information improperly charged multiple distinct offenses in a single count, the trial court erred by refusing to require the State to elect which offense it
• State v. Graham
  238 So. 2d 618· Fla.· 1970-07-22 ·cited 78×
  The Florida Supreme Court reviewed a reversal of a stolen property conviction by the Third District Court of Appeal, addressing whether unexplained possession of recently stolen goods alone is sufficient to prove guilty knowledge. The Court affirmed the District Court's reversal,
• Cortes v. State
  135 Fla. 589· Fla.· 1938-12-16 ·cited 76×
  Jack Cortes was convicted of receiving stolen cigarettes. On appeal to the Florida Supreme Court, Cortes raised nine issues challenging the validity of the information, the admissibility of evidence obtained through improper police conduct, and the trial court's evidentiary rulin
• Jordan v. State
  107 Fla. 333· Fla.· 1932-11-28 ·cited 75×
  John Jordan was convicted of breaking and entering after stolen jewelry was found in his possession. The Florida Supreme Court affirmed his conviction despite finding that the trial judge improperly allowed cross-examination questions about prior arrests, because the evidence of
• Pearson v. United States
  192 F.2d 681· 6th Cir.· 1951-11-26 ·cited 74×
  The court held that the circumstantial evidence was sufficient to sustain the convictions of the appellants for receiving and possessing stolen liquor, despite their contentions of insufficient evidence.
• United States v. Chiarella
  184 F.2d 903· 2d Cir.· 1950-10-30 ·cited 74×
  The court affirmed convictions but allowed appellants Chiarella and Stancin to brief the issue of whether cumulative sentences for receiving and possessing counterfeit bills constitute punishment for the same crime.
• Madsen v. United States
  165 F.2d 507· 10th Cir.· 1947-12-17 ·cited 71×
  The court held that the indictment was sufficient, the counts were not duplicitous, the jury instructions were not erroneous, and the evidence was sufficient to support the guilty verdict.
• Knowles v. State
  86 Fla. 270· Fla.· 1923-09-15 ·cited 65×
  George Knowles was convicted of receiving stolen property and aiding in concealment of stolen avocado pears based primarily on accomplice testimony. The Florida Supreme Court reversed the conviction, finding the evidence insufficient to sustain the guilty verdict and ordering a n
• Franklin v. State
  66 Fla. 213· Fla.· 1913-10-28 ·cited 65×
  Franklin was convicted of receiving stolen goods with knowledge they were stolen. The Florida Supreme Court reversed, holding that the state failed to prove the essential element of knowledge, as the undisputed evidence showed Franklin reluctantly stored goods for another and imm
• Seefeldt v. United States
  183 F.2d 713· 10th Cir.· 1950-06-29 ·cited 62×
  The court held that there was sufficient evidence to support the jury's finding that the defendant knew the automobile was stolen and that it was moving in interstate commerce when he received it.
• Anthony v. State
  44 Fla. 1· Fla.· 1902-01-01 ·cited 61×
  M. Q. Anthony was convicted of receiving stolen property (pork loins) knowing it was stolen, in violation of Florida law. The Florida Supreme Court affirmed the conviction after reviewing fifteen assignments of error, finding no reversible error in the admission of evidence, conf
• Wolfgang Arnold v. Int'l Bus. Machs. Corp.
  637 F.2d 1350· 9th Cir.· 1981-02-05 ·cited 60×
  The court held that the defendants' involvement with the criminal investigation did not proximately cause the plaintiff's injuries, and therefore summary judgment was appropriate.
• Thomas v. State
  374 So. 2d 508· Fla.· 1979-07-26 ·cited 60×
  Daniel Morris Thomas was convicted of first-degree murder and three additional felonies for a brutal home invasion, shooting, robbery, and sexual assault in Polk County, Florida. The Florida Supreme Court affirmed his conviction and death sentence, rejecting arguments regarding s
• United States v. Cassius Carter
  491 F.2d 625· 5th Cir.· 1974-03-22 ·cited 60×
  The court held that the trial court erred in excluding defendant's testimony regarding conversations about a stolen vehicle and in delivering a prejudicial supplemental jury charge on circumstantial evidence.
• United States v. Carengella
  198 F.2d 3· 7th Cir.· 1952-07-15 ·cited 59×
  The court held that there was insufficient evidence to convict Di Vito and Blandi of aiding and abetting the receipt and possession of stolen whiskey, but sufficient evidence to convict Carengella.
• Licata v. State
  81 Fla. 649· Fla.· 1921-05-03 ·cited 59×
  This case reviews the sufficiency of a jury verdict in a criminal trial for receiving stolen property. The court determined that the verdict, by referencing the information, sufficiently conveyed the jury's finding on all essential elements of the crime, including the knowledge t
• United States v. Boyd
  446 F.2d 1267· 5th Cir.· 1971-08-03 ·cited 58×
  The conviction is reversed and remanded because the jury was allowed to consider property other than that included in the indictment as proof of the charged offense, constituting an improper use of 'other crime' evidence.
• Baker v. United States
  393 F.2d 604· 9th Cir.· 1968-04-04 ·cited 57×
  The court held that the joinder of defendants and offenses was permissible, the denial of motions for severance and speedy trial was not an abuse of discretion, the evidence was sufficient to support the convictions, and the discrepancies in the indictment and admission of a co-d
• Hart v. State
  92 Fla. 809· Fla.· 1926-10-22 ·cited 56×
  The Florida Supreme Court reversed a conviction for receiving stolen property, finding insufficient evidence that the defendant knew the property was stolen when he received it. The court emphasized the necessity of proving this knowledge for a conviction.
• United States v. Ploof
  464 F.2d 116· 2d Cir.· 1972-07-03 ·cited 55×
  The court held that the trial judge did not err in jury selection, jury instructions, or in convicting the appellants for receiving and concealing a stolen vehicle, nor in charging multiple conspiracy counts.
• Guido DI Bona v. State
  121 So. 2d 192· Fla. 2d DCA· 1960-06-10 ·cited 55×
  DiBona was convicted of unlawfully receiving a stolen mink coat. He appealed arguing he was denied a preliminary hearing after warrantless arrest and that there was a variance between the charged offense date and proof presented at trial. The court affirmed, holding that a prelim
• Fayerweather v. State
  332 So. 2d 21· Fla.· 1976-04-28 ·cited 54×
  The Florida Supreme Court held that conduct violating both the State Credit Card Crime Act and the general stolen property statute may be prosecuted and punished under the latter, despite the credit card act imposing lesser penalties. The court rejected the argument that the cred
• Mora v. United States
  190 F.2d 749· 5th Cir.· 1951-08-07 ·cited 54×
  The court held that the admission of co-defendants' confessions without limitation until the final charge was prejudicial error, requiring reversal and remand for a new trial for both appellants.
• United States v. Licavoli
  604 F.2d 613· 9th Cir.· 1979-09-13 ·cited 53×
  The court held that the authorization orders for electronic surveillance were valid, and the trial court did not err in admitting evidence or denying hearings.
• Broxson v. State
  99 Fla. 1187· Fla.· 1930-05-22 ·cited 50×
  Dewey Broxson was convicted of receiving and aiding in the concealment of stolen automobile parts valued at less than $50. The Florida Supreme Court affirmed his conviction and sentence to 18 months in state prison, holding that receiving stolen property is a felony regardless of
• United States v. Miller
  688 F.2d 652· 9th Cir.· 1982-09-21 ·cited 49×
  The court held that a theft victim's search of a suspect's property, even with prior police contact and consent, was not a government search subject to Fourth Amendment requirements because the victim acted on his own initiative to recover his property and gained access via conse
• Emery Baldwin and Albert Tillman v. State
  46 Fla. 115· Fla.· 1903-06-01 ·cited 49×
  Emery Baldwin and Albert Tillman were convicted of grand larceny for stealing oats, ground feed, and bran from G. A. Dreka. The Florida Supreme Court upheld Tillman's conviction but reversed Baldwin's, finding the evidence insufficient to prove him a principal in the larceny, tho
• United States v. McCLAIN
  545 F.2d 988· 5th Cir.· 1977-01-24 ·cited 48×
  The court held that the trial court erred in instructing the jury that Mexico had declared ownership of all pre-Columbian artifacts since 1897, as this declaration was not made until 1972. Therefore, the illegal exportation of artifacts prior to 1972 could not be considered 'stol
• United States v. Wolfenbarger
  426 F.2d 992· 6th Cir.· 1970-05-15 ·cited 48×
  The court held that the evidence was sufficient to support the conviction for receiving a stolen motor vehicle, as it allowed for inferences of possession and guilty knowledge.
• United States v. Riso
  405 F.2d 134· 7th Cir.· 1968-12-27 ·cited 48×
  The court held that the defendant's arrest was based on probable cause, the search of his car trunk was valid, the government proved the painting's value exceeded $5,000, and there was sufficient evidence of his knowledge that the painting was stolen.
• Minor v. State
  55 Fla. 90· Fla.· 1908-01-01 ·cited 48×
  D. A. Minor was convicted of receiving stolen property (cigars). The Florida Supreme Court reversed the conviction, holding that the evidence was insufficient to prove Minor knew or should have known the property was stolen, as mere possession, suspicious circumstances, or a belo
• United States v. Rosa
  705 F.2d 1375· 1st Cir.· 1983-04-11 ·cited 47×
  The court held that the trial court did not err in admitting evidence of a death threat, in its jury instructions on aiding and abetting, or in refusing a special cautionary instruction for a witness with a mental condition.
• United States v. Strauss
  678 F.2d 886· 11th Cir.· 1982-06-11 ·cited 47×
  The court held that the trial court's jury instructions and admission of coconspirator statements were not reversible error, and the evidence was sufficient to support the convictions.
• United States v. Norbert A. Brown
  635 F.2d 1207· 6th Cir.· 1980-12-17 ·cited 47×
  The court held that the warrantless search of the automobile trunk was lawful under the automobile exception due to probable cause and exigent circumstances, and that the defendant had no legitimate expectation of privacy in the unsealed paper bag seized from the trunk. Furthermo
• Winton v. State
  87 Fla. 104· Fla.· 1924-02-13 ·cited 47×
  Robert Winton was convicted of receiving stolen property (Miramar Hotel bonds) in Dade County. The Florida Supreme Court reversed the conviction, finding insufficient evidence that Winton received the property with knowledge it was stolen or under circumstances that would alert a
• McKENZIE v. Lamb
  738 F.2d 1005· 9th Cir.· 1984-07-24 ·cited 46×
  The court held that the officers lacked probable cause for the felony arrest and that the district court erred in granting summary judgment on the excessive force claim. The court affirmed summary judgment for Clifford Hazelton.
• United States v. Tashjian
  660 F.2d 829· 1st Cir.· 1981-09-30 ·cited 46×
  The court held that the joinder of counts was permissible under Rule 8(b) following the Supreme Court's clarification of RICO's scope, and that the trial court did not abuse its discretion in denying severance motions or in refusing to grant a new trial based on alleged prosecuto
• 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
• United States v. Bryant
  490 F.2d 1372· 5th Cir.· 1974-03-18 ·cited 46×
  The court held that the evidence was sufficient to prove the identity of the stolen vehicle, establish Bryant's guilt, and that the admission of extraneous offense evidence and the exclusion of certain defense evidence were not grounds for reversal. The court also found that a wi
• State v. Matney
  236 So. 2d 166· Fla. 1st DCA· 1970-06-09 ·cited 46×
  The State appeals the trial court's dismissal of criminal charges against the defendants based on the trial court's order requiring disclosure of a confidential informant's identity, which the State refused to provide. The appellate court holds that the trial court abused its dis
• Dusky ARD v. State
  108 So. 2d 38· Fla.· 1959-01-07 ·cited 46×
  Dusky ARD was convicted of receiving stolen property after the prosecutor improperly commented during closing argument that ARD had failed to provide a reasonable explanation at trial. The Florida Supreme Court held that when a defendant is found in possession of recently stolen