Right To Confront Accusers

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

• United States ex rel. Luther Miller v. Twomey
  479 F.2d 701· 7th Cir.· 1973-05-16 ·cited 141×
  The dissenting judge would reverse the dismissal of claims alleging cruel and unusual punishment due to reckless endangerment and apply the full procedural safeguards of Morrissey v. Brewer to parole and good time revocation proceedings.
• McArthur Breedlove v. State
  580 So. 2d 605· Fla.· 1991-05-09 ·cited 108×
  McArthur Breedlove, convicted of murder and sentenced to death, appealed the denial of his Rule 3.850 postconviction motion claiming Brady v. Maryland violations based on the prosecution's alleged failure to disclose evidence of detectives' criminal activities and investigations.
• Morrell v. State
  297 So. 2d 579· Fla. 1st DCA· 1974-06-27 ·cited 80×
  The court held that while a defendant has a right to cross-examine a witness about potential bias, prior criminal charges that are too remote in time do not provide a basis for such an argument.
• Nixon v. Singletary
  758 So. 2d 618· Fla.· 2000-01-27 ·cited 78×
  Joe Elton Nixon, a death row inmate, challenged his conviction for first-degree murder, claiming his trial counsel provided ineffective assistance by admitting his guilt during opening and closing arguments without his consent. The Florida Supreme Court held that such guilt admis
• Wiley v. Sowders
  647 F.2d 642· 6th Cir.· 1981-04-24 ·cited 70×
  A criminal defendant is deprived of effective assistance of counsel when their attorney admits the client's guilt to the jury without first obtaining the client's consent to this strategy.
• Chavis v. Rowe
  643 F.2d 1281· 7th Cir.· 1981-03-11 ·cited 64×
  The court held that an inmate stated a due process claim by alleging failure to disclose exculpatory evidence and inadequate written reasons for disciplinary action, and an Eighth Amendment claim for cruel and unusual punishment due to severe overcrowding.
• Sieling v. Eyman
  478 F.2d 211· 9th Cir.· 1973-04-23 ·cited 63×
  A finding of competency to stand trial is insufficient to establish competency to waive constitutional rights by pleading guilty when the defendant's mental capacity has been put in issue.
• McCHESNEY v. Henderson
  482 F.2d 1101· 5th Cir.· 1973-07-26 ·cited 51×
  A state court guilty plea is valid if intelligently and voluntarily made, even without express articulation of all constitutional rights, and post-conviction evidence can cure a silent trial record.
• McCRAE v. W.T. Hankins
  720 F.2d 863· 5th Cir.· 1983-12-05 ·cited 49×
  The court held that while prison regulations created a liberty interest in avoiding extended lockdown, the procedures afforded were constitutionally adequate. However, the court reversed the dismissal of the property claim, finding that an intentional deprivation of property is n
• State v. Carr
  438 So. 2d 826· Fla.· 1983-09-29 ·cited 48×
  The court held that an appeal following a nolo contendere plea is fatal if a legally dispositive issue was not expressly reserved, but also noted that the trial court erred in denying a motion to compel discovery of a victim's address without sufficient justification.
• Davis v. State
  277 So. 2d 300· Fla. 2d DCA· 1973-04-19 ·cited 48×
  Earl Davis appealed his guilty pleas and sentences for robbery, extortion, breaking and entering, and petit larceny, claiming he was denied the right to appeal. The court held that Davis's guilty pleas were freely and voluntarily given with full knowledge of consequences, but rem
• Buck Wilcoxon v. United States
  231 F.2d 384· 10th Cir.· 1956-02-20 ·cited 48×
  The court held that a conviction based on testimony from witnesses who did not understand their oath is affirmed if the issue is not timely raised, constituting a waiver.
• Jackson v. Carlson
  707 F.2d 943· 7th Cir.· 1983-05-12 ·cited 46×
  Federal prison disciplinary proceedings that provide adequate notice, opportunity to confront witnesses, and rely on some direct or reliable hearsay evidence do not violate due process, even if informal.
• van Bourg v. Nitze
  388 F.2d 557· D.C. Cir.· 1967-10-17 ·cited 46×
  The court held that the Navy Discharge Review Board's failure to provide a summary of ex parte reports and make required findings of fact constituted a procedural error, and the appellant's 1951 resignation did not waive his right to a proper review in 1963.
• Todd v. Lockhart
  490 F.2d 626· 8th Cir.· 1974-01-16 ·cited 42×
  A defective plea-taking record can be cured by a post-conviction hearing if the state affirmatively proves the plea was voluntary and intelligent.
• Major A. Eberhart, Jr. v. United States
  262 F.2d 421· 9th Cir.· 1958-12-29 ·cited 40×
  The court held that claims of illegal search and seizure, and the government's failure to produce a witness, were frivolous and should have been raised on direct appeal.
• Buttler v. State
  238 So. 2d 313· Fla. 3d DCA· 1970-08-04 ·cited 37×
  Appellant Buttler was convicted by jury of unlawful sale of marijuana and appealed on three grounds: constitutional classification of marijuana as a narcotic, denial of speedy trial, and failure to disclose witness names. The court affirmed the conviction, finding no error on any
• United States v. Winford Earl Brown
  899 F.2d 677· 7th Cir.· 1990-04-12 ·cited 36×
  The court held that the defendant failed to provide sufficient evidence to prove his prior state misdemeanor convictions were constitutionally invalid, and thus the district court did not err in using them for sentencing.
• Brown-Bey v. United States
  720 F.2d 467· 7th Cir.· 1983-11-01 ·cited 34×
  The court held that the district court's dismissal of the appellant's claims was proper, as the Privacy Act claim failed because only agencies, not individuals, can be sued, and the other claims lacked merit or were not cognizable federal claims.
• Nixon v. State
  857 So. 2d 172· Fla.· 2003-07-10 ·cited 33×
  Joe Elton Nixon, a death row inmate, appealed the denial of postconviction relief based on his trial counsel's admission of his guilt without his explicit consent. The Florida Supreme Court reversed and remanded for a new trial, holding that silent acquiescence to a counsel's str
• Stinson v. Turner
  473 F.2d 913· 10th Cir.· 1973-02-27 ·cited 32×
  The court held that the record affirmatively showed the guilty plea was intelligent and voluntary, satisfying due process requirements.
• United States v. McWILLIAMS
  730 F.2d 1218· 9th Cir.· 1984-02-02 ·cited 30×
  A defendant cannot challenge a federal firearms conviction based on the invalidity of a prior predicate felony conviction, even if that conviction is constitutionally infirm.
• Meller v. State OF Mo.
  431 F.2d 120· 8th Cir.· 1970-08-17 ·cited 30×
  The court held that the defendant's 1952 guilty plea and waiver of counsel were voluntary and intelligent, and that the Boykin v. Alabama decision should not be applied retroactively.
• Miller v. Miller
  671 So. 2d 849· Fla. 5th DCA· 1996-04-12 ·cited 29×
  In this family law appeal, the Florida District Court of Appeal reversed a trial court's modification of child custody from father to mother, holding that the trial court committed reversible error by refusing to allow cross-examination of the Guardian Ad Litem whose report was p
• Buckley v. Butler
  825 F.2d 895· 5th Cir.· 1987-08-27 ·cited 28×
  The court held that the record sufficiently demonstrated that the defendant's admission of prior convictions in the multiple bill proceeding was intelligent and voluntary, satisfying any applicable Boykin-type requirements.
• Edwards v. ST. Louis-San Francisco R.R. Co.
  361 F.2d 946· 7th Cir.· 1966-05-13 ·cited 28×
  The court held that the district court correctly dismissed the action against the railroad for lack of jurisdiction and service, and correctly refused to review the National Railroad Adjustment Board's award.
• Griffith v. Wyrick
  527 F.2d 109· 8th Cir.· 1975-12-08 ·cited 26×
  A guilty plea induced by a belief of a specific sentence, especially when combined with claims of coercion, is involuntary if that belief is not unreasonable and not properly addressed by the court.
• Wilkins v. Erickson
  505 F.2d 761· 9th Cir.· 1974-11-06 ·cited 22×
  Boykin v. Alabama does not require a state court judge to specifically articulate the three federal constitutional rights waived by a guilty plea; a reviewing court can find a plea voluntary and intelligent from the entire record, including a post-conviction evidentiary hearing.
• United States ex rel. Sheldon Leeson v. Damon
  496 F.2d 718· 2d Cir.· 1974-04-01 ·cited 22×
  The court held that erroneous advice from counsel regarding sentencing does not constitute ineffective assistance of counsel unless it is so egregious as to shock the conscience.
• McPHERSON v. State
  237 So. 2d 18· Fla. 1st DCA· 1970-06-25 ·cited 22×
  James Edward McPherson appealed his conviction based on a nolo contendere plea, arguing the record failed to show his plea was knowingly, intelligently, and voluntarily entered. The Florida District Court of Appeal affirmed the conviction but emphasized the importance of trial co
• Barksdale v. Blackburn
  670 F.2d 22· 5th Cir.· 1982-03-08 ·cited 20×
  The court held that the dismissal of the appeal as untimely was improper because the appeal period runs from the date of entry of the judgment, not the filing date, and affirmed the denial of habeas corpus relief on the merits.
• United States v. Escandar
  465 F.2d 438· 5th Cir.· 1972-01-24 ·cited 20×
  The court held that a defendant's voluntary in-court testimony, even if inculpatory, does not trigger the mandatory warnings and inquiries required for guilty pleas under Rule 11.
• Baker v. State
  150 So. 2d 729· Fla. 3d DCA· 1963-03-12 ·cited 20×
  Baker was convicted of operating a gambling house based on evidence obtained from a search warrant issued on an affidavit signed by R. Brown. The court reversed the conviction, holding that when a defendant challenges whether the affiant actually exists and the State refuses to i
• Valentin Hernandez v. State
  360 So. 2d 39· Fla. 3d DCA· 1978-06-13 ·cited 19×
  The court held that the trial court did not abuse its discretion in limiting cross-examination regarding the complaining witness's alleged political bias.
• United States v. Dickerson
  901 F.2d 579· 7th Cir.· 1990-05-01 ·cited 16×
  The court held that the district court properly applied the sentencing enhancement statute, 18 U.S.C. § 924(e), considering both the defendant's 1982 Illinois burglary conviction and 1975 Illinois robbery conviction as 'violent felonies'.
• Neyland v. Blackburn
  785 F.2d 1283· 5th Cir.· 1986-03-31 ·cited 16×
  The court held that the petitioner's guilty plea and sentence enhancement were constitutionally valid, as the record demonstrated the plea was knowing and voluntary, and the enhanced sentence was based on adequate warnings and counsel's authorized admissions.
• Horne Bros., Inc. v. Laird
  463 F.2d 1268· D.C. Cir.· 1972-05-17 ·cited 16×
  A contractor's suspension for over one month without an opportunity to be heard or rebut charges violates fundamental fairness, but rejection of a bid within one month of suspension is permissible.
• State v. DeVILLE
  258 So. 2d 492· Fla. 3d DCA· 1972-02-29 ·cited 16×
  Florida appeals a trial court order excluding testimony of a key witness based on the defendant's alleged inability to obtain a pretrial deposition. The appellate court reversed, finding the trial court abused its discretion by excluding the witness's testimony as punishment for
• COX v. United States
  351 F.2d 280· 8th Cir.· 1965-10-08 ·cited 16×
  The court held that issues of illegal arrest and search/seizure, if known at trial, cannot be raised in a § 2255 motion and must be addressed on direct appeal.
• Sturgis v. Goldsmith
  796 F.2d 1103· 9th Cir.· 1986-08-11 ·cited 15×
  A defendant does not have a constitutional right to be present at a competency hearing, as it is a preliminary proceeding and not a critical stage of trial.
• United States v. Fort
  443 F.2d 670· D.C. Cir.· 1970-12-14 ·cited 15×
  The court affirmed the conviction for contempt of Congress, holding that the statute is constitutional and that the appellant was not denied any constitutionally protected rights during the investigation.
• Warner S. Olds v. State
  302 So. 2d 787· Fla. 4th DCA· 1974-10-25 ·cited 14×
  A defense attorney was held in contempt of court for attempting to impeach a prosecution witness who was also represented by the attorney's office. The Florida District Court of Appeal reversed, holding that the attorney's zealous cross-examination efforts, undertaken to protect
• Dunn v. Simmons
  877 F.2d 1275· 6th Cir.· 1989-06-13 ·cited 12×
  The court held that the Kentucky Supreme Court's procedure for challenging guilty pleas does not violate the Constitution, as it requires the defendant to present evidence of invalidity before the state must prove the plea's validity.
• Green v. Bd. OF Sch. Comm'rs of the City OF Indianapolis
  716 F.2d 1191· 7th Cir.· 1983-09-15 ·cited 12×
  A public employee's dismissal hearing is constitutionally adequate if the employee is informed of the charges and given an opportunity to disprove them, even if accusers' identities are kept secret.
• Grant v. State
  316 So. 2d 282· Fla.· 1975-06-25 ·cited 12×
  The Florida Supreme Court reviewed whether a trial judge properly established a factual basis for a guilty plea to manslaughter under Criminal Procedure Rule 3.170(j). The Court affirmed the plea, holding that while a factual basis determination is required, the negotiated nature
• United States v. Weldon Mack Gearin
  496 F.2d 691· 5th Cir.· 1974-06-24 ·cited 12×
• Artis Scarborough v. State
  278 So. 2d 657· Fla. 2d DCA· 1973-05-30 ·cited 12×
  A guilty plea is valid even if the defendant pleads to avoid a potential death sentence, provided the plea is knowing and voluntary and counsel's advice was competent.
• Henzel v. State
  212 So. 2d 92· Fla. 3d DCA· 1968-06-18 ·cited 11×
  Leo Henzel appeals his conviction for grand larceny by fraudulent representation, claiming he was denied his right to be present at trial when prosecution witnesses testified in his absence. The Florida appellate court affirmed the conviction, holding that Henzel waived his right
• Walker v. Maggio
  738 F.2d 714· 5th Cir.· 1984-08-20 ·cited 10×
  The court held that the petitioner failed to overcome the presumption of correctness accorded to the state court's finding that his guilty plea was knowingly and voluntarily entered.
• In the Interest of W.B.
  428 So. 2d 309· Fla. 4th DCA· 1983-03-16 ·cited 10×
  A fourteen-year-old juvenile appeals a 1979 adjudication of delinquency for breaking and entering, arguing the guilty plea was involuntary. The court reverses and remands for an evidentiary hearing to determine plea voluntariness, holding that a juvenile has habeas corpus rights