Right To Confront Accusers

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

• Lockett v. Henderson
  484 F.2d 62· 5th Cir.· 1973-08-31 ·cited 10×
  A guilty plea is voluntary even if the accused is not specifically apprised of the right to trial by jury, privilege against self-incrimination, and right to confront accusers. The district court's memorandum of reasons was sufficient under Rule 52(a).
• Stewart v. Peters
  958 F.2d 1379· 7th Cir.· 1992-02-27 ·cited 8×
  A guilty plea is voluntary and intelligent if the defendant understands the rights they are waiving and the consequences of the plea, even if the record lacks explicit admissions or detailed explanations of statutory elements.
• Gardner v. State
  530 So. 2d 404· Fla. 3d DCA· 1988-08-23 ·cited 8×
  The trial court erred by excluding defense counsel's testimony and limiting cross-examination regarding a photographic identification procedure.
• Clark v. Wyrick
  538 F.2d 1327· 8th Cir.· 1976-07-20 ·cited 8×
  The court held that a Rule 60(b) motion cannot serve as a substitute for a timely appeal from the original judgment.
• Griffin v. Cal. Adult Auth.
  464 F.2d 602· 9th Cir.· 1972-07-24 ·cited 8×
  The court held that the district court's dismissal of the habeas corpus petition was premature because the prisoner's claims regarding denial of counsel and confrontation rights at parole revocation required further factual development.
• Leora J. Bishop v. McKEE
  400 F.2d 87· 10th Cir.· 1968-08-26 ·cited 8×
  The court held that the agency substantially complied with procedural steps in removing the appellant and that the remedy of removal was within the agency's discretion.
• Rose v. Woolwine
  344 F.2d 993· 4th Cir.· 1965-05-03 ·cited 8×
  A Special Inquiry Officer has the authority to conduct a hearing allowing an alien to impeach damaging information in their file, as this pertains to the severity and consequences of deportation.
• Adams v. R.S. Peterson
  968 F.2d 835· 9th Cir.· 1992-06-24 ·cited 7×
  The court held that the majority's distinction between de jure and de facto guilty pleas, focusing on labels rather than substance, is flawed and undermines constitutional protections.
• Abreu v. State
  804 So. 2d 442· Fla. 4th DCA· 2001-10-24 ·cited 6×
  The Fourth District Court of Appeal reversed Abreu's conviction because the trial court violated his Sixth Amendment confrontation clause right by admitting prior trial testimony from a key witness without establishing the witness's unavailability. The court held that Florida's a
• United States v. DeFOREST
  946 F.2d 523· 7th Cir.· 1991-10-17 ·cited 6×
  The court held that the defendant's prior convictions were validly obtained and sufficient to support the sentence enhancement under 18 U.S.C. § 924(e).
• Raley v. Parke
  945 F.2d 137· 6th Cir.· 1991-09-19 ·cited 6×
  The court held that the 1980 guilty plea was validly entered, but the 1981 plea was not sufficiently proven to be knowing and intelligent. A conditional writ of habeas corpus was granted, allowing the state to hold a new evidentiary hearing on the 1981 plea.
• Mathews v. State
  353 So. 2d 1274· Fla. 2d DCA· 1978-01-20 ·cited 6×
  Appellant Mathews was convicted of aggravated assault (count 1) and battery (count 2) along with codefendant Baker for beating two white victims in a jail drunk tank. The court reversed the aggravated assault conviction, holding that the trial court violated Bruton rights by admi
• McCUMBER v. State
  182 So. 2d 627· Fla. 3d DCA· 1966-02-15 ·cited 6×
  McCumber appeals his conviction for breaking and entering a dwelling and grand larceny, challenging the admission of incriminating statements made during police interrogation and objecting to prosecutorial comments about a co-charged suspect. The court affirmed the conviction, fi
• United States v. Colston
  936 F.2d 312· 7th Cir.· 1991-07-03 ·cited 4×
  The court held that inconsistencies in a witness's testimony do not automatically render it incredible, and a jury may accept parts of the testimony while rejecting others. The court also held that a guilty plea is valid for sentence enhancement if it is shown to be intelligent a
• Bradley v. Colonial Mental Health & Retardation Servs. Bd.
  856 F.2d 703· 4th Cir.· 1988-09-19 ·cited 4×
  The court held that the Bradleys' due process rights were not violated because the employer's grievance procedure, established by an employee manual, provided sufficient procedural safeguards, and the Bradleys failed to demonstrate bias or an inability to confront their accusers.
• Eugene v. Klecker
  636 F.2d 250· 8th Cir.· 1980-12-31 ·cited 4×
  The court held that the disciplinary procedures at the North Dakota State Penitentiary did not violate the inmate's constitutional rights, affirming the dismissal of his complaint.
• Salter v. State
  382 So. 2d 892· Fla. 4th DCA· 1980-04-30 ·cited 4×
  The court held that the trial court erred in unduly restricting the defendant's cross-examination of state witnesses regarding prior lineup misidentifications.
• Nieves v. State
  849 So. 2d 435· Fla. 3d DCA· 2003-07-16 ·cited 2×
  The court held that the trial court did not err in limiting cross-examination regarding a witness's probationary status and in excluding defense witness testimony, nor in denying the admission of character evidence.
• Moore v. State
  658 So. 2d 600· Fla. 1st DCA· 1995-07-19 ·cited 2×
  The court held that the trial court erred by admitting hearsay statements without making case-specific findings of reliability, thus denying the appellant due process.
• Carter v. State
  606 So. 2d 675· Fla. 4th DCA· 1992-09-23 ·cited 2×
  The Florida Fourth District Court of Appeal affirmed Jeffrey Dean Carter's convictions for sexual battery and lewd and lascivious conduct against his daughter, but reversed his sentences as improper departures from sentencing guidelines and remanded for resentencing. The court re
• United States v. Crispin
  757 F.2d 611· 5th Cir.· 1985-03-26 ·cited 2×
  The court held that while the district court erred in admitting judgments of conviction for unlawful entry, this error was harmless beyond a reasonable doubt given the overwhelming other evidence. The conviction is affirmed.
• Ford v. State
  317 So. 2d 473· Fla. 1st DCA· 1975-08-12 ·cited 2×
  Kenneth Lee Ford appealed his nolo contendere plea to a robbery charge, arguing the trial court failed to explicitly advise him of his rights against self-incrimination, to jury trial, and to confront accusers. The Florida appellate court affirmed the conviction, holding that whe
• Del. Opinion 321510
  2019 WL 6048089· Del. Super. Ct.· 2021-06-23 ·cited 1×
  The Court denied the defendant's motions for postconviction relief, discovery, and an evidentiary hearing. The court found that most of the defendant's claims were procedurally barred due to failure to raise them in prior proceedings or because they had been previously adjudicate
• Adams v. R.S. Peterson
  939 F.2d 1369· 9th Cir.· 1991-07-30 ·cited 1×
  The dissent argues that the defendant's stipulation to facts mirroring the indictment constituted a de facto guilty plea, requiring the protections of Boykin v. Alabama, which were not afforded.
• Blazejowski v. Sec'y, Dep't of Corr. (St. Johns County)
  M.D. Fla.· 2024-03-27
  Tawny Blazejowski sought federal habeas corpus relief under 28 U.S.C. § 2254, challenging her 2014 Florida state court convictions for threats or extortion, aggravated stalking, and false reports of child abuse, as well as a 2018 probation revocation. The district court denied he
• Pavlik v. United States
  951 F.2d 220· 9th Cir.· 1991-12-16
  The court held that the administrative hearing did not violate due process and that substantial evidence supported the finding of a violation of the Halibut Act.
• Hardy v. Wigginton
  922 F.2d 294· 6th Cir.· 1990-10-29
  The court held that the petitioner's claim that a child witness must testify in the physical presence of the trier of fact constitutes a 'new rule' that is not retroactively applicable on federal habeas review.
• Sheppard v. Hutto
  535 F.2d 449· 8th Cir.· 1976-05-11
  The court held that the district court's findings regarding ineffective assistance of counsel, violation of confrontation rights, and self-incrimination were correct, affirming the denial of the habeas corpus application.
• Kelly v. State
  254 So. 2d 22· Fla. 1st DCA· 1971-11-02
  A guilty plea conviction will not be reversed if the record, taken as a whole, demonstrates the plea was voluntary and knowing, even if the trial judge did not explicitly advise the defendant of all constitutional rights, especially when counsel explained the consequences and the