Right To Confrontation

1,397 Florida cases classified under this topic, plus 183 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Richardson v. State
  246 So. 2d 771· Fla.· 1971-03-31 ·cited 1704×
  The Florida Supreme Court reversed Richardson's arson conviction due to two prosecutorial errors: the State's failure to timely disclose a key witness's name (Dick Davis) in violation of discovery rules, and the State's prejudicial use of an accomplice witness (Grooms) who invoke
• Thompson v. State
  759 So. 2d 650· Fla.· 2000-04-13 ·cited 347×
  William L. Thompson, a death row inmate, appealed the denial of his Rule 3.850 postconviction motion and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the trial court's summary denial of the motion and rejected all claims, finding most were procedurally
• Fredford James Eutsey v. State
  383 So. 2d 219· Fla.· 1980-04-24 ·cited 336×
  The Florida Supreme Court upheld the constitutionality of Florida's habitual offender statute (section 775.084) against a due process challenge, holding that enhanced sentencing proceedings need not provide all the procedural safeguards of criminal trials for determining guilt. T
• McDUFFIE v. State
  970 So. 2d 312· Fla.· 2007-11-21 ·cited 277×
  Roy Lee McDuffie was convicted of two first-degree murders, robbery with a firearm, and false imprisonment in connection with the October 2002 deaths of two Dollar General employees. The Florida Supreme Court reversed his convictions and death sentences, finding that multiple tri
• Dusty Ray Spencer v. State
  645 So. 2d 377· Fla.· 1994-09-22 ·cited 266×
  Dusty Ray Spencer was convicted of first-degree murder in the killing of his wife Karen Spencer and sentenced to death. The Florida Supreme Court affirmed the murder conviction but vacated the death sentence and remanded for resentencing because the trial court improperly found t
• United States v. Diecidue
  603 F.2d 535· 5th Cir.· 1979-10-01 ·cited 226×
  A RICO conspiracy indictment adequately alleges an essential element when it charges defendants with willfully and knowingly conspiring to violate 18 U.S.C.A. § 1962(c) and describes the nature of the racketeering activities composing the alleged pattern. The definition of 'enter
• Finney v. State
  660 So. 2d 674· Fla.· 1995-07-20 ·cited 222×
  Charles Finney appeals his convictions for first-degree murder, armed robbery, and dealing in stolen property, as well as his death sentence, in the stabbing death of Sandra Sutherland. The Florida Supreme Court affirmed all convictions and the death penalty after finding suffici
• Ford v. Strickland
  696 F.2d 804· 11th Cir.· 1983-01-07 ·cited 214×
  The court held that the Florida Supreme Court's practice of considering non-record material on direct appeal in capital cases violates due process, and that failure to require full resentencing after invalidating aggravating factors is an error.
• Hyser v. Reed
  318 F.2d 225· D.C. Cir.· 1963-04-11 ·cited 203×
  Parolees are entitled to a hearing at a geographically reasonable location but not to appointed counsel, compulsory process, or confrontation in all cases.
• United States v. Silverstein
  732 F.2d 1338· 7th Cir.· 1984-04-26 ·cited 200×
• Ruiz v. State
  743 So. 2d 1· Fla.· 1999-04-01 ·cited 193×
  Walter Ruiz was convicted of first-degree murder and sentenced to death for a murder-for-hire killing. The Florida Supreme Court reversed his conviction and vacated his sentence due to egregious prosecutorial misconduct during both guilt and penalty phases of trial, including imp
• United States v. Berkowitz
  662 F.2d 1127· 5th Cir.· 1981-12-07 ·cited 189×
  The court held that the district court did not abuse its discretion in denying motions for severance, limiting cross-examination, or in its handling of other issues raised by the defendants.
• United States v. Kahn
  381 F.2d 824· 7th Cir.· 1967-06-29 ·cited 185×
  The court held that the indictment was sufficient, the credibility and lying witness instructions were not erroneous, the denial of a mistrial upon a co-defendant's guilty plea was not an abuse of discretion, and the denial of severance was proper.
• Roberts v. State
  568 So. 2d 1255· Fla.· 1990-09-06 ·cited 171×
  Rickey Bernard Roberts, a death row inmate convicted of first-degree murder, armed sexual battery, and armed kidnapping, sought postconviction relief under Florida Rule of Criminal Procedure 3.850 and a writ of habeas corpus challenging his conviction and death sentence. The Flor
• Tompkins v. State
  502 So. 2d 415· Fla.· 1986-12-30 ·cited 159×
  Wayne Tompkins was convicted of first-degree murder and sentenced to death for strangling 15-year-old Lisa DeCarr in 1983. The Florida Supreme Court affirmed both the conviction and death sentence, rejecting challenges to the admission of Tompkins' confession, cross-examination l
• Will Blackwell and Robert Blackwell v. The State of Floirda
  79 Fla. 709· Fla.· 1920-05-10 ·cited 158×
  Will and Robert Blackwell were convicted of murder in the first degree and sentenced to death. On appeal, the Florida Supreme Court rejected numerous assignments of error regarding jury composition, jury instructions, admission of prior trial testimony, and defense counsel repres
• United States v. Baxter
  492 F.2d 150· 9th Cir.· 1973-02-16 ·cited 156×
  The court held that the evidence was sufficient to establish the existence of an over-all narcotics conspiracy and the participation of each of the eight defendants, and that the trial court did not err in denying their motions for severance.
• Postell v. State
  398 So. 2d 851· Fla. 3d DCA· 1981-04-28 ·cited 155×
  Larry Postell was convicted of armed robbery based largely on eyewitness identification, but the trial court admitted highly prejudicial hearsay testimony about an unidentified woman's statements to police officers implicating Postell, without allowing cross-examination. The appe
• United States v. Somers
  496 F.2d 723· 3d Cir.· 1974-03-27 ·cited 154×
  The court held that the district court did not commit reversible error in denying severance motions, refusing to recall a witness, refusing to compel a witness to testify, or due to prosecutorial misconduct.
• Quawn M. Franklin v. State
  965 So. 2d 79· Fla.· 2007-06-21 ·cited 147×
  Quawn Franklin was convicted of first-degree murder and sentenced to death for the shooting death of Jerry Lawley during an attempted robbery. The Florida Supreme Court affirmed the conviction and death sentence, rejecting Franklin's challenges regarding confrontation clause viol
• Johnson v. Louie L. Wainwright
  463 So. 2d 207· Fla.· 1985-01-28 ·cited 144×
  Larry Joe Johnson, a death row inmate, challenged his conviction and death sentence through habeas corpus and a Rule 3.850 motion, arguing his appellate counsel was ineffective for failing to raise certain trial errors. The Florida Supreme Court rejected his ineffectiveness claim
• United States v. Winter
  663 F.2d 1120· 1st Cir.· 1981-10-30 ·cited 142×
  The court held that the Government's use of a non-statutory immunity agreement with a key witness was permissible and did not violate defendants' rights, and that the jury's decision to credit the witness's testimony was within their prerogative.
• United States v. Scholle
  553 F.2d 1109· 8th Cir.· 1977-04-12 ·cited 142×
  The court held that the admission of co-conspirator statements was proper because substantial independent evidence showed a likelihood of illicit association, and that the admission of prior consistent statements and evidence of prior bad acts was permissible under the Federal Ru
• United States ex rel. Luther Miller v. Twomey
  479 F.2d 701· 7th Cir.· 1973-05-16 ·cited 141×·via Right To Confront Accusers
  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.
• Coco v. State
  62 So. 2d 892· Fla.· 1953-01-20 ·cited 141×
  Eddie Coco was convicted of second-degree murder in the death of Johnnie Smith, based partly on eyewitness testimony and fingerprint evidence. The Florida Supreme Court reversed the conviction, holding that the trial court committed reversible error by denying defense counsel the
• Rhodes v. State
  547 So. 2d 1201· Fla.· 1989-07-06 ·cited 138×
  Richard Wallace Rhodes was convicted of first-degree murder and sentenced to death for the 1984 strangulation of Karen Nieradka in Florida. The Florida Supreme Court affirmed the conviction but remanded for a new sentencing hearing due to multiple errors in the penalty phase, inc
• Foster v. State
  614 So. 2d 455· Fla.· 1992-10-22 ·cited 136×
  Charles Kenneth Foster appeals his death sentence imposed after resentencing. The Florida Supreme Court affirmed the denial of his postconviction motion for procedural and substantive reasons, but vacated and remanded his death sentence because the trial court's resentencing orde
• United States v. Wilson
  500 F.2d 715· 5th Cir.· 1974-09-18 ·cited 132×
  The court affirmed the convictions, finding no merit in the appellants' arguments regarding statutory vagueness, severance, admission of evidence, prosecutorial misconduct, or insufficiency of evidence.
• Verdugo v. United States
  402 F.2d 599· 9th Cir.· 1968-05-16 ·cited 132×
  The dissenting judge held that illegally seized evidence, though inadmissible for determining guilt, may be considered by the sentencing judge. The judge also stated there was no error in not providing the defendant with a copy of the presentence report.
• United States v. Gray
  626 F.2d 494· 5th Cir.· 1980-09-26 ·cited 131×
  The court held that the 'slight evidence' jury instruction on conspiracy was reversible error, requiring reversal of those convictions for some defendants, but affirmed other convictions and declined to review certain sufficiency claims under the concurrent sentence doctrine.
• Roberts v. State
  510 So. 2d 885· Fla.· 1987-07-02 ·cited 129×
  Rickey Bernard Roberts was convicted of first-degree murder, armed sexual battery, and armed kidnapping in the brutal murder of George Ñapóles and assault of Michelle Rimondi on a Florida beach. The Florida Supreme Court affirmed his convictions and death sentence, rejecting mult
• Mills v. State
  476 So. 2d 172· Fla.· 1985-08-30 ·cited 125×
  Gregory Mills was convicted of first-degree murder, burglary, and aggravated battery for shooting James Wright during a home invasion. The Florida Supreme Court affirmed the murder and burglary convictions and death sentence, but vacated the aggravated battery conviction as a mer
• Engle v. State
  438 So. 2d 803· Fla.· 1983-09-15 ·cited 124×
  Gregory Scott Engle was convicted of first-degree murder and sentenced to death despite a jury recommendation of life imprisonment. The Florida Supreme Court upheld the conviction but vacated the sentence due to the trial judge's improper consideration of a co-defendant's confess
• United States v. Mayes
  512 F.2d 637· 6th Cir.· 1975-02-25 ·cited 123×
  The court held that the evidence was sufficient to support a jury finding of a single conspiracy and that the trial court did not abuse its discretion in its jury instructions or the handling of peremptory challenges and severance motions.
• Calley v. Callaway
  519 F.2d 184· 5th Cir.· 1975-09-10 ·cited 120×
  The court held that federal courts have a limited scope of review for court-martial convictions, requiring claims to be of substantial constitutional dimension or fundamental legal error, and that the military courts had fairly considered Calley's claims.
• United States v. Gary L. "Scott" Dickey
  736 F.2d 571· 10th Cir.· 1984-05-29 ·cited 117×
  The court held that there was sufficient evidence to support Mr. Friedrich's conviction for conspiracy.
• United States v. Knuckles
  581 F.2d 305· 2d Cir.· 1978-06-30 ·cited 114×
  The court held that defendants could not raise the issue of insufficient evidence of cocaine on appeal after they had argued for a variance based on the presence of cocaine evidence at trial. The court also found the admission of a co-defendant's statement and recordings of conve
• Bailey v. Richardson
  182 F.2d 46· D.C. Cir.· 1950-03-22 ·cited 114×
  The court held that dismissal for disloyalty based on unsworn, anonymous reports violates due process and constitutional rights to free speech and association.
• United States v. Cook
  608 F.2d 1175· 9th Cir.· 1979-06-29 ·cited 113×
  A defendant is entitled to appellate review of a denied Rule 609 motion without testifying, but must demonstrate prejudice from the ruling.
• Brown v. State
  367 So. 2d 616· Fla.· 1979-02-01 ·cited 112×
  Henry Brown was convicted of first-degree murder and sentenced to death despite a jury's advisory recommendation of life imprisonment. The Florida Supreme Court upheld the conviction but vacated the death sentence, holding that the jury's life recommendation must ordinarily be fo
• United States v. Killian
  639 F.2d 206· 5th Cir.· 1981-03-09 ·cited 111×
  The court held that the defendants' convictions were valid, affirming the trial court's decisions regarding the admissibility of evidence, the scope of the conspiracy, and procedural matters.
• Russell v. State
  982 So. 2d 642· Fla.· 2008-05-01 ·cited 110×
  The Florida Supreme Court held that Crawford v. Washington does not apply to probation revocation proceedings, and that hearsay evidence coupled with non-hearsay corroborating testimony (such as observation of injury) may support revocation of probation if the totality of circums
• McArthur Breedlove v. State
  580 So. 2d 605· Fla.· 1991-05-09 ·cited 108×·via Right To Confront Accusers
  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.
• United States v. Claret Echeverry
  698 F.2d 375· 9th Cir.· 1983-01-31 ·cited 107×
  The court held that the jury instruction regarding the duration of the conspiracy was prejudicially ambiguous, tainting the conspiracy conviction and potentially the substantive counts.
• United States v. Rogers
  549 F.2d 490· 8th Cir.· 1976-12-30 ·cited 106×
  The court held that admitting an ex parte statement for impeachment when the declarant was unavailable for cross-examination and had not harmed the prosecution's case was improper and prejudicial.
• United States v. Murray
  618 F.2d 892· 2d Cir.· 1980-01-30 ·cited 105×
  The court held that the indictment was not duplicitous, the jury selection was proper, evidentiary rulings were correct, the government was not required to prove non-registration, and the evidence was sufficient to support the convictions.
• United States v. Terry
  702 F.2d 299· 2d Cir.· 1983-02-18 ·cited 103×
  The court held that warrantless trash searches are permissible when trash is abandoned, and electronic surveillance orders are valid if supported by probable cause and properly authorized. The court reversed one conviction due to insufficient evidence.
• United States v. Gennaro J. Angiulo
  897 F.2d 1169· 1st Cir.· 1990-03-05 ·cited 101×
  The court affirmed the defendants' convictions and sentences but reversed certain portions of the forfeiture order.
• Fountain v. United States
  384 F.2d 624· 5th Cir.· 1967-08-09 ·cited 100×
  The court held that the trial court did not err in admitting recorded telephone conversations and transcripts, nor in limiting cross-examination regarding a witness's finances, as these actions did not deprive appellants of their constitutional rights.
• Penalver v. State
  926 So. 2d 1118· Fla.· 2006-02-02 ·cited 99×
  Seth Penalver was convicted of three counts of first-degree murder in connection with a home invasion robbery that resulted in three deaths captured on video surveillance. The Florida Supreme Court reversed and remanded for a new trial due to cumulative evidentiary errors, includ