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

• Coxwell v. State
  361 So. 2d 148· Fla.· 1978-07-20 ·cited 99×
  Chester Coxwell was convicted of first-degree murder for procuring the killing of his wife and sentenced to death. The Florida Supreme Court reversed his conviction based on the trial judge's improper restriction of cross-examination of the key prosecution witness regarding plans
• United States v. Grammatikos
  633 F.2d 1013· 2d Cir.· 1980-09-05 ·cited 96×
  The court affirmed the conviction on Count Two, but the dissenting judge argued for a remand on Counts One and Three due to the destruction of exculpatory evidence.
• United States v. McCLINTOCK
  748 F.2d 1278· 9th Cir.· 1984-06-05 ·cited 95×
  The court held that the search warrant was sufficiently particular and that the government's conduct, while ethically questionable, did not rise to the level of a constitutional violation or warrant reversal under supervisory powers. The prior conviction was admissible for impeac
• Young v. State
  85 Fla. 348· Fla.· 1923-03-15 ·cited 95×
  W. H. Young was convicted of manslaughter in the death of Henry B. Driggers and challenged his conviction on two main grounds: (1) that he was denied a fair trial due to the admission of a biased juror, and (2) that the trial court improperly admitted the prior trial testimony of
• United States v. Bell
  464 F.2d 667· 2d Cir.· 1972-07-05 ·cited 94×
  Searches of airplane passengers are permissible beyond specific profiles and magnetometer activations, as the danger to human lives justifies broader searches.
• State v. Gillespie
  227 So. 2d 550· Fla. 2d DCA· 1969-10-31 ·cited 94×
  Florida's appellate court addressed when prosecutors must disclose evidence to criminal defendants pre-trial, holding that absent a proper predicate (specific facts suggesting Brady violations), courts cannot compel blanket in camera inspection of prosecution files on mere demand
• United States v. Buckley
  586 F.2d 498· 5th Cir.· 1978-12-18 ·cited 93×
  The court held that failure to file a tax return is a lesser included offense of attempted tax evasion when the failure to file is the affirmative act relied upon for the evasion charge, and thus convictions for both cannot stand. The court also held that the trial court did not
• Thompson v. State
  619 So. 2d 261· Fla.· 1993-04-01 ·cited 92×
  William Lee Thompson appealed his death sentence imposed after remand for resentencing in a 1976 kidnapping-murder case. The Florida Supreme Court affirmed the death penalty, finding harmless error regarding the admission of autopsy photographs and the use of the 'cold, calculate
• United States v. Madison
  689 F.2d 1300· 7th Cir.· 1982-09-28 ·cited 92×
  The court held that the trial court did not err in denying Best's motion to sever, denying Best's motion to suppress his confession, or in admitting Best's confession, and that Madison's Sixth Amendment rights were not violated by the admission of Best's statement.
• United States v. Severo D. Espinosa
  771 F.2d 1382· 10th Cir.· 1985-08-26 ·cited 90×
  The court held that sufficient evidence supported the convictions for conspiracy and possession with intent to distribute, and that the trial court did not err in denying severance or mistrial based on co-defendant's opening statement.
• United States v. Meacham
  626 F.2d 503· 5th Cir.· 1980-09-26 ·cited 90×
  The court held that the statutes under which the defendants were convicted do not criminalize conspiracy to attempt an offense, and therefore the indictments failed to charge an offense. The court also held that the refusal to allow a defendant to cross-examine a government witne
• United States v. Noble C. Beasley
  519 F.2d 233· 8th Cir.· 1975-09-05 ·cited 90×
  The court affirmed the conviction for conspiracy and tax evasion but reversed the sentence for filing a fraudulent tax return, finding no plain error in the jury instructions or the denial of severance.
• United States v. Jackson
  482 F.2d 1167· 10th Cir.· 1973-07-23 ·cited 90×
  The court held that the evidence was sufficient to support the convictions for smuggling and conspiracy, and that the trial court did not err in its evidentiary rulings, jury instructions, or venue determination.
• United States v. Scully
  225 F.2d 113· 2d Cir.· 1955-07-26 ·cited 89×
  The court held that the mere possibility that a witness may later be indicted does not require that they be advised of their Fifth Amendment rights when testifying before a Grand Jury.
• United States v. Brady
  579 F.2d 1121· 9th Cir.· 1978-06-20 ·cited 88×
  The court affirmed the convictions, holding that there was sufficient evidence to support the jury's findings of causation and intent, that the consolidation and denial of severance were not prejudicial, that the Bruton rule did not apply, and that the jury selection plan was not
• Farina v. State
  801 So. 2d 44· Fla.· 2001-08-16 ·cited 87×
  Anthony Farina appeals his death sentence for murder committed during an armed robbery at a Taco Bell restaurant in 1992, where his brother Jeffery fired the fatal shot. The Florida Supreme Court affirms Farina's death sentence despite his arguments that he was a minor participan
• del Valle v. State
  80 So. 3d 999· Fla.· 2011-12-15 ·cited 86×
  The Florida Supreme Court resolved a conflict among district courts of appeal regarding the procedures and burden of proof required before a probationer's probation can be revoked for failure to pay restitution or costs. The court held that trial courts must inquire into the prob
• United States v. Armedo-Sarmiento
  545 F.2d 785· 2d Cir.· 1976-10-28 ·cited 86×
  The court held that the jury could reasonably find a single conspiracy existed, that speedy trial rights were not violated, and that certain evidence was obtained through an illegal search and seizure requiring reversal for two appellants.
• United States v. Stratton
  779 F.2d 820· 2d Cir.· 1985-12-13 ·cited 85×
  The court held that a criminal conviction by an eleven-person jury is valid under Rule 23(b) when a juror is excused during deliberations, and that various evidentiary rulings and jury instructions were proper.
• United States v. Heath
  580 F.2d 1011· 10th Cir.· 1978-06-30 ·cited 85×
  The court held that the majority's conclusion sustaining the convictions was incorrect due to numerous reversible errors, including prosecutorial misconduct, Jencks Act violations, and a prejudicial variance between the indictment's single conspiracy theory and the evidence of mu
• United States v. Washington
  782 F.2d 807· 9th Cir.· 1986-02-11 ·cited 84×
  The court held that disqualifying counsel based solely on an appearance of impropriety, without an evidentiary hearing to determine if an actual conflict existed, violated the defendant's Sixth Amendment right to counsel of choice. The court also found that certain items seized u
• United States v. Delker
  757 F.2d 1390· 3d Cir.· 1985-03-18 ·cited 84×
  The court held that the district court did not err in ordering pretrial detention, affirming the detention order.
• Houser v. United States
  508 F.2d 509· 8th Cir.· 1974-12-11 ·cited 84×
  The court held that challenges to arrest and evidence seizure, denial of confrontation, and testimony of a mentally ill person are not cognizable under 28 U.S.C. § 2255 when the issues were known or could have been raised on direct appeal or were otherwise without merit.
• McDANIEL v. United States
  343 F.2d 785· 5th Cir.· 1965-04-07 ·cited 84×
  The court held that the evidence was sufficient to support the conviction, and the admission of certain exhibits and the denial of a written jury charge did not constitute reversible error.
• Wydell Jody Evans v. State
  838 So. 2d 1090· Fla.· 2002-11-14 ·cited 83×
  Wydell Evans was convicted of first-degree murder, kidnaping, and aggravated assault for shooting and killing his brother's 17-year-old girlfriend Angel Johnson two days after his prison release. The Florida Supreme Court affirmed Evans' convictions and death sentence, finding th
• United States v. Murray Morris Kessler
  530 F.2d 1246· 5th Cir.· 1976-05-03 ·cited 83×
  A retrial is barred by the Double Jeopardy Clause if prosecutorial overreaching caused the mistrial, even if the mistrial was granted at the defendant's request.
• United States v. Reid
  911 F.2d 1456· 10th Cir.· 1990-08-20 ·cited 82×
  The court affirmed the conviction and sentence, holding that the grand jury was adequately informed, the witness's testimony did not violate due process, and the Sentencing Guidelines were not misapplied.
• Cohen v. Perales
  412 F.2d 44· 5th Cir.· 1969-05-01 ·cited 82×
  Hearsay evidence is admissible in Social Security administrative hearings, but mere uncorroborated hearsay, standing alone, does not constitute substantial evidence to support a decision.
• United States v. Cerro
  775 F.2d 908· 7th Cir.· 1985-11-04 ·cited 80×
  The court held that the defendant's sentence was improperly calculated based on multiple conspiracies, and that the evidence did not sufficiently prove separate conspiracies. The court also found that any error in excluding impeachment evidence was harmless.
• Morrell v. State
  297 So. 2d 579· Fla. 1st DCA· 1974-06-27 ·cited 80×·via Right To Confront Accusers
  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.
• Brooks v. State
  787 So. 2d 765· Fla.· 2001-04-05 ·cited 79×·via Constitutional Right To Confrontation
  Lamar Brooks was convicted of first-degree murder and sentenced to death for the stabbing deaths of Rachel Carlson and her three-month-old daughter. The Florida Supreme Court reversed the conviction and remanded for a new trial, finding that the trial court's admission of extensi
• United States v. Birdie Louise Joshua Harris
  501 F.2d 1· 9th Cir.· 1974-07-24 ·cited 79×
  The court held that the trial court did not abuse its discretion in limiting cross-examination regarding the informant's residence, nor was the trial court's active participation in questioning witnesses erroneous.
• Nixon v. Singletary
  758 So. 2d 618· Fla.· 2000-01-27 ·cited 78×·via Right To Confront Accusers
  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
• United States v. Praetorius
  622 F.2d 1054· 2d Cir.· 1979-12-10 ·cited 78×
  The court held that the prosecutor's summation did not refer to facts not in evidence, the limitation on cross-examination was not an abuse of discretion, and the admission of evidence was not prejudicial. The court affirmed the convictions.
• United States v. Musgrave
  483 F.2d 327· 5th Cir.· 1973-06-29 ·cited 78×
  The court held that the trial court did not commit reversible error in its rulings and instructions, affirming the convictions.
• Penn v. State
  574 So. 2d 1079· Fla.· 1991-01-15 ·cited 77×
  James Randall Penn was convicted of first-degree murder and sentenced to death for brutally beating his mother to death with a hammer while under the influence of crack cocaine. The Florida Supreme Court affirmed his conviction but vacated his death sentence, finding that the tri
• Muehleman v. State
  503 So. 2d 310· Fla.· 1987-01-08 ·cited 77×
  Jeffrey Muehleman was convicted of first-degree murder pursuant to a guilty plea and sentenced to death for the brutal killing of a 97-year-old man during a robbery. The Florida Supreme Court affirmed both the conviction and sentence, rejecting Muehleman's challenges to the lawfu
• United States v. Tracey
  675 F.2d 433· 1st Cir.· 1982-04-15 ·cited 77×
  The court held that the trial judge did not abuse his discretion in excluding evidence of a witness's jail incident and municipal court records, and that the denial of a new trial based on newly discovered evidence was proper.
• United States v. Roberto José Maldonado-Rivera
  922 F.2d 934· 2d Cir.· 1990-12-12 ·cited 76×
  The court affirmed convictions for most defendants, vacating one conviction due to sentencing error, and rejected challenges to the admissibility of electronic surveillance tapes.
• United States v. Phillips
  640 F.2d 87· 7th Cir.· 1981-02-06 ·cited 76×
  The court held that the district court did not err in denying the defendant's motion for a mistrial, denying his claim of ineffective assistance of counsel, admitting certain evidence, or imposing consecutive sentences.
• Freeman v. The Gould Special Sch. Dist. OF Lincoln Cnty.
  405 F.2d 1153· 8th Cir.· 1969-01-15 ·cited 76×·via Confrontation Of Witnesses
  The court held that the nonrenewal of public school teachers' contracts based on conclusory and unsupported charges of incompetence may state a claim for deprivation of constitutional rights under the Civil Rights Act.
• United States v. Beale
  921 F.2d 1412· 11th Cir.· 1991-01-28 ·cited 75×
  The court held that the admission of Roberts' statement violated Bruton, requiring a new trial for Gilbert, but affirmed other convictions and evidentiary rulings.
• United States v. Rollins
  862 F.2d 1282· 7th Cir.· 1988-11-21 ·cited 75×
  The court affirmed both defendants' convictions but remanded Slaughter's case for reconsideration of his sentence.
• Griffin v. State
  526 So. 2d 752· Fla. 1st DCA· 1988-06-03 ·cited 74×
  Donald Griffin was convicted of lewd assault on a child based primarily on a four-year-old victim's testimony and out-of-court statements. The Florida appellate court reversed and remanded for a new trial, finding the trial court erred in determining the child's competency to tes
• Hall v. Louie L. Wainwright
  733 F.2d 766· 11th Cir.· 1984-05-16 ·cited 74×
  The court held that a defendant may waive their right to be present at critical stages of a capital trial, and the specific circumstances of the defendant's absence during voir dire require further inquiry into knowing and voluntary waiver.
• United States v. Rice
  550 F.2d 1364· 5th Cir.· 1977-04-20 ·cited 74×
  The court affirmed the convictions, finding no reversible error in the trial court's rulings on pre-indictment delay, severance, cross-examination limitations, admissibility of evidence under Rule 404(b) and 613(b), witness interviews, or jury requests for transcripts.
• United States v. Luttetus Perry
  550 F.2d 524· 9th Cir.· 1977-03-22 ·cited 74×
  The court held that the trial court did not abuse its discretion in handling jury voir dire, admitting rebuttal testimony, or limiting cross-examination, and that the evidence was sufficient to support a conviction for a single conspiracy.
• United States v. Morlang
  531 F.2d 183· 4th Cir.· 1975-12-30 ·cited 74×
  The court held that the district court did not err in admitting testimony for impeachment purposes under recognized exceptions to the hearsay rule.
• United States v. Rizzo
  418 F.2d 71· 7th Cir.· 1969-09-18 ·cited 74×
  The court held that the indictment was sufficient, the admission of Elia's statement was not plain error despite Miranda issues due to lack of specific objection, and co-conspirator statements and state conviction records were admissible or harmless error.
• United States v. Neff
  615 F.2d 1235· 9th Cir.· 1980-02-28 ·cited 72×
  A taxpayer's wholesale assertion of the Fifth Amendment privilege against self-incrimination on an income tax return, without demonstrating a real and appreciable danger of incrimination, does not constitute a valid defense to a charge of willful failure to file.