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

• McCRAE v. W.T. Hankins
  720 F.2d 863· 5th Cir.· 1983-12-05 ·cited 49×·via Right To Confront Accusers
  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
• G. E. G. v. State
  417 So. 2d 975· Fla.· 1982-07-15 ·cited 49×
  The Florida Supreme Court held that in controlled substance possession cases, the substance must be introduced into evidence if available, but a defendant who fails to object to its non-introduction waives the right to challenge the error on appeal. The Court rejected both absolu
• Jones v. State
  360 So. 2d 1293· Fla. 3d DCA· 1978-07-18 ·cited 49×
  Victor Jones was convicted of manslaughter after being charged with first-degree murder for distributing heroin that caused the death of Kristi Lynn Stidham. On appeal, Jones challenged the admission of toxicological evidence despite unavailable original materials, the admission
• Polizzi v. United States
  550 F.2d 1133· 9th Cir.· 1976-04-07 ·cited 49×
  The court held that defendants' claims regarding in camera juror interrogations and indictment validity were either previously decided, procedurally barred, or lacked merit. The court affirmed the denial of their motions to vacate sentences.
• State v. Hollingsworth
  103 Fla. 801· Fla.· 1931-12-09 ·cited 49×
  The Florida Supreme Court considered whether a writ of mandamus was appropriate to restore a doctor's license revoked by the State Board of Medical Examiners. The Court found that the Board failed to follow statutory procedures, denying the doctor fundamental rights, and thus gra
• Walton v. State
  847 So. 2d 438· Fla.· 2003-05-29 ·cited 48×
  Jason Dirk Walton appeals the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 challenging his conviction for three counts of first-degree murder and three death sentences. The Florida Supreme Court affirms the trial court's denial, fi
• Morgan v. State
  639 So. 2d 6· Fla.· 1994-06-02 ·cited 48×
  James Morgan appeals his conviction for first-degree murder and death sentence. The Florida Supreme Court affirmed his conviction but vacated the death sentence and remanded for life imprisonment, finding that the trial judge erroneously rejected mitigating factors including Morg
• United States v. Shoffner
  826 F.2d 619· 7th Cir.· 1987-08-11 ·cited 48×
  The court held that the informant's conduct, while potentially unsavory, did not rise to the level of outrageousness required to violate due process, and statements made by a defendant to the informant were properly admitted under the co-conspirator exception to the hearsay rule.
• United States v. Rodriguez
  808 F.2d 886· 1st Cir.· 1986-12-30 ·cited 48×
  The court held that the evidence was insufficient to convict the appellant of aiding and abetting the importation of controlled substances on January 14, 1985, as the circumstantial evidence did not establish his intent to make the venture succeed.
• Marr v. State
  494 So. 2d 1139· Fla.· 1986-09-25 ·cited 48×
  The Florida Supreme Court held that trial courts should not give jury instructions singling out sexual battery victims' testimony for heightened scrutiny. The court rejected the historical "Lord Hale" instruction and held that standard jury instructions adequately guide juries in
• 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.
• United States v. Marino
  658 F.2d 1120· 6th Cir.· 1981-08-31 ·cited 48×
  The court held that firearms found with a defendant charged with a large-scale drug conspiracy were admissible as relevant evidence of intent and that the indictment charging a single conspiracy was proper. The court also affirmed the admissibility of documents and rejected claim
• Larry v. Lawler
  605 F.2d 954· 7th Cir.· 1978-08-18 ·cited 48×·via Confrontation And Cross-Examination
  The court held that the applicant was afforded due process and the Commission's findings were justified.
• Davis v. State
  277 So. 2d 300· Fla. 2d DCA· 1973-04-19 ·cited 48×·via Right To Confront Accusers
  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
• United States v. Holmes
  387 F.2d 781· 7th Cir.· 1967-11-20 ·cited 48×
  The court held that the defendant's Selective Service file, including a notation from the hospital indicating he did not report, was admissible as evidence. The court also found the evidence sufficient to prove the defendant failed to report for civilian duty.
• Buck Wilcoxon v. United States
  231 F.2d 384· 10th Cir.· 1956-02-20 ·cited 48×·via Right To Confront Accusers
  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.
• United States v. Giry
  818 F.2d 120· 1st Cir.· 1987-05-13 ·cited 47×
  The court held that the evidence was sufficient to support convictions for conspiracy to import cocaine into the United States, and that the government's good-faith efforts to locate a confidential informant, who was deemed a conduit rather than a principal, did not deprive the d
• United States v. Loalza-Vasquez
  735 F.2d 153· 5th Cir.· 1984-06-14 ·cited 47×
  The court held that the district court did not err in asserting jurisdiction, admitting hearsay evidence under the residual exception, denying severance, or finding no unconsented conflict of interest.
• United States v. Newman
  490 F.2d 139· 3d Cir.· 1974-01-08 ·cited 47×
  The court held that the district court erred by failing to instruct the jury that aiding and abetting requires wilful participation, and by failing to strike testimony when a witness asserted the Fifth Amendment privilege on matters central to the defense. The court also found pr
• United States v. Lanza
  790 F.2d 1015· 2d Cir.· 1986-05-07 ·cited 46×
  The court held that the evidence was sufficient for conviction, witness testimony was not unduly prejudicial, severance was not warranted, evidentiary rulings limiting cross-examination were within the trial court's discretion, and jury instructions on conscious avoidance were ap
• Jackson v. Carlson
  707 F.2d 943· 7th Cir.· 1983-05-12 ·cited 46×·via Right To Confront Accusers
  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.
• United States v. Oliver
  626 F.2d 254· 2d Cir.· 1980-07-14 ·cited 46×
  The admission of a co-defendant's out-of-court statement against a defendant, without the declarant being subject to cross-examination, violates the Sixth Amendment right to confrontation if the statement is crucial and devastating. A defendant's competency to stand trial is asse
• 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. Rosenstein
  474 F.2d 705· 2d Cir.· 1973-01-26 ·cited 46×
  The court held that the admission of certain Liechtenstein documents was not reversible error, as they were admissible either as admissions by the defendants or as declarations of co-conspirators, despite not meeting the business records exception.
• United States v. Pacelli
  470 F.2d 67· 2d Cir.· 1972-11-30 ·cited 46×
  The court held that the admission of a witness's prior inconsistent statement, though error without limiting instructions, was harmless error, and the seizure of boric acid was permissible under the plain-view doctrine.
• van Bourg v. Nitze
  388 F.2d 557· D.C. Cir.· 1967-10-17 ·cited 46×·via Right To Confront Accusers
  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.
• Fotie v. United States
  137 F.2d 831· 8th Cir.· 1943-08-23 ·cited 46×
  The court held that the government failed to carry its burden of proving the appellant was an alien who knowingly and falsely represented himself as a citizen, and that inadmissible evidence was prejudicial.
• United States v. ARD
  731 F.2d 718· 11th Cir.· 1984-05-03 ·cited 45×
  The court held that the appellants' convictions were supported by sufficient evidence and that their various challenges, including those related to search and seizure, sufficiency of evidence, variance, conflict of interest, co-conspirator statements, cross-examination, presentat
• United States v. Rich
  580 F.2d 929· 9th Cir.· 1978-05-08 ·cited 45×
  The court held that the appellant's conviction was supported by sufficient evidence and that his various procedural and evidentiary challenges lacked merit.
• United States v. Rea Lyn Segal
  549 F.2d 1293· 9th Cir.· 1977-02-02 ·cited 45×
  The dissent argues that the record must show a probationer's awareness of the rights waived by admitting probation violations, similar to the requirement for guilty pleas.
• United States v. Higginbotham
  539 F.2d 17· 9th Cir.· 1976-07-19 ·cited 45×
  The court held that the appellant's constitutional rights were preserved, and the conviction was affirmed.
• United States v. Alvarado
  882 F.2d 645· 2d Cir.· 1989-08-09 ·cited 44×
  The court held that the admission of redacted statements from a nontestifying codefendant, where names were replaced by neutral pronouns, did not violate the defendant's Sixth Amendment right to confrontation. It also held that sufficient evidence supported the conviction for usi
• Magill v. State
  457 So. 2d 1367· Fla.· 1984-09-20 ·cited 44×
  Paul Magill appeals the denial of his Rule 3.850 post-conviction motion in a capital murder case. The Florida Supreme Court affirms the denial, finding no ineffective assistance of counsel and rejecting claims about the imposition of death penalty on a minor as not properly cogni
• Moreno v. State
  418 So. 2d 1223· Fla. 3d DCA· 1982-09-07 ·cited 44×
  Antonio Moreno was convicted of culpable negligence after a fight resulting from a traffic altercation. The Third District Court of Appeal reversed the conviction, finding three reversible errors: exclusion of similar-fact evidence showing the state's witnesses committed a nearly
• United States v. Rony Mann
  590 F.2d 361· 1st Cir.· 1978-12-29 ·cited 44×
  The court held that the district court abused its discretion in allowing the deposition of a key witness to be taken and admitted into evidence, and that the admission of 'other acts' evidence was irrelevant and unduly prejudicial.
• United States v. Sand
  541 F.2d 1370· 9th Cir.· 1976-09-13 ·cited 44×
  The court held that pre-indictment delay did not violate due process, bank records obtained via civil summonses were admissible, and challenges to taint hearings and foreign record authentication were without merit.
• United States v. Alberti
  470 F.2d 878· 2d Cir.· 1972-12-22 ·cited 44×
  The court held that neither appellant was denied effective assistance of counsel or a fair trial, affirming their convictions.
• United States v. Carrion
  463 F.2d 704· 9th Cir.· 1972-06-29 ·cited 44×
  The court held that the trial judge's improper remarks, while unfortunate, did not create an atmosphere so prejudicial as to deny the defendant a fair trial, and that the limitations on cross-examination were within the court's discretion.
• United States ex rel. Stanley Meadows v. State OF NEW York & Warden of the United States Penitentiary
  426 F.2d 1176· 2d Cir.· 1970-05-05 ·cited 44×
  The dissenting judge held that the district court lacked jurisdiction to transfer the habeas corpus petition to New York because the prisoner was incarcerated in Georgia, and the petition could only be brought in the district of incarceration.
• Wilson v. Gray
  345 F.2d 282· 9th Cir.· 1965-04-21 ·cited 44×
• United States v. Tolliver
  665 F.2d 1005· 11th Cir.· 1982-01-11 ·cited 43×
  The court held that the evidence was sufficient to support the conviction, the entry was justified by exigent circumstances, and the restriction on cross-examination was within the trial court's discretion.
• Donald Lenneth Banks v. State
  46 So. 3d 989· Fla.· 2010-06-03 ·cited 42×
  Donald Banks was convicted of first-degree murder and sentenced to death for stabbing Linda Volum fourteen times. The Florida Supreme Court affirmed his conviction and death sentence, rejecting six appellate challenges including claims regarding jury selection, DNA evidence admis
• Molina v. State
  406 So. 2d 57· Fla. 3d DCA· 1981-11-17 ·cited 42×
  Molina appeals his armed burglary-robbery conviction, arguing that testimony from investigating officers regarding statements made by non-testifying co-defendants violated his right to confrontation. The court holds that such testimony constitutes hearsay when it creates an inesc
• United States v. Brown
  634 F.2d 819· 5th Cir.· 1981-01-19 ·cited 42×
  The court held that the district court's upholding of the marital privilege did not violate the defendant's Sixth Amendment right to confrontation or Fifth Amendment due process rights, as the excluded testimony was cumulative and the defendant had ample alternative means to impe
• United States v. Weninger
  624 F.2d 163· 10th Cir.· 1980-06-26 ·cited 42×
  The court held that the defendant knowingly and intelligently waived his right to counsel by stubbornly refusing to hire an attorney despite repeated warnings and opportunities. The court also held that the new evidence presented did not meet the stringent standard for a new tria
• United States v. Panza
  612 F.2d 432· 9th Cir.· 1979-11-13 ·cited 42×
  The dissenting judge would reverse the convictions because the trial court did not adequately consider or articulate the ineffectiveness of other sanctions before striking the defendant's entire testimony.
• United States v. Dodge
  538 F.2d 770· 8th Cir.· 1976-04-26 ·cited 42×
  The court held that the refusal to give specific eyewitness identification instructions was not reversible error, and that the evidence was sufficient to sustain conspiracy convictions.
• United States v. Forrest Gerry, Jr.
  515 F.2d 130· 2d Cir.· 1975-03-28 ·cited 42×
  The court affirmed the convictions, finding that the appellants' claims of error regarding sufficiency of evidence, witness competency, prejudicial references, and evidentiary rulings were unsubstantiated.
• Todd v. Lockhart
  490 F.2d 626· 8th Cir.· 1974-01-16 ·cited 42×·via Right To Confront Accusers
  A defective plea-taking record can be cured by a post-conviction hearing if the state affirmatively proves the plea was voluntary and intelligent.
• United States v. Cordell Cassell
  452 F.2d 533· 7th Cir.· 1971-10-06 ·cited 42×
  The court affirmed the convictions of Cassell and Rice, finding no reversible error, but reversed Jackson's conviction due to the improper admission of his confession and handwriting exemplar obtained in violation of Miranda.