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
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464 F.2d 359·
5th Cir.·
1972-06-13
·cited 33×
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440 F.2d 705·
7th Cir.·
1971-03-10
·cited 33×
The court affirmed the convictions, holding that the indictment was valid, the evidence was sufficient, and various procedural and constitutional challenges were without merit.
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Raul Monserrate was convicted of unlawful possession of heroin after a trial in which the state relied on testimony from a detective who claimed the defendant sold heroin to a confidential informant. The trial court refused to disclose the informant's identity despite the defenda
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343 F.2d 723·
5th Cir.·
1965-04-07
·cited 33×
The court held that while the petitioner had not technically exhausted state remedies, the Texas Court of Criminal Appeals had consistently ruled on the issue, and no intervening Supreme Court decision suggested a change, thus the state remedy was not effectively available.
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908 F.2d 728·
11th Cir.·
1990-08-08
·cited 32×
The court held that two juror remarks were ambiguous and did not necessitate further investigation into juror misconduct.
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813 F.2d 1399·
9th Cir.·
1987-04-02
·cited 32×
The court held that the trial court did not abuse its discretion in denying a motion to substitute counsel due to potential conflicts of interest, even with a waiver, and that the defendant's absence from an ex parte conference with his attorney was harmless error.
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808 F.2d 319·
4th Cir.·
1986-12-29
·cited 32×
The court held that the district court did not abuse its discretion regarding discovery, continuances, witness testimony, or cross-examination limitations, but remanded for a Batson inquiry into potential jury exclusion.
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495 So. 2d 128·
Fla.·
1986-08-21
·cited 32×
Carl Puiatti and Robert Glock appeal their convictions and death sentences for the kidnapping, robbery, and murder of a woman in Florida. The Florida Supreme Court affirms both convictions and sentences, rejecting arguments that the joint trial violated the confrontation clause a
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781 F.2d 106·
7th Cir.·
1986-01-09
·cited 32×
The court held that there was substantial evidence to support the mail fraud convictions and that the district court did not err in limiting cross-examination, thus affirming the convictions.
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742 F.2d 842·
5th Cir.·
1984-09-12
·cited 32×
The court affirmed the conviction, holding that the charges were not multiplicitous, the evidence was sufficient for attempted arson, and the admission of a co-defendant's statement was proper.
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719 F.2d 1253·
5th Cir.·
1983-10-12
·cited 32×
The court held that the evidence was sufficient to sustain the convictions and that various alleged errors, including limitations on cross-examination and the admission of certain evidence, were either harmless or properly handled by the trial court.
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681 F.2d 717·
11th Cir.·
1982-07-29
·cited 32×
The court held that there was no prejudicial variance between the indictment and the proof, that severance was not required, and that venue and sufficiency of evidence were properly established for all counts. The court also found that the trial court's instructions cured any pre
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The court held that the admission of expert testimony based on hearsay did not violate the defendant's confrontation rights because he had adequate access to the underlying information for cross-examination, and lay testimony on sanity was properly admitted under the Federal Rule
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592 F.2d 1277·
5th Cir.·
1979-04-10
·cited 32×
The court held that the trial court erred by restricting cross-examination of a key witness and by failing to properly consider the suggestiveness of identification procedures.
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548 F.2d 657·
6th Cir.·
1977-01-31
·cited 32×
The court held that the admission of co-conspirator tapes was proper, even with an acquittal on the conspiracy charge, because independent evidence established a prima facie case of conspiracy, and that the perjury convictions were supported by sufficient evidence.
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545 F.2d 510·
5th Cir.·
1977-01-17
·cited 32×
The court held that the admission of other crimes evidence did not violate due process because a strong link was established between the defendant and the other offenses, satisfying the fundamental fairness standard.
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A federal prisoner is entitled to procedural due process before being classified as a "Special Offender" because this designation significantly impacts opportunities for parole, furlough, and transfer, constituting a "grievous loss."
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532 F.2d 436·
5th Cir.·
1976-05-27
·cited 32×
The court held that the Attorney General's designation of a Special Attorney was sufficiently specific under 28 U.S.C. § 515(a), the evidence was sufficient to support the convictions, and the trial court did not err in admitting evidence of a 'juice joint' or in denying access t
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527 F.2d 401·
5th Cir.·
1976-02-18
·cited 32×
The court held that while a conspiracy was proven, the evidence was insufficient to connect four of the appellants to it, thus reversing their conspiracy convictions. However, convictions for substantive offenses were affirmed where evidence supported them.
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318 So. 2d 431·
Fla. 4th DCA·
1975-07-31
·cited 32×
A defendant convicted of heroin possession and sale appealed the trial court's exclusion of testimony about a pending robbery charge against the State's paid informant witness. The Florida District Court of Appeal held that the defendant had a constitutional right to cross-examin
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516 F.2d 816·
2d Cir.·
1975-05-21
·cited 32×
The court affirmed the conviction, holding that the evidence was sufficient to support the conspiracy charges, the prosecution was not time-barred, and the trial court did not err in admitting prior testimony or denying a new trial.
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501 F.2d 966·
9th Cir.·
1974-08-08
·cited 32×
The court held that the trial court did not err in refusing to submit the issue of entrapment to the jury and that the jury instruction regarding reliance on a single truthful witness, while imperfect, did not constitute plain error.
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The court held that the district court erred in denying the motion to convene a three-judge court, as the claims regarding prison disciplinary procedures implicated state-wide policy and raised substantial constitutional questions.
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The court held that the record affirmatively showed the guilty plea was intelligent and voluntary, satisfying due process requirements.
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476 F.2d 324·
7th Cir.·
1973-02-12
·cited 32×
The appeal is dismissed as moot due to the defendant's death, and the conviction is vacated.
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428 F.2d 1040·
9th Cir.·
1970-06-03
·cited 32×
The court held that appellants lacked standing to challenge the search, the trial court did not err in refusing an entrapment instruction, hearsay evidence was admissible, confrontation rights were not violated, and the evidence was sufficient to sustain the conviction.
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417 F.2d 958·
8th Cir.·
1969-11-10
·cited 32×
The dissenting judge would affirm the conviction, finding the error in restricting cross-examination was not prejudicial.
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396 F.2d 671·
D.C. Cir.·
1968-04-18
·cited 32×
The court held that a defendant's voluntary absence after a trial has commenced in non-capital cases does not prevent the trial's continuation, but the record must clearly establish the voluntary nature of the absence and the defendant's awareness of their rights and obligations.
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273 F.2d 583·
5th Cir.·
1960-01-05
·cited 32×
The dissenting judge would affirm the district court's judgment and sentence.
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Robert Love appeals five convictions arising from a traffic stop in Pahokee, claiming the police used the stop as retaliation for his public criticism of their department. The appellate court reversed due to fundamental error in jury instructions and prejudicial evidentiary rulin
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947 F.2d 873·
9th Cir.·
1991-03-27
·cited 31×
The panel erred in holding that Idaho's statutory aggravating factor of 'utter disregard for human life' is unconstitutionally vague, failing to give adequate deference to the Idaho Supreme Court's limiting construction.
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893 F.2d 1033·
9th Cir.·
1990-01-09
·cited 31×
The court held that the state is estopped from arguing procedural default because it previously represented to the federal court that an adequate and available state remedy existed, which contradicted its later argument that the petitioner was procedurally barred in state court.
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886 F.2d 618·
3d Cir.·
1989-10-02
·cited 31×
The court held that the wife could avoid forfeiture by proving lack of consent, even if she had knowledge of her husband's illegal activities, and that hearsay evidence improperly admitted to rebut her innocent owner defense required vacating the forfeiture order.
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797 F.2d 1395·
7th Cir.·
1986-05-07
·cited 31×
The court affirmed the convictions and sentences of all three defendants, finding no merit in their various claims regarding sufficiency of evidence, jury instructions, sentencing, and suppression of evidence.
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732 F.2d 1483·
10th Cir.·
1984-04-23
·cited 31×
The court held that the defendant's convictions for obstruction of justice and conspiracy to obstruct justice were supported by sufficient evidence and that various trial court rulings did not constitute an abuse of discretion or reversible error.
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711 F.2d 1273·
5th Cir.·
1983-08-15
·cited 31×
The court affirmed the denial of the habeas corpus petition, finding no constitutional error in the conviction or sentence.
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644 F.2d 764·
9th Cir.·
1981-05-04
·cited 31×
The court held that the evidence was sufficient to support the conviction and that the defendant's rights under the Speedy Trial Act were not violated, despite delays caused by a natural disaster.
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324 So. 2d 694·
Fla. 1st DCA·
1976-01-13
·cited 31×
Joseph Lee, a city mayor and commissioner, was convicted of requesting/accepting a bribe and conspiracy. The court reversed and remanded for a new trial due to prosecutorial misconduct, including witness intimidation, allowing false testimony to go uncorrected, and improper plea
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434 F.2d 386·
2d Cir.·
1970-10-15
·cited 31×
The court held that the lack of adequate translation for a non-English speaking defendant rendered his trial constitutionally infirm, violating due process.
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The court held that a state prisoner's parole revocation is not a federal constitutional question unless arbitrary or capricious, and the prisoner's claims did not meet this standard.
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881 F.2d 95·
4th Cir.·
1989-04-24
·cited 30×
The court held that the evidence was sufficient to support convictions for possession with intent to distribute over 100 kilograms of marijuana, and that various sentencing and procedural challenges lacked merit.
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535 So. 2d 343·
Fla. 2d DCA·
1988-12-16
·cited 30×
The court held that the evidence presented was insufficient to prove an agreement and intent to commit the offense, which are necessary elements for a conspiracy conviction.
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The court held that the trial court did not err in its evidentiary rulings, restrictions on cross-examination, contempt citation of counsel, or in refusing to grant a mistrial. The evidence was sufficient to support the convictions, and sentencing did not violate the double jeopa
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451 So. 2d 1386·
Fla. 4th DCA·
1984-06-13
·cited 30×
Evidence of a victim's prior sexual conduct is admissible under Florida's rape shield statute only when it establishes a pattern of conduct or behavior so distinctive and closely resembling the defendant's version of the alleged encounter that it tends to prove consent, and a sin
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729 F.2d 1158·
8th Cir.·
1984-03-14
·cited 30×
The court held that admitting lay opinion identification testimony from parole officers was not an abuse of discretion, nor did it violate the defendant's Sixth Amendment right to confrontation, provided the district court carefully limited the scope of examination to avoid revea
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726 F.2d 1316·
8th Cir.·
1984-02-10
·cited 30×
The court held that the district court did not err in denying the habeas corpus petition without an evidentiary hearing, affirming the judgment.
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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.
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415 So. 2d 6·
Fla.·
1982-03-18
·cited 30×
Floyd Morgan was convicted of first-degree murder and sentenced to death for stabbing fellow inmate Joe Saylor to death in a Florida prison in 1977. The Florida Supreme Court affirmed the conviction and sentence, rejecting Morgan's arguments that the trial court committed reversi
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584 F.2d 268·
8th Cir.·
1978-09-18
·cited 30×
The court held that the exclusion of evidence regarding the prosecutrix's reputation for unchastity and specific prior sexual acts with others was not an abuse of discretion, as such evidence is generally irrelevant and highly prejudicial to the issue of consent in a rape case.