Secondary Evidence

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

• Hall v. State
  136 Fla. 644· Fla.· 1939-03-14 ·cited 129×
  Mae Hall was convicted of perjury for recanting testimony she had previously given in a murder trial. The Florida Supreme Court affirmed the conviction on pleading and charging issues, but reversed and remanded on the ground that the trial court erroneously instructed the jury th
• United States v. Jacobs
  475 F.2d 270· 2d Cir.· 1973-03-05 ·cited 127×
  The court held that the evidence was sufficient to sustain convictions for conspiracy to defraud the United States and substantive violations of statutes related to stolen securities, but not for conspiracy to transport stolen securities in interstate commerce.
• United States v. O'Connor
  237 F.2d 466· 2d Cir.· 1956-10-01 ·cited 83×
  The court held that the trial court's jury charge was so inadequate and confusing, particularly regarding the net worth method, that it constituted reversible error, requiring a new trial.
• Clark v. Cochran
  79 Fla. 788· Fla.· 1920-05-12 ·cited 72×
  In this ejectment action, the Florida Supreme Court reversed a judgment against landowners who claimed title through an 1842 U.S. patent derived from Spanish grants. The defendants claimed title through invalid tax deeds and adverse possession, but the Court held that the tax dee
• United States v. Maxwell
  383 F.2d 437· 2d Cir.· 1967-08-08 ·cited 66×
  The court affirmed convictions, holding that evidence was sufficient, speedy trial rights were not violated, and admission of a transcript was proper.
• Sydney Ginsberg v. United States
  257 F.2d 950· 5th Cir.· 1958-06-30 ·cited 66×
  The dissenting judge believes the majority erred in reversing the conviction based on issues not properly preserved by objection at trial.
• United States v. Hawk
  628 F.2d 1139· 9th Cir.· 1979-08-07 ·cited 62×
  The court held that the trial court erred in suppressing secondary evidence derived from destroyed dynamite. The appellate court applied a balancing test, weighing the government's conduct against the prejudice to the defendant, and concluded that the prejudice was slight and the
• Smith v. State
  71 Fla. 639· Fla.· 1916-05-18 ·cited 58×
  J.A. Smith, a justice of the peace, was convicted of malpractice in office for failing to pay over collected fines to the county treasurer within ten days as required by statute. The Florida Supreme Court affirmed the conviction but reversed the sentence because it failed to comp
• United States v. Mortimer
  118 F.2d 266· 2d Cir.· 1941-03-17 ·cited 56×
  The court held that the appellant's conviction for mail fraud and conspiracy was supported by sufficient evidence and that the trial court did not err in admitting certain evidence or in its jury instructions.
• Nilva v. United States
  212 F.2d 115· 8th Cir.· 1954-04-19 ·cited 51×
  The court held that the Johnson Act is constitutional and that the trial court did not err in admitting secondary evidence, refusing to strike testimony, denying motions for acquittal or new trial, or in its jury instructions.
• Callanan v. United States
  223 F.2d 171· 8th Cir.· 1955-06-03 ·cited 50×
  The court held that the evidence was sufficient to support the jury's finding of guilt for conspiracy to extort and extortion under the Hobbs Act, and that no reversible error occurred during the trial.
• Wiley v. United States
  257 F.2d 900· 8th Cir.· 1958-07-16 ·cited 46×
  The court held that the appellant's conviction under the White Slave Traffic Act was supported by sufficient evidence and that the trial court did not err in its evidentiary rulings or jury instructions.
• Chas. W. Bell and Jerry B. Lockett v. Kendrick
  25 Fla. 778· Fla.· 1889-06-01 ·cited 46×
  In this ejectment action, the Florida Supreme Court affirmed a lower court decision awarding possession of land to William H. Kendrick, who traced his title through a deed from the Trustees of the Internal Improvement Fund. The court upheld the admission of secondary evidence of
• Smith v. State
  93 Fla. 238· Fla.· 1927-02-12 ·cited 44×
  Albert Clinton Smith was convicted of embezzling $7,950 from the Georgia Stevedoring Company while serving as its clerk, cashier, and bookkeeper. The Florida Supreme Court reversed the conviction because the state failed to prove that the allegedly embezzled funds were actually r
• Kirk v. State
  227 So. 2d 40· Fla. 4th DCA· 1969-10-15 ·cited 37×
  H.C. Kirk appeals his extortion conviction, claiming prosecutorial misconduct and evidentiary errors undermined the fairness of his trial. The appellate court reverses and remands for a new trial, finding the prosecutor's inflammatory remarks and improper handling of hearsay evid
• United States v. Eldon Guy Trenary
  473 F.2d 680· 9th Cir.· 1973-01-05 ·cited 33×
  Confessions obtained by foreign police are admissible even without Miranda warnings, provided they are voluntary and not coerced by U.S. agents.
• Hartzog v. United States
  217 F.2d 706· 4th Cir.· 1954-12-21 ·cited 32×
  The court held that worksheets prepared by an IRS agent, who died before trial, were inadmissible hearsay because they were not made in the regular course of business and lacked trustworthiness, constituting prejudicial error requiring reversal.
• Mrs. W. B. Thompson v. Freeman
  111 Fla. 433· Fla.· 1933-07-17 ·cited 29×
  In this will contest, the Florida Supreme Court held that a photographic copy of a lost will cannot be used to prove forgery through handwriting comparison without first being formally re-established in Circuit Court proceedings. The court reversed the Circuit Court's decision in
• Scanlon v. United States
  223 F.2d 382· 1st Cir.· 1955-06-13 ·cited 26×
  The court held that the trial court did not err in admitting the defendant's net worth statement and other evidence, and that the evidence was sufficient to support the conviction.
• Sylvania Elec. Prods., Inc. v. Flanagan
  352 F.2d 1005· 1st Cir.· 1965-11-22 ·cited 24×
  The court held that the admission of secondary evidence of tally sheets was improper because the plaintiff failed to sufficiently prove their unavailability or a diligent search for them.
• Eatman v. State
  48 Fla. 21· Fla.· 1904-06-01 ·cited 23×
  M. W. Eatman was convicted of embezzling $100.62 from his employer, the Doty & Stowe Company, while employed as an agent and servant. The Florida Supreme Court reversed and remanded for a new trial due to multiple evidentiary errors, including the improper exclusion of testimony
• United States v. Alexander
  326 F.2d 736· 4th Cir.· 1964-01-17 ·cited 22×
  The admission of secondary evidence (a copy and parol testimony) to prove the specific terms of a check, without producing the original or adequately explaining its absence, violated the best evidence rule.
• Watson v. United States
  224 F.2d 910· 5th Cir.· 1955-08-18 ·cited 22×
  The court held that the erroneous admission of secondary evidence, without proper foundation, requires reversal and remand for a new trial. The court also affirmed that evidence obtained through illegal searches by state or municipal officers, without federal collusion, is admiss
• United States v. Driscoll
  449 F.2d 894· 1st Cir.· 1971-10-12 ·cited 20×
  The court held that an overt act directed towards a lawful result, not in furtherance of the conspiracy, cannot support a conspiracy conviction. However, sufficient evidence supported the substantive count.
• Wood v. Commissioner OF Internal Revenue
  338 F.2d 602· 9th Cir.· 1964-11-13 ·cited 19×
  The court held that the Tax Court's finding regarding the timeliness of filing, based on its assessment of witness credibility, is not subject to disturbance on appeal.
• Action Fire Safety Equip., Inc. v. Biscayne Fire Equip. Co., Inc.
  383 So. 2d 969· Fla. 3d DCA· 1980-05-27 ·cited 18×
  Biscayne Fire Equipment sued former general manager Frank Falsetti and his company Action Fire Safety Equipment to enforce a non-compete agreement. The trial court entered judgment for Biscayne based on a jury verdict, but the appellate court reversed and remanded regarding the t
• Colvin v. United States
  479 F.2d 998· 9th Cir.· 1973-06-08 ·cited 18×
  The court held that admitting an eyewitness statement from an accident report and testimony about the deceased's earnings from an unproduced diary constituted error.
• W. Transmission Corp. v. Colo. Mainline, Inc.
  376 F.2d 470· 10th Cir.· 1967-04-18 ·cited 18×
  The court held that the trial court did not err in denying the motion for a directed verdict, refusing requested jury instructions, or admitting certain evidence, affirming the jury's verdict.
• Cooper v. Brown
  126 F.2d 874· 3d Cir.· 1942-03-18 ·cited 18×
  The court held that the plaintiff failed to prove a written waiver of mortgage interest and that the lower court's finding on the amount of income received by the defendant was not clearly erroneous.
• Habig v. Bastian
  117 Fla. 864· Fla.· 1935-01-04 ·cited 18×
  This case addresses whether former testimony given at a prior trial can be admitted at a second trial when the opposing party has since died and is represented by an executor. The Florida Supreme Court holds that former testimony given under oath, with full cross-examination oppo
• Dev. Corp. OF Am., Inc. v. United Bonding Ins. Co.
  413 F.2d 823· 5th Cir.· 1969-06-25 ·cited 17×
  The court held that a photographic copy of a bond was admissible despite the best evidence rule when its genuineness was admitted, and that a slight date discrepancy between the bond and the contract did not invalidate the bond.
• Debose v. United States Dep't OF Agric.
  700 F.2d 1262· 9th Cir.· 1983-03-08 ·cited 16×
  An agency may proceed with termination under 5 U.S.C. § 7513 for unacceptable performance even without a formal performance appraisal system, provided it meets the higher burden of proof required by that section. The admission of altered documentary evidence and secondary evidenc
• United States v. Gerhart
  538 F.2d 807· 8th Cir.· 1976-08-02 ·cited 16×
  A photocopy of a photocopy of a lost original document is admissible as secondary evidence under Federal Rule of Evidence 1004(1) if the proponent shows the original was lost and the secondary evidence is trustworthy.
• In re Est. of Frank J. Krugle v. Bobier
  134 So. 2d 860· Fla. 2d DCA· 1961-11-22 ·cited 15×
  The Florida District Court of Appeal reversed a probate judge's decision revoking admission of a will based on alleged forgery, holding that unimpeached eyewitness testimony to the will's execution cannot be overcome by expert handwriting testimony alone without corroborating cir
• United States v. Jewett
  438 F.2d 495· 8th Cir.· 1971-02-18 ·cited 14×
  The court held that the trial court did not err in admitting testimony regarding Indian land title and in giving a jury instruction on voluntary intoxication.
• Willhoit v. Commissioner OF Internal Revenue
  308 F.2d 259· 9th Cir.· 1962-09-04 ·cited 14×
  The court held that installment collections on discounted contracts should be treated as a return of capital until the taxpayer's cost is recovered, and only then is gain taxable, due to inherent risks and uncertainties. It also held that secondary evidence of an open account bal
• W., Inc. v. United States
  234 F.2d 211· 8th Cir.· 1956-06-20 ·cited 14×
  The court held that the debtor corporation expressly assumed the obligations of the predecessor partnership, and the admission of secondary evidence of the assumption was proper.
• Klein v. United States
  176 F.2d 184· 8th Cir.· 1949-07-21 ·cited 14×
  The court held that the federal statute prohibiting conspiracy to injure citizens' rights applies to primary elections that are an integral part of the general election process. The admission of certain evidence was also upheld.
• United States v. Pullings
  321 F.2d 287· 7th Cir.· 1963-07-19 ·cited 13×
  The court held that the consolidation of indictments for trial was proper, and the admission of electronic eavesdropping evidence was not error. The destruction of exhibits did not deprive the appellant of a fair trial.
• Shipley v. Commissioner OF Internal Revenue
  572 F.2d 212· 9th Cir.· 1977-12-30 ·cited 12×
  The court held that secondary evidence of a certified mail receipt's postmark date is inadmissible when the receipt itself is not produced.
• The United States v. Mack
  249 F.2d 321· 7th Cir.· 1957-10-10 ·cited 12×
  The court held that the trial court did not err in its inquiry of the jury regarding the prospect of agreement, nor in admitting secondary evidence of destroyed records, nor in joining corporate and personal tax evasion counts for trial.
• Wm. H. Christy v. Burch
  25 Fla. 942· Fla.· 1889-06-01 ·cited 12×
  The Florida Supreme Court affirmed a decree requiring the Christys to recognize the Burches' title to Florida land conveyed through a lost but proven deed from the Christys to Edward Houstoun, and then from Houstoun to the Burches. The court held that a married woman's deed need
• Porter v. Ferguson
  4 Fla. 102· Fla.· 1851-01-01 ·cited 12×
  In this early Florida case, the Supreme Court reversed a judgment in a factor (agent) liability dispute because the trial court instructed the jury on an issue not raised by the pleadings—whether the factor failed to insure goods—rather than the actual issue of whether a specific
• Weber v. Berry
  133 So. 2d 327· Fla. 2d DCA· 1961-09-22 ·cited 11×
  Buyers of real property sued seeking return of their $1,000 earnest money deposit after the sale fell through due to title defects discovered by the lender. The trial court found the buyers caused the default, denied them return of the deposit, and awarded the painting contractor
• Staiger v. Nat J. Greb and Bessie Bloomberg
  97 So. 2d 494· Fla. 3d DCA· 1957-10-10 ·cited 10×
  The court held that a complaint seeking to re-establish lost negotiable notes and collect them is properly a matter for a court of law, not equity, and should be transferred to the law side if dismissed by equity.
• Hanover Fire Ins. Co. v. B. C. Lewis & Sons
  23 Fla. 193· Fla.· 1887-01-01 ·cited 10×
  In this insurance dispute, the Florida Supreme Court reversed a judgment for the policyholder because the trial court improperly assessed damages after sustaining a demurrer to evidence, rather than conducting a writ of inquiry or impaneling a new jury. The Court held that while
• Sinclair v. Gray
  9 Fla. 71· Fla.· 1860-01-01 ·cited 10×
  In this action on an inland bill of exchange, the Florida Supreme Court affirmed the lower court's judgment, holding that a plaintiff suing as an endorsee must prove the chain of endorsements to establish legal title to the instrument, and that statutory provisions regarding nego
• Ezra Nahmod v. Meyer Nelson
  147 Fla. 564· Fla.· 1941-06-27 ·cited 9×
  The Florida Supreme Court affirmed dismissal of a bill of complaint seeking to establish a partnership between Nahmod and Nelson. The plaintiff claimed he became a partner through an oral agreement in 1930 after failing to complete payments under a written 1927 agreement, but the
• Est. OF Cordial Gryder v. Commissioner OF Internal Revenue
  705 F.2d 336· 8th Cir.· 1983-04-29 ·cited 8×
  The court affirmed the Tax Court's judgment, holding that secondary evidence of destroyed corporate records was admissible, the evidence supported findings of fraud, the statute of limitations was lifted due to fraud, and the widow was not an innocent spouse.
• Denson v. United States
  424 F.2d 329· 10th Cir.· 1970-04-15 ·cited 8×
  The court held that the admission of photocopied, decrypted prison messages did not violate the appellant's constitutional rights or the best evidence rule, and affirmed the conviction.