Secondary Evidence

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

• Anthony v. Thomas
  266 F.2d 297· 6th Cir.· 1959-04-02 ·cited 8×
  The court held that the Tax Court's findings on remand were not supported by the evidence and lacked a discernible basis, requiring further proceedings.
• Corbett v. United States
  238 F.2d 557· 9th Cir.· 1956-11-14 ·cited 8×
  The court held that the use of summary evidence by government agents, even when based on destroyed records, is permissible in tax evasion cases, provided proper safeguards are in place and the jury is instructed that summaries are not primary evidence.
• Sellmayer Packing Co. v. Commissioner of Internal Revenue
  146 F.2d 707· 4th Cir.· 1944-12-21 ·cited 8×
  The court held that the taxpayer failed to sufficiently account for the destruction of original sales records, making secondary evidence inadmissible, and thus failed to prove it bore the processing tax burden or lacked net income for unjust enrichment tax.
• T.D.W. v. State
  137 So. 3d 574· Fla. 4th DCA· 2014-04-30 ·cited 7×
  A juvenile defendant was convicted of burglary based partly on detective testimony identifying him from a surveillance video camera angle that was not included in the video evidence presented at trial. The court reversed, holding that the detective's testimony violated the best e
• Errol Rainess v. In re Est. OF Keiko MacHida
  81 So. 3d 504· Fla. 3d DCA· 2012-02-01 ·cited 7×
  The Florida District Court of Appeal addresses whether a bank properly interpleaded an IRA account worth over $1.5 million following the death of the account holder, Keiko Machida. The court upholds the bank's right to interplead the entire fund based on reasonable fear of multip
• McKEEHAN v. State
  838 So. 2d 1257· Fla. 5th DCA· 2003-03-14 ·cited 6×
  The admission of oral testimony regarding the contents of a videotape, without producing the tape or establishing its unavailability, violated the best evidence rule and was not harmless error given the jury's specific inquiries.
• Seiler v. Lucasfilm, Ltd.
  808 F.2d 1316· 9th Cir.· 1986-08-26 ·cited 6×
  The court held that the best evidence rule applies to artwork, and the trial court properly excluded secondary evidence when the originals were lost or destroyed in bad faith.
• Burleson v. Jesse French & Sons Piano Co.
  90 Fla. 16· Fla.· 1925-06-09 ·cited 6×
  The Florida Supreme Court reversed a lower court order denying a demurrer in an action by a piano company seeking to establish lost promissory notes and a contract, and to recover a piano sold on the installment plan. The court held that the piano company had an adequate remedy a
• Garcia v. Lopez
  483 So. 2d 470· Fla. 3d DCA· 1986-02-11 ·cited 5×
  The appellate court reversed a trial court's judgment against a plaintiff seeking to enforce an agreement to make a will, finding that a duplicate copy of the agreement should have been admitted into evidence.
• United States v. Benedict
  647 F.2d 928· 9th Cir.· 1981-06-08 ·cited 4×
  The court held that the Fourth Amendment does not apply to acts of foreign officials unless federal agents substantially participated in a joint venture, and the unavailability of physical evidence does not violate the Sixth Amendment right of confrontation.
• United States v. Jordano
  521 F.2d 695· 2d Cir.· 1975-08-26 ·cited 4×
  The court held that prior inconsistent grand jury testimony is admissible as substantive evidence, and that impeachment of an alibi witness with prior inconsistent statements is permissible.
• Dwight-Eubank Rambler, Inc. v. Nat'l Labor Relations Bd.
  380 F.2d 141· 9th Cir.· 1967-06-23 ·cited 4×
  The court held that the company was not prejudiced by the loss of the Board file, as carbon copies of most documents were provided and witnesses confirmed their statements, and therefore the denial of procedural motions was not erroneous.
• United States v. Rohalla
  369 F.2d 220· 7th Cir.· 1966-11-10 ·cited 4×
  The court held that the admission of testimony based on a state-published book, even without the book's production, was not reversible error.
• McGREGOR v. McGREGOR
  201 F.2d 528· 10th Cir.· 1953-01-02 ·cited 4×
  The court held that the plaintiffs failed to state a claim upon which relief could be granted because they had an adequate remedy in Louisiana courts and a court of equity will not issue a mandatory injunction requiring an act in another jurisdiction.
• McCABE v. Bagby
  186 F.2d 546· 6th Cir.· 1951-01-31 ·cited 4×
  The court held that the evidence was insufficient to establish a contract for reciprocal wills, and the district court's findings were not clearly erroneous.
• United States v. Pike
  158 F.2d 46· 7th Cir.· 1946-11-14 ·cited 4×
  The court held that there was sufficient evidence to support the jury's conviction for using the mail in a scheme to defraud, and that the trial court did not commit prejudicial error in its evidentiary rulings or jury instructions.
• Neville Constr. Co. v. Cook Paint & Varnish Co.
  671 F.2d 1107· 8th Cir.· 1982-02-24 ·cited 2×
  The court held that secondary evidence of a lost brochure was admissible to prove an express warranty, and that the jury instructions on negligence and express warranty were proper.
• Gale v. U. S. Dep't of Just.
  628 F.2d 224· D.C. Cir.· 1980-06-12 ·cited 2×
  The court held that the appellant's pro se complaint stated a claim under the Privacy Act and that the appeal was not frivolous, granting his motion to proceed without prepayment of costs and remanding the case.
• Gonns v. United States
  231 F.2d 907· 10th Cir.· 1956-03-05 ·cited 2×
  A conviction under California Penal Code § 245 for assault with a deadly weapon qualifies as a 'crime of violence' under the Federal Firearms Act, even if the specific nature of the assault (deadly weapon vs. force likely to cause injury) was not explicitly stated in the judgment
• United States v. Kaibney
  155 F.2d 795· 2d Cir.· 1946-05-22 ·cited 2×
  The court held that photostats of invoices were admissible as evidence and that there was sufficient evidence to sustain the verdict against the partners for importing merchandise by means of false invoices.
• In re Est. of Samuel McCOLLUM
  88 So. 2d 537· Fla.· 1956-06-13 ·cited 1×
  Kenneth McCollum appealed from a probate court order finding him entitled to share in his deceased father Samuel McCollum's estate as an illegitimate son based on a purported written acknowledgment of paternity. The Florida Supreme Court reversed, holding that while secondary evi
• St. Paul Fire & Marine Ins. Co. v. Rosen Millennium, Inc.
  104 La. 603· M.D. Fla.· 2018-09-28
  An insurer has no duty to defend under a commercial general liability policy for a data breach caused by third parties, as the policy's 'personal injury' provision requires the insured to be the 'publisher' of the offending material.
• State v. Edgecomb
  573 So. 2d 1073· Fla. 4th DCA· 1991-02-13
  The State appealed a trial court's suppression order denying evidence obtained via search warrant because the originals could not be produced at the suppression hearing. The appellate court reversed, holding that certified copies of the warrant and probable cause affidavit were a
• Schaffer v. State
  276 So. 2d 93· Fla. 3d DCA· 1973-04-17
  Robert Schaffer appealed his conviction for conspiracy to commit burglary, breaking and entering, and robbery, challenging the admission of testimony regarding a floor plan diagram that was no longer available. The court affirmed the conviction, holding that testimony about the d
• Merrill v. United States
  365 F.2d 281· 5th Cir.· 1966-08-29
  The court held that the conviction should be affirmed despite a potential issue with secondary evidence, as the defendant's own confession provided sufficient proof.