Self-Serving Declarations

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

• 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
• Turner v. State
  99 Fla. 246· Fla.· 1930-02-03 ·cited 65×
  Turner and Thomas were convicted of breaking and entering a dwelling with intent to steal property valued over fifty dollars. The Florida Supreme Court affirmed the conviction, rejecting arguments that the evidence was insufficient and that juror misconduct warranted a new trial.
• Morey v. State
  72 Fla. 45· Fla.· 1916-07-06 ·cited 63×
  Ed. M. Morey was convicted of manslaughter for the 1915 death of Robert Whitfield and sentenced to ten years hard labor. The Florida Supreme Court reversed the conviction, finding reversible error in the trial court's exclusion of exculpatory statements the defendant made to the
• Fields v. State
  46 Fla. 84· Fla.· 1903-06-01 ·cited 62×
  William H. Fields was convicted of aggravated assault (reduced from assault with intent to murder) alongside Charles Robinson. The Florida Supreme Court reversed and ordered a new trial, finding that the trial court committed multiple errors in sustaining objections to defense qu
• Smith v. Dowling
  81 Fla. 867· Fla.· 1921-06-06 ·cited 53×
  Smith, a surety on a bond guaranteeing a bank's deposits to the City of Live Oak, appeals a decree requiring him to contribute his ratable share to reimburse co-sureties who paid the full obligation after the bank became insolvent. The court upholds the contribution action and af
• United States v. Jackson
  780 F.2d 1305· 7th Cir.· 1986-01-08 ·cited 52×
  The court held that the government's failure to disclose the full extent of a key witness's employment relationship with a private company did not violate due process under Brady v. Maryland because the undisclosed information was not material, and the district court did not abus
• United States v. NEW York Foreign Trade Zone Operators, Inc.
  304 F.2d 792· 2d Cir.· 1962-06-20 ·cited 50×
  The court held that a report, even if statutorily required, is inadmissible if it is self-serving and not made in the regular course of business for trustworthiness. The majority's premature declaration of admissibility was improper.
• Paul v. Weir and Margaret G. Weir
  283 F.2d 675· 6th Cir.· 1960-11-02 ·cited 38×
  The court held that the Tax Court erred in excluding testimony used to refresh recollection and in failing to consider the offset of a debt payment against corporate advances. The court also found that the petitioner should be allowed to amend his petition to plead the statute of
• Blackner v. McDERMOTT
  176 F.2d 498· 10th Cir.· 1949-08-11 ·cited 36×
  The court held that the operating agreement between McDermott and Blackner extended to a new lease granted after the original expired, due to their joint efforts and intent.
• Piassick v. United States
  253 F.2d 658· 5th Cir.· 1958-04-01 ·cited 26×
  The court held that admitting evidence of a prior nolo contendere plea for impeachment purposes was improper and required reversal.
• White v. United States
  216 F.2d 1· 5th Cir.· 1954-09-03 ·cited 24×
  The court held that the exclusion of a letter containing the defendant's instructions for filing a tax return was reversible error, and that the district court could take judicial notice of proceedings before a commissioner if properly transmitted.
• Nuttall v. Reading Co.
  235 F.2d 546· 3d Cir.· 1956-07-05 ·cited 22×
  The court held that certain statements made by employees and a telephone conversation were admissible evidence, as they tended to show the deceased employee was compelled to work while ill.
• Gus Revels v. State
  64 Fla. 432· Fla.· 1912-06-01 ·cited 22×
  Gus Revels was convicted of first-degree murder in the death of his brother-in-law, Shelton Denmark, and sentenced to life imprisonment. On writ of error, the Florida Supreme Court affirmed the conviction, rejecting six assigned errors and finding the evidence sufficient to suppo
• Weidner v. Thieret
  866 F.2d 958· 7th Cir.· 1989-01-31 ·cited 18×
• Barton v. State
  72 Fla. 408· Fla.· 1916-11-21 ·cited 18×
  Nathan Barton was indicted for first-degree murder, convicted of second-degree murder, and sentenced to life imprisonment. The Florida Supreme Court affirmed the conviction, rejecting all assignments of error regarding witness examination limitations, jury instructions on self-de
• West v. State
  53 Fla. 77· Fla.· 1907-01-01 ·cited 18×
  The Florida Supreme Court reversed a manslaughter conviction due to errors in jury instructions regarding self-defense and the admissibility of a map. The court found that the jury instructions were misleading and that the map's admission lacked proper foundation, necessitating a
• ORR v. Sasseman
  239 F.2d 182· 5th Cir.· 1956-12-14 ·cited 16×
  The court held that evidence of subsequent events was admissible to show prior conduct and that the jury's finding on the location of the tort's accrual was conclusive.
• Throckmorton v. ST. Louis-San Francisco Ry. Co.
  179 F.2d 165· 8th Cir.· 1950-01-13 ·cited 16×
  The court held that the trial court did not err in excluding the plaintiff's self-serving statements and that the jury's verdict was not improperly influenced by the court's or counsel's conduct.
• Stanton L. Reese and Herbert M. Katz v. Hurst
  661 F.2d 1222· C.C.P.A.· 1981-10-15 ·cited 14×
  The court held that the majority improperly derogated the evidentiary significance of the Katz notebook by misapplying the law regarding corroboration requirements.
• Markel Serv., Inc. v. Nat'l Farm Lines
  426 F.2d 1123· 10th Cir.· 1970-05-22 ·cited 14×
  The court held that the insured bore the loss for unpaid premiums due to the intermediary agency's default, and that the insurer could recover the premiums despite licensing issues or a disputed refund.
• United States v. Slaughter
  366 F.2d 833· 4th Cir.· 1966-09-15 ·cited 14×
  The dissenting judge would affirm the lower court's decision, finding that the defendant voluntarily waived his Fifth and Sixth Amendment rights during interrogation.
• Randolph v. Emp'rs Mut. Liab. Ins. Co. OF Wis. Garnishee
  260 F.2d 461· 8th Cir.· 1958-11-03 ·cited 14×
  The court held that a post-judgment garnishment proceeding is a civil action removable to federal court under 28 U.S.C.A. § 1441(a) if diversity of citizenship and jurisdictional amount are met, and that the trial court did not err in admitting evidence or overruling the motion f
• Patterson v. Clements
  136 F.2d 1002· C.C.P.A.· 1943-07-06 ·cited 14×
  The court held that the appellees' patent application sufficiently supports the interference counts, and the appellants failed to provide adequate corroboration for their claimed earlier conception and reduction to practice, thus affirming the award of priority to the appellees.
• Petroleum Carrier Corp. v. Snyder
  161 F.2d 323· 5th Cir.· 1947-03-21 ·cited 12×
  The court held that the trial court did not err in admitting certain testimony and in its jury instructions, affirming the jury's verdict.
• F. H. McGRAW & Co., Inc. v. Milcor Steel Co.
  149 F.2d 301· 2d Cir.· 1945-02-28 ·cited 12×
  A creditor cannot reallocate payments previously applied to an existing debt to a subsequently arising debt, especially when a surety's liability is involved.
• Boutwell v. Bishop
  194 So. 2d 3· Fla. 1st DCA· 1967-01-12 ·cited 11×
  In this negligence case arising from a child's injury at a motel with an unmarked glass door, the trial court initially rendered a jury verdict for the defendants but then granted a new trial, finding it had erred in admitting the defendants' answer to an interrogatory. The appel
• Stein v. Commissioner OF Internal Revenue
  322 F.2d 78· 5th Cir.· 1963-09-10 ·cited 10×
  The court held that the Tax Court's finding that the petitioner did not sustain gambling losses greater than those allowed by the Commissioner was not clearly erroneous, and thus affirmed the Tax Court's decision.
• McDONOUGH v. United States
  227 F.2d 402· 10th Cir.· 1955-11-12 ·cited 10×
  The court held that the trial court had proper jurisdiction, the indictment was sufficient, and evidence was properly admitted or excluded. The conviction is affirmed.
• Shumaker v. Paulson
  136 F.2d 686· C.C.P.A.· 1943-06-01 ·cited 10×
  The court affirmed the Patent Office's award of priority of invention to Hyland, finding that Shumaker failed to establish prior conception and that Hyland exercised diligence in reducing the invention to practice.
• Lane v. United States
  142 F.2d 249· 9th Cir.· 1944-04-08 ·cited 9×
  The court held that it was not error to reject the appellant's entire offer of proof, even if parts were admissible, because the inadmissible portions were not separated.
• Ackerman v. State
  372 So. 2d 215· Fla. 1st DCA· 1979-06-29 ·cited 8×
• Drake v. City OF Fort Lauderdale
  227 So. 2d 709· Fla. 4th DCA· 1969-10-15 ·cited 8×
  Drake appealed from a trial court judgment awarding fee simple title of disputed real property to the City of Fort Lauderdale. The Fourth District Court of Appeal affirmed, holding that extrinsic evidence properly established that the deed description from Drake's parents to the
• Golden W. Constr. Co. v. United States for the Use & Benefit of George Bernadot
  304 F.2d 753· 10th Cir.· 1962-05-31 ·cited 8×
  The court held that the Miller Act claim was timely filed, a letter detailing an oral agreement was admissible, the surety was not prejudiced by contract modifications, and interest against the surety should only be awarded from the date of suit commencement.
• Treharne v. Callahan
  426 F.2d 58· 3d Cir.· 1970-05-05 ·cited 7×
  The court held that while the deceased defendant's answers to interrogatories were admissible under Rule 43(a) as an exercise of the district court's discretion, a new trial was required because the jury was not given a cautionary instruction regarding the lack of cross-examinati
• Knight v. State
  97 So. 2d 115· Fla.· 1957-09-25 ·cited 7×
  Albert Knight was convicted of incest based solely on uncorroborated testimony from his minor daughter. The Florida Supreme Court reversed and remanded for a new trial, holding that testimony from a psychiatrist and psychologist regarding 'truth serum' tests (sodium amytal) and p
• Ralfe Kaminski v. Meadows
  264 F.2d 53· 7th Cir.· 1959-03-10 ·cited 6×
  The majority incorrectly allowed inadmissible self-serving declarations into evidence on cross-examination and improperly submitted the issue of contributory negligence to the jury.
• Reed v. Cislak
  175 F.2d 972· C.C.P.A.· 1949-06-28 ·cited 6×
  The court held that the appellant failed to provide sufficient corroboration and proof of diligence to establish priority of invention for the subject matter of counts 3 and 4.
• Korn v. Korn
  398 F.2d 689· 3d Cir.· 1968-06-28 ·cited 4×
  A party's self-serving declarations of intent to establish domicile are insufficient to establish domicile when contradicted by their conduct; the court found the plaintiff's conduct negated his claim of domicile in the Virgin Islands.
• United States v. Sherfey
  384 F.2d 786· 6th Cir.· 1967-10-10 ·cited 4×
  The court held that the district court erred in admitting certain evidence against the appellant and that there was insufficient evidence to prove the stock certificates were stolen.
• Dixie Fire Ins. Co. v. Hillsrorough Dry Goods Co.
  77 Fla. 250· Fla.· 1919-03-15 ·cited 4×
  The court reversed a judgment for the plaintiff in a fire insurance case because the primary evidence of the loss, an inventory, was improperly admitted. The inventory's lack of verification and the witness's inability to provide details about its creation rendered it unreliable.
• Teston v. State
  50 Fla. 138· Fla.· 1905-06-01 ·cited 4×
  A.C. Teston was convicted of embezzling $196 from the Carriage and Wagon Workers Union while serving as its treasurer. The Florida Supreme Court reversed the conviction due to trial court errors in limiting cross-examination regarding witness bias and restricting the defendant's
• Bogan v. State
  188 So. 2d 28· Fla. 2d DCA· 1966-06-15 ·cited 2×
  The trial court did not err in denying the defendant's motion to require the state to present the defendant's signed statement as evidence.
• Huber v. Mullan
  350 F.2d 872· 4th Cir.· 1965-09-09 ·cited 2×
  The court held that the phrase 'for cash only' in the option agreement meant a sale solely for cash, and thus the option was not triggered by a sale involving both cash and notes.
• Dean v. State
  78 Fla. 545· Fla.· 1919-12-08 ·cited 2×
  This case reviews a conviction for assault with intent to commit murder in the second degree. The appellate court affirmed the conviction, finding the information sufficient and the evidence adequate to support the verdict, and that any errors in admitting or excluding evidence w
• United States v. Walsh
  305 F.2d 821· 6th Cir.· 1962-07-10
  The court held that the trial judge did not err in excluding testimony offered to impeach a defense witness or in excluding testimony offered to establish an alibi or to prove a bribe offer.
• Tracy v. Goldberg
  289 F.2d 467· 3d Cir.· 1961-04-18
  The court held that the trial judge's jury instructions regarding the burden of proof and witness credibility were accurate and did not cause prejudicial error. The admission of a letter and an office memorandum was also proper.
• Kimmel v. Campbell
  161 F.2d 378· D.C. Cir.· 1947-04-07
  The court held that the trial court did not err in admitting or excluding evidence, nor did it exhibit prejudicial conduct, and that the jury charge was proper.