Sixth Amendment (Confrontation Clause)

1,582 Florida cases classified under this topic, plus 857 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Shepherd v. Nelson
  432 F.2d 1045· 9th Cir.· 1970-10-29 ·cited 8×·via Right To Confrontation
  The court held that the dismissal of the prisoner's habeas corpus petition was proper because the claims raised were either conclusory, unsupported by facts, or did not rise to the level of a constitutional due process violation.
• United States v. Bujese
  434 F.2d 46· 2d Cir.· 1970-10-29 ·cited 8×·via Right To Confrontation
  The court held that the defendant had a full opportunity to confront the confessing co-defendant, rendering the Bruton principle inapplicable.
• United States v. Williams
  431 F.2d 1168· 5th Cir.· 1970-09-16 ·cited 8×
• Martinez v. Patterson
  429 F.2d 844· 10th Cir.· 1970-07-15 ·cited 8×·via Confrontation Of Witnesses
  The court held that constitutional due process does not require appointed counsel, confrontation of witnesses, or compulsory process at state parole revocation hearings, and that the equal protection clause does not mandate counsel for preparing written statements in such proceed
• United States v. Brown
  428 F.2d 1191· 7th Cir.· 1970-07-14 ·cited 8×
  The court held that the defendant's sentence reduction motion was properly denied as the trial court did not abuse its discretion and the defendant's constitutional rights were not violated.
• United States v. Barthelmio Dalli and Thomas Pytel
  424 F.2d 45· 2d Cir.· 1970-03-30 ·cited 8×
  The court held that a defendant can waive their right to be present at a suppression hearing by failing to take reasonable steps to obtain necessary re-entry permits. The court also found that the arrests were based on sufficient probable cause from observed activities, not solel
• Hawkins v. United States
  417 F.2d 1271· 5th Cir.· 1969-10-22 ·cited 8×·via Right To Confrontation
  The court held that the evidence was sufficient to support the convictions and that no reversible error occurred during the trial regarding witness testimony or prosecutorial remarks.
• United States ex rel. Nelson M. Garcia v. Follette
  417 F.2d 709· 2d Cir.· 1969-10-14 ·cited 8×·via Right To Confrontation
  The court held that the pretrial identification procedures did not violate due process and that other objections raised were without merit.
• United States v. Mientke
  387 F.2d 1009· 7th Cir.· 1967-12-26 ·cited 8×
  The court held that the Selective Service Board's classification proceedings are administrative and do not require the same constitutional safeguards as criminal proceedings, and that there was a basis in fact for the registrant's classification.
• United States ex rel. Fred DeLUCIA & Salvator Montella v. McMANN
  373 F.2d 759· 2d Cir.· 1967-03-07 ·cited 8×·via Confrontation Of Witnesses
  The court vacated the district court's denial of habeas corpus and directed dismissal without prejudice, allowing New York courts to reconsider the claims in light of Parker v. Gladden.
• Clement L. McEACHERN v. Macy
  341 F.2d 895· 4th Cir.· 1965-02-19 ·cited 8×·via Right To Confrontation
  The court held that the admission of creditors' letters was not error where the appellant admitted the underlying debts, and the admitted debts provided substantial evidence for the charges.
• Narum v. United States
  287 F.2d 897· Ct. Cl.· 1960-11-02 ·cited 8×
  The court held that a plaintiff who repeatedly failed to raise a constitutional confrontation issue during military appeals should not be permitted to raise it years later in a civilian court for a money judgment.
• Graham v. Richmond
  272 F.2d 517· D.C. Cir.· 1959-11-05 ·cited 8×·via Right To Confrontation
  The court held that the Commandant could not automatically deny an application for a validated document based solely on the applicant's refusal to answer certain security questions, as the regulations required a full process including a hearing if the Commandant was not satisfied
• Jackson v. State of Fla. & Kim Jackson v. Ricky D. Dixon
  347 So. 3d 292· Fla.· 2022-06-30 ·cited 7×·via Right To Confrontation
  Kim Jackson, convicted and sentenced to death for the murder of Debra Pearce based on DNA and fingerprint evidence, appealed and petitioned for habeas corpus challenging multiple ineffective assistance of trial and appellate counsel claims. The Florida Supreme Court affirmed the
• Fajardo v. State
  193 So. 3d 1019· Fla. 4th DCA· 2016-06-08 ·cited 7×
  Pedro Fajardo appeals his conviction for attempted second degree murder. The Florida Fourth District Court of Appeal reversed and remanded for a new trial, holding that the trial court abused its discretion by precluding cross-examination of the key state witness about his immigr
• Smith v. State
  151 So. 3d 1177· Fla.· 2014-09-11 ·cited 7×
  Joseph Smith appeals the denial of his Rule 3.851 motion for postconviction relief in a capital murder case. The Florida Supreme Court affirms the denial, rejecting Smith's various constitutional challenges to Florida's death penalty statute, jury instruction procedures, and exec
• Henry v. State
  123 So. 3d 1167· Fla. 4th DCA· 2013-03-13 ·cited 7×
  Christopher Henry was convicted of second-degree sexual battery against his cellmate at Palm Beach County Jail, claiming consensual sexual relations. The Fourth District Court of Appeal reversed the conviction because the trial court erroneously prohibited cross-examination of th
• State v. Ratner
  948 So. 2d 700· Fla.· 2007-01-11 ·cited 7×·via Right To Confrontation
  The Florida Supreme Court reversed the Fourth District Court of Appeal's decision that it lacked jurisdiction to hear a certified nonfinal county court order. The Court held that district courts of appeal have discretionary jurisdiction over nonfinal orders certified as matters o
• Bartee v. State
  922 So. 2d 1065· Fla. 5th DCA· 2006-03-17 ·cited 7×
  Charles Bartee was convicted of burglary, false imprisonment, and battery following an altercation with his ex-girlfriend. The Florida appellate court reversed the burglary conviction because the trial court violated Bartee's Sixth Amendment confrontation rights by admitting test
• Mencos v. State
  909 So. 2d 349· Fla. 4th DCA· 2005-07-20 ·cited 7×
  Jose Maria Mencos was convicted by jury of lewd or lascivious molestation of a child under twelve, battery on a law enforcement officer, and resisting arrest. On appeal, Mencos challenged the admission of the child victim's out-of-court statements under the Confrontation Clause,
• United States v. Edwards
  211 F.3d 1355· 11th Cir.· 2000-05-19 ·cited 7×
  Daryl Edwards was convicted of drug conspiracy and distribution and sentenced to life imprisonment. Edwards appealed on two grounds: that his trial violated the Speedy Trial Act by commencing only twenty-nine days after his initial appearance, and that he was denied effective cro
• United States v. Olgivie O'Brien Williams
  985 F.2d 634· 1st Cir.· 1993-02-12 ·cited 7×
• United States v. Calva
  979 F.2d 119· 8th Cir.· 1992-10-29 ·cited 7×
  The court held that sentencing enhancements based on uncharged relevant conduct do not violate constitutional rights and that the Sentencing Commission acted within its statutory authority. Government conduct in continuing drug purchases was not sentencing entrapment.
• United States v. Hartmann
  958 F.2d 774· 7th Cir.· 1992-03-19 ·cited 7×
  The court affirmed the convictions and sentences, finding no merit in the defendants' challenges to the sufficiency of the evidence, evidentiary rulings, or prosecutorial misconduct.
• United States v. Cheatham
  899 F.2d 747· 8th Cir.· 1990-04-02 ·cited 7×
  The court held that the trial court did not err in restricting cross-examination, instructing the jury on good faith, or denying motions for mistrial due to allegedly untimely Brady disclosures, and affirmed the convictions.
• Miller v. State
  545 So. 2d 343· Fla. 2d DCA· 1989-05-19 ·cited 7×·via Right To Confrontation
  The court held that the trial court erred in denying the motion to sever because the co-defendant's statement was inadmissible hearsay and violated the defendant's confrontation rights.
• United States v. The LaROUCHE Campaign
  841 F.2d 1176· 1st Cir.· 1988-03-09 ·cited 7×
  The court held that the district court did not abuse its discretion in denying NBC's motion to quash the subpoena and ordering in camera review of the outtakes, as the defendants made a sufficient showing under Rule 17(c) and their trial interests outweighed NBC's First Amendment
• State v. Leroney Hills
  467 So. 2d 845· Fla. 4th DCA· 1985-05-01 ·cited 7×·via Confrontation Of Witnesses
  The State appeals the trial court's order excluding blood test evidence in a first-degree murder case. The court reversed, holding that the defendant failed to demonstrate actual prejudice from the state's failure to freeze blood samples or from the four-year delay in charging hi
• Hall v. Wainwright
  565 F. Supp. 1222· M.D. Fla.· 1983-05-18 ·cited 7×·via Right To Confrontation
  The court held that certain claims were procedurally defaulted and precluded from federal habeas review absent a showing of cause and prejudice, which the petitioner failed to demonstrate. Other claims were either exhausted or could be considered on their merits.
• Scurr v. Moore
  647 F.2d 854· 8th Cir.· 1981-05-08 ·cited 7×
  A defendant can forfeit their Sixth Amendment right to be present at trial through contumacious conduct, and the trial court has discretion to remove a disruptive defendant.
• United States v. Jones
  557 F.2d 1237· 8th Cir.· 1977-07-01 ·cited 7×
  The court held that while the trial court erred in limiting cross-examination regarding a witness's identification, the error was not prejudicial, and the evidence was sufficient to support the conviction.
• Gordon v. State
  312 So. 2d 809· Fla. 3d DCA· 1975-05-20 ·cited 7×
  The court held that the trial court did not commit reversible error by restricting the defendant's cross-examination of state witnesses, as the rulings were discretionary and did not deny constitutional rights.
• United States v. Carrion
  488 F.2d 12· 1st Cir.· 1973-11-29 ·cited 7×·via Right To Confrontation
  The court held that the trial court did not err in refusing to appoint a separate interpreter for the defendant, given the circumstances presented.
• United States ex rel. William Allen v. State OF Ill.
  413 F.2d 232· 7th Cir.· 1969-07-07 ·cited 7×
  The dissenting judge believes the trial court did not err in its conduct and the district court properly dismissed the habeas petition.
• Knight v. State
  97 So. 2d 115· Fla.· 1957-09-25 ·cited 7×·via Right To Confrontation
  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
• State of Fla. ex rel. The Fla. BAR v. Grant
  85 So. 2d 232· Fla.· 1956-02-10 ·cited 7×·via Right To Confrontation
  The Florida Supreme Court upheld the Florida Bar's disciplinary complaint against attorney W. Cecil Grant for alleged professional misconduct involving fraudulent divorce proceedings, rejecting his challenges to the complaint's sufficiency and the Bar's authority to initiate the
• A. S. v. State
  47 Fla. L. Weekly D681· Fla. 2d DCA· 2022-04-27 ·cited 6×·via Right To Confrontation
  The appellate court reversed an order withholding delinquency adjudication because the juvenile's adjudicatory hearing was held via Zoom without a specific finding of necessity. This violated the juvenile's constitutional right to confrontation.
• Phillips v. State
  316 So. 3d 779· Fla. 1st DCA· 2021-04-23 ·cited 6×
  The appellate court affirmed in part and reversed in part a criminal conviction. It held that the admission of a child protection interview video violated the defendant's Sixth Amendment right to confrontation, constituting a fundamental error for one count, but not for others du
• Hopkins v. State
  223 So. 3d 285· Fla. 4th DCA· 2017-07-12 ·cited 6×·via Right To Confrontation
  Demetrius Hopkins was convicted of first-degree murder with a firearm but appeals arguing the trial court abused its discretion during jury selection by imposing an unreasonable three-hour time limit on voir dire and denying cause challenges for two jurors who expressed doubt abo
• Overholt v. State
  110 So. 3d 530· Fla. 4th DCA· 2013-04-03 ·cited 6×·via Sixth Amendment Right To Confront Witnesses
  Overholt was convicted of battery and lewd and lascivious molestation of a child after the victim testified from behind a white screen rather than via closed-circuit television as permitted by statute. The appellate court reversed, holding that the trial court's shielding method
• Martino v. State
  964 So. 2d 906· Fla. 4th DCA· 2007-10-03 ·cited 6×
  A trial court does not abuse its discretion by limiting cross-examination of a key state witness to exclude inquiry into a prior plea agreement from nine years earlier when there is no showing of sufficient similarity between the prior and current cases to establish a pattern or
• Antoine Williams v. State
  947 So. 2d 694· Fla. 4th DCA· 2007-02-07 ·cited 6×
  In this rehearing motion case, the Fourth District Court of Appeal vacated Antoine Williams's conviction for aggravated fleeing and eluding, attempted burglary, and leaving the scene of accidents, finding that the trial court violated his Sixth Amendment Confrontation Clause righ
• Cameron v. State
  943 So. 2d 938· Fla. 4th DCA· 2006-12-06 ·cited 6×
  The Fourth District Court of Appeal affirmed the summary denial of Cameron's Rule 3.850 postconviction motion challenging his habitual offender sentence based on the use of hearsay evidence. The court held that documents from the Parole Commission were admissible under the public
• Sylvis v. State
  916 So. 2d 915· Fla. 5th DCA· 2005-11-18 ·cited 6×·via Right To Confrontation
  William Sylvis appealed the denial of his habeas corpus petition challenging the Florida Parole Commission's revocation of his parole for violating a no-contact condition. The appellate court treated the appeal as a petition for certiorari and denied relief, finding the circuit c
• Laflipe v. State
  888 So. 2d 104· Fla. 3d DCA· 2004-11-24 ·cited 6×
  Johnnie Laflipe was convicted of first-degree murder and attempted first-degree murder. On appeal, he challenged the admissibility of an excited utterance, gang-related evidence, and the denial of post-verdict juror interviews, but the Florida appellate court affirmed his convict
• Hurst v. State
  842 So. 2d 1041· Fla. 4th DCA· 2003-04-23 ·cited 6×·via Right To Confrontation
  The Fourth District Court of Appeal reversed Alfred Hurst's conviction for possession with intent to sell cocaine, finding that the trial court reversibly erred in admitting hearsay testimony about an informant's tip that implicated the defendant in the charged crime. The court h
• Abreu v. State
  804 So. 2d 442· Fla. 4th DCA· 2001-10-24 ·cited 6×
  The Fourth District Court of Appeal reversed Abreu's conviction because the trial court violated his Sixth Amendment confrontation clause right by admitting prior trial testimony from a key witness without establishing the witness's unavailability. The court held that Florida's a
• Lima v. State
  732 So. 2d 1173· Fla. 3d DCA· 1999-04-21 ·cited 6×
  Lima appeals his probation revocation for domestic battery, challenging the validity of the oath administered to the out-of-state victim via satellite testimony and arguing that her testimony violated his Sixth Amendment confrontation rights. The court affirmed, holding that the
• Martin v. State
  710 So. 2d 58· Fla. 4th DCA· 1998-03-18 ·cited 6×
  The court held that a juvenile adjudication for trespass cannot be used to impeach a witness under section 90.610, Florida Statutes, as the statute explicitly excludes juvenile adjudications.
• Chavez v. State
  698 So. 2d 284· Fla. 3d DCA· 1997-07-02 ·cited 6×·via Right To Confrontation
  A trial court violates a defendant's due process rights under Coney v. State when it allows jury selection to proceed without determining whether the defendant knowingly, intelligently, and voluntarily waived his right to be physically present at a sidebar conference during the e