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

• United States v. O'Sullivan
  553 F. Supp. 2d 1349· M.D. Fla.· 2008-04-02
  The court granted the defendant's motion to perpetuate the testimony of a witness likely to be deported, finding the witness unavailable and the testimony material.
• Tyrrell v. State
  975 So. 2d 615· Fla. 4th DCA· 2008-03-05 ·via Right To Confrontation
  James Tyrrell was charged with three counts of second-degree sexual battery but convicted by jury of two counts of the lesser included offense of misdemeanor battery. He appeals his conviction, raising multiple evidentiary and procedural challenges. The court affirms the convicti
• Kolb v. Winter Park Police Dep't
  9th Cir. Ct. App. Div.· 2008-02-05
  This case addresses whether a trial court properly admitted laser speed measurement device certification as business records evidence and whether the underlying statute creates an unconstitutional irrebuttable presumption in a traffic speeding enforcement action. The appellate co
• Layura Sellers v. State
  973 So. 2d 543· Fla. 1st DCA· 2007-12-31
  The court held that a contract for the purchase of vacant land was not illusory, despite a blank space in the feasibility study provision, and remanded for further proceedings after the trial court dismissed the buyer's complaint for specific performance.
• Desmond Harris v. State
  969 So. 2d 568· Fla. 5th DCA· 2007-11-30
  The court held that the Confrontation Clause as interpreted in Crawford v. Washington does not apply to probation revocation proceedings.
• Malaquias Gonzalez v. State
  965 So. 2d 273· Fla. 5th DCA· 2007-09-14
  Malaquias Gonzalez appealed his burglary conviction, challenging the admission of a pawn shop transaction form as violating his Sixth Amendment right to confrontation under Crawford v. Washington. The Florida appellate court held that the pawn shop transaction form was non-testim
• Pesci v. State
  963 So. 2d 780· Fla. 3d DCA· 2007-07-18
  James Pesci appeals his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act, challenging the trial court's admission of hearsay evidence regarding an uncharged sexual offense in New York. The court affirmed, holding that hearsay evidence is admissible u
• Baker v. State
  959 So. 2d 1250· Fla. 2d DCA· 2007-06-29
  The court held that the State failed to present a prima facie case of battery, requiring a judgment of acquittal.
• State v. Ratner
  953 So. 2d 36· Fla. 4th DCA· 2007-03-28
  Florida appeals a trial court's denial of a motion in limine to admit a domestic violence victim's statement to police as an excited utterance under Crawford v. Washington. The Fourth DCA declined to answer the certified constitutional question and remanded for the trial court to
• Massery v. State
  953 So. 2d 568· Fla. 1st DCA· 2007-02-12
  Crawford v. Washington's testimonial hearsay rule does not apply to probation-revocation proceedings where the defendant received a true split sentence, because the prosecution is completed upon imposition of the sentence.
• In & for New Castle Cnty.
  Del. Super. Ct.· 2007-02-01 ·via Right To Confrontation
  The Delaware Superior Court granted the State's Motions to Quash Subpoenas Duces Tecum, holding that Rule 17(c) cannot be used as a pretrial discovery tool to obtain materials not discoverable under Rule 16. The court emphasized that Rule 16 governs criminal discovery and exclude
• Roman v. State
  937 So. 2d 235· Fla. 3d DCA· 2006-09-01
  Roman was convicted of sexual battery and strong arm robbery based on victim identification and video evidence. The Florida appellate court reversed because the trial court improperly admitted hearsay evidence when a detective testified about identifying the defendant through inf
• Reyes v. Fla. Parole Comm'n
  935 So. 2d 594· Fla. 1st DCA· 2006-08-08 ·via Right To Confrontation
  Florida appellate court granted certiorari and quashed summary denial of habeas petition challenging parole revocation, holding that alleged deprivations of counsel, evidence access, and cross-examination required issuance of order to show cause before adjudication on the merits.
• Sorge v. State
  915 So. 2d 707· Fla. 1st DCA· 2005-11-29
  The court held that the trial court erred in excluding evidence relevant to a prosecution witness's bias and motive to testify falsely.
• Perry v. State
  900 So. 2d 755· Fla. 4th DCA· 2005-05-04 ·via Right To Confrontation
  Willie Perry appealed his guilty plea in a kidnapping and sexual battery case, challenging the adequacy of the plea colloquy conducted by the trial court. The Florida Fourth District Court of Appeal reversed and remanded, holding that the trial court failed to comply with Florida
• United States v. Supliment Corp.
  2005 U.S. Dist. LEXIS 7450· S.D. Fla.· 2005-04-27
  The court denied the defendants' motions to sever their trial without prejudice, finding a final ruling premature due to unknown factors.
• IN & FOR NEW Castle Cnty. Alfred Izquierdo
  Del. Ch.· 2004-06-29 ·via Confrontation Of Witnesses
  The Court denied the plaintiff's motion for partial summary judgment and granted in part the defendants' motion for summary judgment. Individual defendants were dismissed from the action. The City was granted summary judgment on most counts, but the breach of contract claims rela
• In & for New Castle Cnty.
  Del. Super. Ct.· 2004-01-29 ·via Confrontation Of Witnesses
  The Delaware Superior Court denied the defendant's pro se motion for postconviction relief, finding it procedurally barred under Superior Court Criminal Rule 61. The court determined the motion was filed too late, that the claims raised were either previously adjudicated or not r
• Price v. City OF Boynton Beach
  847 So. 2d 1051· Fla. 4th DCA· 2003-05-28
  Price challenges a trial court's issuance of a temporary injunction for protection against repeat violence, arguing the court improperly admitted hearsay evidence, including psychiatrist deposition testimony from an unrelated workers' compensation case and statements by a mediato
• Swan
  Del.· 2003-04-09
  The Delaware Supreme Court affirmed the conviction and death sentence of Ralph Swan. The court held that the trial judge did not abuse his discretion in denying the motion to disqualify counsel, that the admission of co-defendant's statements did not violate Swan's Sixth Amendmen
• Lewis v. State
  833 So. 2d 812· Fla. 4th DCA· 2002-11-20 ·via Right To Confrontation
  Lewis was convicted of organized fraud and 36 communications fraud counts related to a fraudulent vending machine business scheme. The appellate court affirmed 16 communications fraud convictions supported by business records (purchase orders and shipment logs) but reversed 2 con
• A.B. v. Dep't of Child. & Fam. Servs.
  820 So. 2d 1085· Fla. 3d DCA· 2002-07-17 ·via Right To Confrontation
  The Florida District Court of Appeal reversed a judgment terminating parental rights because the trial court allowed two critical witnesses to testify via telephone without the mother's consent or notice, violating Florida Rule of Judicial Administration 2.071 and denying the mot
• Walker v. State of Del.
  Del.· 2002-01-31 ·via Constitutional Right To Confrontation
  The judgment of the Superior Court is affirmed. The court held that the defendant's challenge to the admissibility of prior felony convictions for impeachment purposes could not be reviewed because the defendant failed to testify at trial. The court also found that while prosecut
• Roth
  Del.· 2001-12-21 ·via Right To Confrontation
  The Delaware Supreme Court affirmed the Superior Court's judgments, holding that the trial judge did not err in admitting Theresa Anderson's prior statement, Roth, Jr.'s statement to Detective Corrigan, or evidence of Roth, Jr.'s tattoo. The court found that Theresa Anderson's st
• Sanders v. Moore
  156 F. Supp. 2d 1301· M.D. Fla.· 2001-08-14
  The court held that the admission of John Barrett's statements to his wife, Paula Barrett, violated the Petitioner's Sixth Amendment right of confrontation because the statements were not made by a co-conspirator during and in furtherance of the conspiracy.
• MacK v. Singletary
  142 F. Supp. 2d 1369· S.D. Fla.· 2001-01-03 ·via Right To Confrontation
  The court held that the trial court did not err in denying the motion to substitute counsel or the motion for continuance, and that the petitioner's other claims lacked merit.
• Designated pursuant to Art. IV
  Del.· 2000-03-17
  The Court declined to grant an immediate limited remand for an evidentiary hearing on allegations of judicial bias due to political ambition. Instead, the Court ordered that briefing on these issues be integrated into the existing appellate schedule, requiring supplemental briefs
• United States v. Bodie
  990 F. Supp. 1419· S.D. Fla.· 1997-11-03
  The court held that joinder of defendants was proper under Rule 8(b) and severance under Rule 14 was not warranted, as potential prejudice could be cured by jury instructions and redactions.
• United States v. Des Marteau
  14 F.R.D. 235· M.D. Fla.· 1995-04-26 ·via Right To Confrontation
  The court held that defendants may depose certain Canadian witnesses under Federal Rule of Criminal Procedure 15, but defendants will not be physically present at the depositions, attending instead via teleconference.
• Rhodes v. State
  638 So. 2d 920· Fla.· 1994-05-05 ·via Right To Confrontation
  Richard Rhodes appeals his death sentence imposed after a new sentencing proceeding following vacation of his original death sentence on penalty phase grounds. The Florida Supreme Court affirms the death sentence while vacating a duplicate judgment of conviction entered by the ne
• Feller v. State
  637 So. 2d 911· Fla.· 1994-04-21
  The Florida Supreme Court reversed Feller's sexual battery conviction on three independent grounds: the trial court's failure to make specific findings of fact regarding videotaped child testimony, admission of expert testimony vouching for the child victim's credibility, and adm
• Hernandez v. State
  626 So. 2d 1349· Fla.· 1993-11-10 ·via Right To Confrontation
  The Florida Supreme Court held that a trial court may admit child witness testimony via one-way closed-circuit television in non-abuse cases when there is a case-specific finding of severe emotional harm and sufficient indicia of reliability, without violating the defendant's Six
• Rodriguez v. State
  624 So. 2d 380· Fla. 4th DCA· 1993-09-22
• Callins v. Collins
  998 F.2d 269· 5th Cir.· 1993-08-06
  The court affirmed the denial of the petition for writ of habeas corpus, finding no error in the district court's findings of fact and conclusions of law.
• Lowery v. Collins
  996 F.2d 770· 5th Cir.· 1993-07-20
  The court held that the defendant did not waive his Sixth Amendment rights by not calling the child complainant to testify, and the admission of the videotaped interview was harmful error.
• Wright v. Dallman
  999 F.2d 174· 6th Cir.· 1993-07-20 ·via Sixth Amendment Right To Confront Witnesses
  The Sixth Amendment right to confront witnesses does not require a trial court to allow cross-examination on speculative inferences of bias, especially when other evidence supports the conviction and the limitation does not render the trial fundamentally unfair.
• Quinn v. Neal
  998 F.2d 526· 7th Cir.· 1993-07-13
  The court held that the trial court did not abuse its discretion in limiting cross-examination regarding abuse petitions and the defendant's ongoing relationship with the witness, as no sufficient nexus was shown to demonstrate bias or motive to lie.
• United States v. Kermit Oris Bear Stops
  997 F.2d 451· 8th Cir.· 1993-07-06
  The court held that the exclusion of evidence regarding a prior sexual assault on the victim by other individuals was a violation of the defendant's Sixth Amendment right to present a defense, requiring reversal of the conviction on that count. However, convictions on other count
• United States v. Morgan
  997 F.2d 433· 8th Cir.· 1993-07-02
  The court held that officers had probable cause to arrest the defendant based on corroborated informant information and his suspicious behavior, and that his co-conspirator's statements were admissible under the coconspirator exception to the hearsay rule.
• United States v. Wagner
  996 F.2d 906· 7th Cir.· 1993-06-17
  The court affirmed the validity of the guilty pleas and sentences for John and Michael Wagner, but vacated Scott Sine's sentence and remanded for a specific finding on cocaine attribution, while dismissing ineffective assistance of counsel claims.
• United States v. Restrepo
  994 F.2d 173· 5th Cir.· 1993-06-17
  The court affirmed the convictions, holding that circumstantial evidence, including witness testimony, packaging, and financial transactions, was sufficient for a jury to find the substance was cocaine beyond a reasonable doubt. The court also found that the Confrontation Clause
• United States v. Miller
  995 F.2d 865· 8th Cir.· 1993-06-16
  The court held that the admission of a redacted co-defendant confession did not violate the Confrontation Clause, and a prior guilty plea to a substantive offense did not bar a subsequent conspiracy conviction.
• Vernell Carson v. Collins
  993 F.2d 461· 5th Cir.· 1993-06-08
  The court held that the admission of a videotaped statement did not violate the Confrontation Clause because the victim testified at trial and was subject to cross-examination, and that the admission of the videotape and witness remarks did not render the trial fundamentally unfa
• United States v. Carty
  993 F.2d 1005· 1st Cir.· 1993-05-28
  The court held that the district court did not err in denying the motion to suppress evidence seized under a warrant, nor in restricting cross-examination, nor in admitting 'other act' evidence at trial.
• United States v. Gatto
  995 F.2d 449· 3d Cir.· 1993-05-18 ·via Right To Confrontation
  The court held that evidence of a defendant's courtroom conduct, including intimidating looks at a witness and the presence of an associate, is admissible under Federal Rule of Evidence 404(b) to show consciousness of guilt, and prosecutorial comments on such evidence are permiss
• United States v. Drayton Curry
  993 F.2d 43· 4th Cir.· 1993-05-07
  The court held that a defendant has an unqualified right to inspect jury lists to prepare a challenge to jury selection procedures, but that a witness's invocation of the Fifth Amendment on a collateral matter does not require striking their testimony.
• United States v. Bryant
  991 F.2d 171· 5th Cir.· 1993-05-06
  The court affirmed the conviction and sentence, finding no abuse of discretion in evidentiary rulings, sufficient evidence for conviction, and no clear error in sentencing guideline calculations.
• United States v. Blackburn
  992 F.2d 666· 7th Cir.· 1993-04-22 ·via Right To Confrontation
  The court held that the district court did not err in refusing to define reasonable doubt or in admitting certain testimony and exhibits, but erred in admitting a specific lab report under the business records exception.
• Feller v. State
  617 So. 2d 1091· Fla. 1st DCA· 1993-04-16
  Joseph Feller appeals his conviction for sexual battery on a child, challenging the trial court's order allowing the child victim to testify by videotape under Florida Statute § 92.53. The appellate court affirms the conviction but certifies two questions of great public importan
• United States v. Vasquez
  985 F.2d 491· 10th Cir.· 1993-04-15 ·via Right To Confrontation
  The court denied the petition for rehearing because it attempted to introduce new facts and reargue points already considered, failing to meet the standards for such petitions.