Sufficiency Of Indictment

1,362 Florida cases classified under this topic · sorted by citation count

• O'Leary v. United States
  856 F.2d 1142· 8th Cir.· 1988-09-13 ·cited 12×
  A guilty plea waives all challenges not related to jurisdiction, and a defendant must show the indictment fails on its face to state an offense to establish a jurisdictional defect.
• United States v. Prater
  805 F.2d 1441· 11th Cir.· 1986-12-15 ·cited 12×
  The court held that the defendant, as president of a wholly-owned subsidiary of a savings and loan association, was sufficiently "connected in any capacity" with the parent association to be convicted under federal statutes prohibiting fraud against such institutions.
• United States v. Smith
  788 F.2d 663· 10th Cir.· 1986-04-03 ·cited 12×
  The court held that the superseding indictment was not fatally defective despite a change in the administrative title of the National Credit Union Administration, and that the denial of severance motions was not an abuse of discretion.
• United States v. Hayes
  775 F.2d 1279· 4th Cir.· 1985-11-04 ·cited 12×
  The court held that the indictment for the substantive Travel Act violation was defective for failing to allege a subsequent overt act, but affirmed the conspiracy conviction.
• United States v. Chavis
  772 F.2d 100· 5th Cir.· 1985-08-27 ·cited 12×
  The court affirmed the mail fraud convictions, finding that any errors in evidentiary rulings or jury instructions were harmless.
• United States v. Johnson
  767 F.2d 673· 10th Cir.· 1985-07-03 ·cited 12×
  The court held that the indictment was not fatally vague and that the evidence was sufficient to prove an attempted possession with intent to manufacture and distribute a controlled substance.
• United States v. Wilkes
  732 F.2d 1154· 3d Cir.· 1984-04-19 ·cited 12×
  An indictment charging a violation of 18 U.S.C. § 912 need not specifically allege an intent to defraud, as this element was rendered meaningless by the Supreme Court's interpretation in United States v. Lepowitch.
• The People OF THE Territory OF Guam v. Pedro A.E. Manibusan
  729 F.2d 1236· 9th Cir.· 1984-04-06 ·cited 12×
  The court held that the Appellate Division of the Guam District Court's decision reinstating an indictment was not a final, appealable order under 28 U.S.C. § 1291.
• United States v. Sedlak
  720 F.2d 715· 1st Cir.· 1983-11-03 ·cited 12×
  The court held that the indictment was sufficiently specific and that there was sufficient evidence to support the convictions for conspiracy to use and the use of extortionate means to collect an extension of credit.
• United States v. Bengston
  702 F.2d 656· 7th Cir.· 1983-03-18 ·cited 12×
  The court held that the indictment was constitutionally sufficient but remanded for an evidentiary hearing on whether the attorney's motion to withdraw due to a conflict of interest was dilatory.
• United States v. Powell
  701 F.2d 70· 8th Cir.· 1983-03-04 ·cited 12×
  The court held that the indictment sufficiently set forth the essential elements of criminal copyright infringement, and affirmed the conviction.
• United States v. Elliott
  689 F.2d 178· 10th Cir.· 1982-09-27 ·cited 12×
  The submission of a worthless check, even one signed by a third party, does not constitute a 'false statement' under 15 U.S.C. § 645(a) because a check is not a factual assertion.
• United States v. Udziela
  671 F.2d 995· 7th Cir.· 1982-02-11 ·cited 12×
  The court held that while perjured grand jury testimony discovered before trial necessitates a judicial hearing or a new indictment, the indictment here was supported by sufficient untainted evidence, thus the trial court did not err in denying dismissal.
• United States v. Anderson
  577 F.2d 258· 5th Cir.· 1978-07-27 ·cited 12×
  The court held that the defendants' convictions for willful filing of a false withholding certificate were supported by sufficient evidence and that any evidentiary errors were harmless.
• Theron Black v. State
  360 So. 2d 142· Fla. 2d DCA· 1978-06-28 ·cited 12×
  Black's murder conviction was reversed because the indictment failed to allege the place where the crime occurred, a defect not curable by a later bill of particulars or trial evidence. The court held the omission fatally defective under Rimes v. State but certified the question
• United States v. Smith
  553 F.2d 1239· 10th Cir.· 1977-04-28 ·cited 12×
  The court held that an indictment charging an "attempt to rob" under 18 U.S.C. § 2114 is insufficient because the statute proscribes "assault with intent to rob" or a completed robbery, not all attempts to rob.
• State v. Barnett
  339 So. 2d 1159· Fla. 2d DCA· 1976-12-10 ·cited 12×
  Florida's appeal of an indictment dismissal for bookmaking. The court held that a statewide grand jury may indict for single-county offenses within its enumerated crime categories, even if the multicounty nexus required for the grand jury's creation is not alleged or proved in th
• United States v. Gates
  528 F.2d 1045· 5th Cir.· 1976-03-18 ·cited 12×
  The court held that the indictment was sufficient and the goods retained their interstate character at the time of the theft.
• United States v. Harris
  523 F.2d 172· 6th Cir.· 1975-09-25 ·cited 12×
  The court held that the indictment was sufficient and the trial court did not err in allowing impeachment of hostile witnesses or in its handling of the prosecutor's argument.
• United States v. Hand
  497 F.2d 929· 5th Cir.· 1974-07-26 ·cited 12×
• United States v. Shropshire
  498 F.2d 137· 6th Cir.· 1974-06-05 ·cited 12×
  The court held that the trial judge did not abuse discretion in denying a motion to strike the jury panel, dismissing the indictment, suppressing evidence, or limiting cross-examination, and that sufficient evidence supported the conviction.
• United States v. Goetluck
  433 F.2d 971· 9th Cir.· 1970-11-03 ·cited 12×
  The court held that the appellant's conviction for bank robbery was valid, and none of his raised issues warranted reversal.
• United States v. Lookretis
  385 F.2d 487· 7th Cir.· 1967-10-11 ·cited 12×
  The court held that the defendant's conviction was valid, rejecting all grounds for appeal.
• Pitman v. United States
  380 F.2d 368· 9th Cir.· 1967-06-21 ·cited 12×
  The court held that the indictment was not defective, the search and seizure were lawful, and the appellant's statements were admissible.
• United States v. Lewis Food Co., Inc.
  366 F.2d 710· 9th Cir.· 1966-09-22 ·cited 12×
  The court held that the indictment sufficiently stated an offense under 18 U.S.C. § 610, as the advertisement's content could be construed as influencing voters, and the use of general corporate funds and lack of stockholder consent were factual issues, not grounds for dismissal.
• Williams v. United States
  344 F.2d 264· 8th Cir.· 1965-04-15 ·cited 12×
  The court held that the defendant's motion to vacate sentence was properly denied as he failed to demonstrate any violation of his constitutional rights.
• Kovens v. United States
  338 F.2d 611· 5th Cir.· 1964-11-27 ·cited 12×
  The court held that the indictment adequately charged violations of 18 U.S.C. § 1014 and that sufficient evidence supported the jury's verdict of guilt for making false statements to a Federal Savings and Loan Association.
• Sanford Napoleon Powell v. United States
  338 F.2d 556· 7th Cir.· 1964-11-05 ·cited 12×
  The court held that an indictment under 26 U.S.C. § 4704(a) is not defective for failing to name the purchaser, and that the indictment sufficiently charged the offense by stating the drug was not from the original stamped package.
• Bent v. United States
  308 F.2d 585· 8th Cir.· 1962-10-19 ·cited 12×
  The court held that the trial court did not abuse its discretion in denying a motion to vacate a sentence without a hearing, as the issues raised were previously adjudicated and the sufficiency of an indictment is generally not subject to collateral attack.
• Roth v. United States
  295 F.2d 364· 8th Cir.· 1961-10-27 ·cited 12×
  The court held that the sufficiency of an indictment or information is not subject to collateral attack under 28 U.S.C. § 2255 after conviction and affirmation of the judgment.
• Hanf v. United States
  235 F.2d 710· 8th Cir.· 1956-07-25 ·cited 12×
  The court held that the indictment sufficiently charged offenses, the motions to dismiss were untimely, and the Federal Alcohol Administration Act constitutionally applies to intrastate liquor sales that affect interstate commerce or revenue.
• United States v. Rodgers
  218 F.2d 536· 5th Cir.· 1955-01-07 ·cited 12×
  The indictment is sufficient to state an offense under 21 U.S.C.A. § 174 because it follows the statutory language for receiving and concealing illegally imported narcotics.
• United States v. Walker
  216 F.2d 683· 5th Cir.· 1954-11-16 ·cited 12×
  The court held that the indictment sufficiently charged a federal offense under 18 U.S.C. § 242, and the district judge erred in dismissing it.
• Crolich v. United States
  196 F.2d 879· 5th Cir.· 1952-05-20 ·cited 12×
  The court held that the indictment sufficiently charged offenses under 18 U.S.C. § 241 and that the nolo contendere pleas did not waive the right to challenge the indictment's sufficiency.
• Robinson v. United States
  175 F.2d 4· 9th Cir.· 1949-05-26 ·cited 12×
  The court held that the evidence was sufficient to support the jury's verdicts and that no prejudicial error occurred during the trial, affirming the convictions.
• Michener v. United States
  170 F.2d 973· 8th Cir.· 1948-11-02 ·cited 12×
  The court held that the indictment's first count sufficiently alleged the material ingredients of the crime, and any defects were matters of form, not substance, and too late to challenge after a guilty plea.
• Robertson v. United States
  168 F.2d 294· 5th Cir.· 1948-06-04 ·cited 12×
  The court held that an indictment for transporting a stolen vehicle in interstate commerce, which failed to directly allege the vehicle was stolen but implied it, was not fatally defective and was cured by the verdict.
• Huntley v. Schilder
  125 F.2d 250· 10th Cir.· 1942-01-07 ·cited 12×
  The court held that the indictment sufficiently charged an offense under the mail fraud statute, and therefore, the habeas corpus petition was properly denied.
• United States v. Molasky
  118 F.2d 128· 7th Cir.· 1941-02-26 ·cited 12×
  The court held that the jury instructions regarding willful attempt to evade income taxes were proper and supported by substantial evidence.
• Lewis v. The Honorable Nathan Mayo
  127 Fla. 488· Fla.· 1937-03-22 ·cited 12×
  Nathan Lewis sought habeas corpus relief after pleading guilty to breaking and entering with intent to commit rape. The Florida Supreme Court held that while the indictment and guilty plea were valid, the sentencing judgment was defective for failing to include the element 'with
• Sumpter v. State
  62 Fla. 98· Fla.· 1911-06-01 ·cited 12×
  Frank Sumpter was convicted of murder in the second degree for shooting Richmond Pinkney with a shotgun. On writ of error, Sumpter challenged the sufficiency of the indictment and moved for a new trial based on jury irregularities and alleged juror bias, but the Florida Supreme C
• Daniels v. State
  52 Fla. 18· Fla.· 1906-06-01 ·cited 12×
  Charles Daniels was convicted of first-degree murder for shooting Charles Grant. The Florida Supreme Court affirmed the conviction, holding that the indictment sufficiently charged premeditated design to effect death even though the language was not repeated in every clause, as t
• Newton v. State
  51 Fla. 82· Fla.· 1906-01-01 ·cited 12×
  Sarah Newton and James Newton were convicted of murder in the first degree for the death of Will Jones. The Florida Supreme Court reversed their convictions and remanded for new trial, finding that the trial court erred by restricting jury instructions to murder in the first degr
• Peterson v. State
  41 Fla. 285· Fla.· 1899-01-01 ·cited 12×
  Daniel Peterson was convicted of assault with intent to murder for firing a pistol at a riverboat to force its return. The Florida Supreme Court affirmed, holding that an indictment alleging assault with a pistol need not specify the manner of use, and that the evidence sufficien
• Pleasant Robinson v. State
  18 Fla. 898· Fla.· 1882-01-01 ·cited 12×
  Pleasant Robinson was convicted of perjury for giving false testimony at the trial of John Robinson, who was charged with aiding a prisoner's escape. The Florida Supreme Court affirmed the conviction, holding that the indictment sufficiently alleged materiality of the false testi
• State v. Chas. H. Pearce
  14 Fla. 153· Fla.· 1872-04-01 ·cited 12×
  Florida Supreme Court affirmed the conviction of Charles H. Pearce for corruptly offering money to a legislative officer to influence his vote on an impeachment resolution. The court rejected the defendant's challenges to the indictment's form, the jury's oath, and whether the in
• United States v. Martell
  906 F.2d 555· 11th Cir.· 1990-07-19 ·cited 11×
  The court affirmed the conviction but vacated the sentence, remanding for resentencing because the trial court failed to provide an explanation for departing from sentencing guidelines when imposing an enhanced sentence for an offense committed while on release.
• United States v. Fitzgerald
  882 F.2d 397· 9th Cir.· 1989-08-11 ·cited 11×
  The court held that 18 U.S.C. § 113(f) is not void for vagueness and the indictment was sufficient. The term 'serious bodily injury' is understandable by common persons, and the indictment tracked the statute's language.
• State v. Amilcar Jose Rodriguez-Jimenez and Aguedo Borrego-Estrada
  439 So. 2d 919· Fla. 3d DCA· 1983-10-04 ·cited 11×
  The State appeals the dismissal of a conspiracy count charging the defendants with conspiring to commit first-degree murder. The court reverses, holding that the conspiracy charge adequately alleges the essential elements and distinguishes the charge from prior cases where altern
• United States v. Holmes
  632 F.2d 167· 1st Cir.· 1980-10-21 ·cited 11×
  The court held that the defendant's statements were voluntary, the indictment was sufficient, photographs were properly admitted, and jury instructions were adequate.