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61 F.4th 855·
11th Cir.·
2023-01-20
·cited 1×
The court held that the indictment sufficiently stated federal healthcare fraud offenses and that there was sufficient evidence to support the convictions.
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1991 WL 45339·
M.D. Fla.·
2013-05-01
·cited 1×
The Court held that the Controlled Substance Analogue Enforcement Act of 1986 is not unconstitutionally vague as applied to UR-144 and XLR-11, and the indictment is sufficient on its face.
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612 F.2d 799·
4th Cir.·
1979-10-30
·cited 1×
The dissenting judge argues that the indictment and proof were legally insufficient to convict the defendant under 18 U.S.C. § 500 because they failed to allege or prove possession of a 'blank' money order form.
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Del. Super. Ct.·
2026-01-29
The Delaware Superior Court partially granted and partially denied a defendant's motions to dismiss an indictment charging him with multiple sexual offenses against minors allegedly committed in 1995-1996. The court dismissed two counts under the Ex Post Facto Clause but upheld t
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Del. Super. Ct.·
2026-01-05
In a murder prosecution, the defendant sought a bill of particulars to identify the legal basis for any duty he allegedly owed to the victim. The court held that while the indictment satisfies the minimum statutory requirement by tracking the statutory language, a bill of particu
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M.D. Fla.·
2025-02-26
Darryl Cleon Forbes, a Jamaican citizen, pleaded guilty to conspiracy to commit wire fraud for operating a fraudulent sweepstakes scheme that defrauded U.S. victims of millions of dollars, and challenged his conviction through a § 2255 motion arguing his indictment charged a non-
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M.D. Fla.·
2024-08-29
Dion Fisher sought to vacate his drug trafficking and money laundering conviction through a motion claiming ineffective assistance of counsel at trial and on appeal. The district court denied most of his claims on the merits but deferred ruling on his claim that trial counsel fai
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M.D. Fla.·
2024-06-12
The court held that the petitioner's claims were procedurally barred from federal review because he failed to exhaust state remedies by not presenting the federal nature of his claims to the state courts and did not demonstrate cause and prejudice or a miscarriage of justice.
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M.D. Fla.·
2024-05-21
The Court held that the due process claim was procedurally barred and that the ineffective assistance of counsel claims were properly denied by the state court.
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S.D. Fla.·
2024-05-14
Tyrell Deronville, sentenced to life plus 30 years for second-degree murder and attempted second-degree murder in a shooting over a drug dispute, filed a federal habeas petition challenging his conviction based on claims of ineffective assistance of counsel. The district court di
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S.D. Fla.·
2023-11-29
The court denied in part and dismissed in part the motion to vacate, finding most claims procedurally barred or meritless.
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M.D. Fla.·
2023-03-22
The court denied the petition for a writ of habeas corpus, finding that the state court's decisions were not contrary to federal law and were based on reasonable determinations of fact.
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M.D. Fla.·
2023-03-17
The court held that the petitioner's prior state drug convictions qualified as 'serious drug offenses' under the ACCA, and counsel was not ineffective for failing to challenge this classification. The court also found the indictment sufficiently stated the offense.
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Del. Super. Ct.·
2023-02-17
The court denied the defendant's motion for a new trial, finding that the alleged prosecutorial misconduct did not rise to the level of reversible error and that the indictment was sufficient. The court applied different standards of review for misconduct claims based on whether
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M.D. Fla.·
2023-02-15
The court held that the prisoner's motion to vacate his convictions and sentence under 28 U.S.C. § 2255 should be denied because his claims lack merit, are procedurally barred, or are procedurally defaulted.
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S.D. Fla.·
2022-06-29
The court held that trial counsel was not ineffective for failing to challenge subject matter jurisdiction because the evidence established the vessel was stateless and thus subject to U.S. jurisdiction.
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Del. Super. Ct.·
2022-03-17
The Court held that the defendant's motion to dismiss the indictment on due process grounds must be denied. The statutory definition of sexual contact, which incorporates a "reasonable person" standard to assess intent, does not violate due process. This standard serves to evalua
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S.D. Fla.·
2021-10-27
Maurice Exavier, a federal inmate convicted of wire fraud conspiracy, identity theft conspiracy, wire fraud, and aggravated identity theft in connection with filing fraudulent tax returns for deceased individuals through his tax preparation businesses, sought collateral relief un
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S.D. Fla.·
2021-10-13
The court recommended denying the motion to vacate because the movant procedurally defaulted his claim and cannot show cause or prejudice, nor actual innocence.
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M.D. Fla.·
2021-10-04
Raimundo Antonio Hogan was convicted of firearm possession by a convicted felon and sentenced to 180 months imprisonment; he challenged his conviction and sentence through a §2255 motion on grounds of ineffective assistance of counsel, prosecutorial misconduct regarding firearm s
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M.D. Fla.·
2021-02-22
Jon Christopher Stoune was convicted of attempted enticement of a minor, advertising child pornography, and attempted production of child pornography after engaging in sexually explicit communications with an undercover police officer posing as a 14-year-old girl. The district co
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Del.·
2020-11-06
The Delaware Supreme Court affirmed the Superior Court's judgment, holding that the defendant's arguments regarding false statements in the arrest warrant and indictment, violation of his right to a speedy trial, amendment of the indictment, double jeopardy, improper jury instruc
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S.D. Fla.·
2020-07-02
The court held that the petitioner's objections were overruled and his Section 2255 motion was denied because his claims regarding jurisdiction, plea validity, and sentencing enhancements lacked merit.
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M.D. Fla.·
2020-01-27
Steve Anderson, an inmate serving a life sentence for first-degree murder and carrying a concealed firearm, sought federal habeas relief challenging his 2009 state court convictions, raising claims including judicial bias during jury selection, insufficient evidence for the firea
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Fla. 4th DCA·
2020-01-22
The defendant appealed his conviction for carrying a concealed firearm, arguing that the state failed to prove an essential element of the crime following Florida's 2015 amendment to section 790.01. The court agreed, holding that the 2015 amendment transformed lack of licensure f
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Del. Super. Ct.·
2020-01-13
The court denied the defendant's motion for postconviction relief, finding that his indictment was proper and that he did not receive ineffective assistance of counsel. The court granted the motion to withdraw filed by the defendant's Rule 61 Counsel.
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Fla. 3d DCA·
2019-10-02
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S.D. Fla.·
2016-07-07
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M.D. Fla.·
2015-11-30
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2015 U.S. Dist. LEXIS 132811·
N.D. Fla.·
2015-09-30
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M.D. Fla.·
2014-06-13
The court held that the Slaters' first Proof of Loss, submitted on August 27, 2012, was timely under the 60-day deadline, calculated using Rule 6(a) of the Federal Rules of Civil Procedure, regardless of whether the loss date was June 26, 27, or 28, 2012.
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1992 WL 35545·
M.D. Fla.·
2013-08-20
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672 F. Supp. 2d 1328·
S.D. Fla.·
2009-12-01
The Court adopted the Magistrate Judge's recommendation to grant in part and deny in part the motion to dismiss the superseding indictment.
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Del.·
2009-09-01
The Superior Court's judgments of conviction for three counts of Home Improvement Fraud are affirmed. However, the court erred in sentencing the defendant on three separate counts for what constituted a single offense, and the matter is remanded for merger and resentencing on one
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972 So. 2d 1056·
Fla. 3d DCA·
2008-01-23
Claudychel Leyva appeals his convictions for first-degree murder and aggravated child abuse of his girlfriend's two-year-old son. The court affirms, rejecting Leyva's arguments regarding insufficient notice in the indictment, the denial of his motion to suppress statements, and t
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477 F. Supp. 2d 1210·
S.D. Fla.·
2007-03-12
The court denied the motion to dismiss the falsity counts (Counts 5-11) and granted the motion to sever these counts for separate trial.
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459 F. Supp. 2d 1255·
S.D. Fla.·
2005-10-17
The court adopted the magistrate judge's report and recommendation, denying defendants' motions to dismiss the indictment.
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308 F. Supp. 2d 1322·
M.D. Fla.·
2004-03-12
The court held that the interpretation of AEDPA and IEEPA requires careful consideration of mens rea and potential constitutional issues, particularly regarding First Amendment rights and vagueness challenges.
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248 F. Supp. 2d 1170·
S.D. Fla.·
2003-02-28
The court held that the movant's claims were procedurally barred or substantively without merit, and adopted the Magistrate's recommendation to deny the motion to vacate, set aside, or correct the conviction and sentence.
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192 F. Supp. 2d 1334·
M.D. Fla.·
2002-01-10
The court held that the indictment was sufficient, venue was proper, the vessel was subject to U.S. jurisdiction, the relevant statutes were constitutional, and the determination of jurisdiction was a question of law for the court, not the jury.
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821 F. Supp. 1400·
S.D. Fla.·
1995-11-15
Recovery for negligent infliction of emotional distress under general maritime law requires a physical manifestation of the emotional injury, even if the plaintiff was within the zone of danger.
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995 F.2d 1256·
4th Cir.·
1993-06-11
The dissenting judge would reverse the district court's grant of the writ, finding no constitutional error regarding notice and that any error was invited or not prejudicial.
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995 F.2d 1493·
10th Cir.·
1993-06-04
The court held that the evidence was sufficient to support the district court's finding that the defendant acted as a manager for sentencing enhancement purposes and that the evidence was sufficient to support his convictions.
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993 F.2d 58·
5th Cir.·
1993-05-28
The court held that an indictment charging attempted bank larceny under 18 U.S.C. § 2113(a) is sufficient, but a conviction under 18 U.S.C. § 924(c)(1) requires proof of a crime of violence, which attempted bank larceny alone does not satisfy.
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992 F.2d 785·
8th Cir.·
1993-05-03
The court held that the district court did not abuse its discretion in denying the motion for mistrial based on surplusage in the indictment, and that the prosecutor's demonstration during closing argument did not constitute plain error.
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985 F.2d 1027·
9th Cir.·
1993-02-16
The court affirmed the conviction, holding that the defendant did not receive ineffective assistance of counsel and that the statute and indictment were not unconstitutionally vague.
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982 F.2d 173·
6th Cir.·
1992-12-11
The dissent argues that the indictment was legally sufficient because conspiracy to aid and abet is the same crime as conspiracy to commit the underlying offense.
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980 F.2d 868·
2d Cir.·
1992-12-04
The court held that the indictment, when read in its entirety, provided sufficient notice of the charges, and the jury instructions did not constructively amend the indictment.
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979 F.2d 365·
5th Cir.·
1992-12-03
The court held that the indictment was sufficient, the evidence was sufficient to support the convictions, and the admission of certain evidence was not erroneous.
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973 F.2d 272·
4th Cir.·
1992-08-17
The court held that an indictment must charge each essential element of the offense, and a statutory citation alone is insufficient to cure a failure to do so. The court reversed the conviction under 26 U.S.C.A. § 5861(e) because the indictment failed to allege all essential elem