Sufficiency Of Indictment

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

• United States v. McDONOUGH
  959 F.2d 1137· 1st Cir.· 1992-03-13
  The court held that the indictment sufficiently alleged a nexus between the enterprise and racketeering activity, and that the sentencing enhancements for perjury and abuse of trust were properly applied.
• United States v. DeANDINO
  958 F.2d 146· 6th Cir.· 1992-03-03
  The court held that an indictment under 18 U.S.C. § 875(c) is sufficient if it tracks the statutory language, as the statute requires only general intent for the threat element, not specific intent.
• United States v. Armstrong
  951 F.2d 626· 5th Cir.· 1992-01-10
  The court held that the indictment was sufficient and the guilty plea was supported by a factual basis, affirming the denial of post-conviction relief.
• Resolution Tr. Corp. v. Associated Inv. Grp.
  631 F. App'x 276· S.D. Fla.· 1991-12-27
  The court held that the Resolution Trust Corporation (RTC) is protected by 12 U.S.C. § 1823(e) from defendants' personal contract defenses, entitling the RTC to summary judgment on the notes. Ownership of the notes and partnership capacity were also resolved in favor of the RTC.
• Thomas v. Groose
  951 F.2d 173· 8th Cir.· 1991-12-17
  The court held that the petitioner's claims of ineffective assistance of counsel did not meet the prejudice requirement for habeas corpus relief.
• Gwong v. State
  567 So. 2d 906· Fla. 2d DCA· 1990-08-31
  Richard Gwong appeals his first-degree murder conviction based on a jury verdict finding him guilty of felony murder. The court affirmed the conviction, holding that an indictment charging premeditated murder is sufficient to support a felony murder conviction without requiring t
• Langdon Barber Groves, Inc. v. Haffield
  54 F. Supp. 164· S.D. Fla.· 1987-03-03
• Garrett v. O.L. McCOTTER
  807 F.2d 482· 5th Cir.· 1987-01-13
  The Court held that the bribery indictments were fundamentally defective because they failed to allege an essential element of the offense under the current statute, thus depriving the convicting court of jurisdiction.
• United States v. Soldano
  626 F. Supp. 384· S.D. Fla.· 1986-01-27
  An indictment for conspiracy must be sufficiently specific regarding the time frame and co-conspirators to inform the defendant of the charges and protect against double jeopardy.
• Smith v. United States
  713 F.2d 387· 8th Cir.· 1983-08-04
  The temporary suppression of an indictment does not deny due process if the defendant receives adequate notice of the charges. The indictment was sufficient and evidence supported the interstate commerce nexus.
• State v. Cleo D. LeCROY and Jon M. LeCroy
  435 So. 2d 354· Fla. 4th DCA· 1983-07-27
  Florida appeals from a trial court order dismissing two robbery counts and suppressing statements and physical evidence obtained in violation of Miranda rights. The Fourth District Court of Appeal reversed the dismissal of the robbery counts, finding the indictments contained suf
• United States v. Clark
  701 F.2d 68· 8th Cir.· 1983-03-03
  The court held that the trial court did not err in denying the defendant's motions to dismiss the indictment, for a mistrial, for a continuance, or in refusing a specific jury instruction.
• United States v. Shahriar Tashnizi
  687 F.2d 50· 5th Cir.· 1982-09-09
  The court held that the indictment was not defective for failing to specify the means of transportation used to bring an alien into the United States, as this was not an essential element of the offense.
• Melvee Tucker v. State
  417 So. 2d 1006· Fla. 3d DCA· 1982-06-22
  Melvee Tucker was convicted of first-degree murder in the 1974 killing of a convenience store employee and sentenced to life imprisonment. On appeal, Tucker challenged his conviction on six grounds, including claims regarding venue, prosecutorial delay, grand jury composition, co
• State v. Robson
  397 So. 2d 768· Fla. 1st DCA· 1981-05-04
  The State of Florida appealed the dismissal of grand theft indictments against Robin L. Robson and Jan Pozin. The trial court had dismissed the indictments as insufficient because they tracked statutory language without detailing specific fraudulent acts, but the Florida Supreme
• United States v. Minick
  636 F.2d 181· 7th Cir.· 1980-12-15
  An indictment charging conversion under 18 U.S.C. § 1711 is not fatally defective for failing to explicitly allege criminal intent, as the term 'convert' in the statute implies such intent.
• State v. Harden
  384 So. 2d 52· Fla. 2d DCA· 1980-06-04
  Florida appellate court reversed dismissal of first-degree murder indictment, holding that an indictment need not explicitly allege that the victim or accused are human beings when it is in substantial compliance with statutory form.
• United States v. GAY
  577 F.2d 465· 8th Cir.· 1978-06-20
  The indictment is sufficient because identifying the victims as a collective group, 'campers,' provides adequate protection against double jeopardy and fair notice of the charge.
• United States v. Davison
  555 F.2d 1376· 9th Cir.· 1977-06-20
  The court affirmed the judgments of conviction for each appellant, finding the indictment sufficient and the evidence adequate to support the convictions.
• United States v. Petersen
  548 F.2d 279· 9th Cir.· 1977-01-10
  The court held that the trial court did not err in its rulings regarding jury access to the Information, the sufficiency of the charges, or jury instructions, and that the evidence supported the conviction.
• United States v. Savard
  493 F.2d 490· 5th Cir.· 1974-05-02
  The court held that the indictment, coupled with the bill of particulars, sufficiently advised the appellant of the offense, and that the evidence presented was sufficient to support the guilty verdict.
• United States v. Houston Harris Walton
  450 F.2d 918· 9th Cir.· 1971-08-31
  The court held that the indictment was sufficient, the evidence was ample to sustain the conviction, trial counsel was adequate, and the sentence under the Youth Corrections Act was valid.
• United States v. Varner
  441 F.2d 386· 5th Cir.· 1971-04-12
  The court held that the indictment was not subject to challenge and that the waiver of a bill of particulars was harmless error because the defense was fully apprised of the government's case.
• Payton v. United States
  436 F.2d 575· 10th Cir.· 1970-12-22
  A voluntary guilty plea waives claims of factual insufficiency of the indictment, and such claims cannot be raised in a collateral attack under 28 U.S.C.A. § 2255.
• Anderson v. United States
  427 F.2d 165· 6th Cir.· 1970-05-27
  The court held that the district court's interrogation complied with Rule 11 and the indictment sufficiently alleged interstate commerce.
• United States v. Isadore Parzow
  391 F.2d 240· 4th Cir.· 1968-02-05
• United States v. Hendrex
  387 F.2d 931· 6th Cir.· 1968-01-19
  The court held that the defendant's constitutional rights were not violated and the indictment was sufficient to charge the offense.
• Hayes v. Peyton
  364 F.2d 303· 4th Cir.· 1966-07-21
  A defective indictment for murder, which sufficiently informed the accused of the nature of the charge and did not mislead him, is not grounds for federal habeas corpus relief.
• United States v. Carpenter
  355 F.2d 532· 7th Cir.· 1966-01-11
  The court held that an indictment for unlawful sale of narcotics does not need to name the purchaser, and that the prior ruling in Lauer v. United States was wrongly decided.
• McCRAW v. United States
  353 F.2d 201· 9th Cir.· 1965-11-29
  The court held that the appellant's contentions regarding indictment insufficiency and sentence ambiguity are without merit and do not warrant vacating the sentence.
• Dunham v. United States
  348 F.2d 590· 6th Cir.· 1965-07-14
  The court held that count one of the indictment is not invalid for failing to name the transferee.
• Patterson v. United States
  344 F.2d 693· 10th Cir.· 1965-04-29
  The court held that an indictment for a narcotics offense is legally sufficient even if it does not name the purchaser of the narcotics.
• State v. Buchanan
  24 Fla. Supp. 90· Dade Cty. Cir. Ct.· 1964-11-16
  Mark M. Weiss sought habeas corpus relief challenging his extradition to Ohio on charges of selling unregistered securities through the mail from Florida to Ohio residents. The court held that Florida's extradition statute permits rendition of individuals who commit acts in Flori
• Gaspar Cisneros v. United States
  322 F.2d 948· 9th Cir.· 1963-09-25
  The court held that the indictment was not fatally defective for failing to specify the section "as amended" and that the conviction was valid under the imposed sentence.
• Doyle v. United States
  318 F.2d 419· 8th Cir.· 1963-06-12
  The court held that the indictment was sufficient and the evidence supported the conviction for embezzlement from a labor organization.
• McCRACKEN v. United States
  298 F.2d 569· 5th Cir.· 1962-02-05
  The court held that the indictment was sufficient and the admission of testimony about the defendant's nickname was not reversible error.
• Mende v. United States
  291 F.2d 395· 9th Cir.· 1961-06-16
• Beavers v. United States
  287 F.2d 827· 9th Cir.· 1961-02-20
  The court held that the indictment count sufficiently alleged criminal conduct, despite the defendant's claim of insufficient specificity.
• Akers v. United States
  280 F.2d 198· 6th Cir.· 1960-07-12
  The court held that the issues raised by the appellant were either without merit or not cognizable on a motion to vacate sentence under 28 U.S.C. § 2255.
• Hanson v. United States
  254 F.2d 359· 6th Cir.· 1958-04-26
  The court held that the trial court did not err in admitting evidence, in its jury instructions, or in its rulings on the indictment and diary entries.
• Barone v. United States
  205 F.2d 909· 8th Cir.· 1953-07-22
  The court held that the indictment was sufficient, the evidence sustained the conviction, and various trial errors were not grounds for reversal.
• Work v. United States
  201 F.2d 510· 10th Cir.· 1953-01-27
• Spencer v. Pescor
  164 F.2d 342· 8th Cir.· 1947-11-05
  The conviction and commitment were legally made, constitutional rights were not denied, and the indictment was sufficient.
• Schultz v. United States
  155 F.2d 721· 9th Cir.· 1946-05-24
  The court held that charging a registrant with knowingly failing to keep his local board advised of his address was sufficient to charge an offense under the Selective Training and Service Act of 1940.
• United States v. Alfano
  155 F.2d 520· 3d Cir.· 1946-05-14
  The court held that the indictment was sufficient to charge the offense of receiving stolen property, despite a minor omission.
• Hardaman v. State
  156 Fla. 840· Fla.· 1946-01-26
  Hardaman was convicted of embezzling $58.50 from his employer, Frank T. Budge Company, and appealed arguing the information failed to allege that the employer was a corporation. The Florida Supreme Court affirmed, holding that under the Criminal Procedure Act of 1939, it is suffi
• Sykes v. Sanford
  150 F.2d 205· 5th Cir.· 1945-07-05
  The court held that the indictment was sufficient and the judge's residency did not deprive the court of jurisdiction, thus habeas corpus was not warranted.
• United States v. A. Steiner, Inc.
  149 F.2d 665· 7th Cir.· 1945-06-06
  The court held that the indictment was sufficient and that a fine could be imposed on a corporation even if the statute prescribed both fine and imprisonment, as imprisonment is impossible for a corporation.
• Williams v. United States
  148 F.2d 960· 9th Cir.· 1945-03-30
  The indictment sufficiently charged an offense against the United States under 18 U.S.C. § 468, and the evidence supported the conviction.
• Mrozik v. Johnston
  148 F.2d 149· 9th Cir.· 1945-03-16
  The court held that a habeas corpus petition cannot be used to challenge a conviction based on an indictment's alleged legal insufficiency if the trial court had jurisdiction.