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107 So. 360·
Fla.·
1926-01-30
·cited 398×
Bessie Cannon was convicted of manslaughter for recklessly driving an automobile that struck and killed Mrs. B. L. Carr. The Florida Supreme Court reversed and remanded because the trial court's jury instructions on culpable negligence failed to adequately convey the heightened d
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748 F.2d 8·
1st Cir.·
1984-11-07
·cited 149×
The court affirmed the convictions, finding sufficient evidence for conspiracy charges and that joint trials were permissible and not prejudicial.
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142 F.2d 503·
2d Cir.·
1944-04-24
·cited 142×
The court held that the exclusion of official reports was prejudicial error requiring a new trial, and that Andolschek was immune from prosecution due to his grand jury testimony.
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668 F.2d 566·
1st Cir.·
1981-11-12
·cited 120×
The court held that the evidence was sufficient to support the convictions for conspiracy and possession of stolen goods, and that the jury instructions were appropriate.
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510 F.2d 1020·
5th Cir.·
1975-04-03
·cited 97×
The court held that the trial court did not err in denying motions for new trial based on juror bias, severance, mistrial, dismissal, acquittal, or in refusing certain jury charges, and that no double jeopardy violation occurred.
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734 F.2d 306·
7th Cir.·
1984-05-11
·cited 82×
The court held that a jury instruction on aiding and abetting a conspiracy is permissible even if not explicitly stated in the indictment, and that sufficient evidence supported the defendant's conviction for possession with intent to distribute.
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555 F.2d 462·
5th Cir.·
1977-07-05
·cited 70×
The court affirmed convictions, holding that limitations on cross-examination were harmless, evidence was sufficient, hearsay at sentencing was permissible, and jury instructions were adequate.
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600 F.2d 505·
5th Cir.·
1979-08-08
·cited 66×
The court held that the admission of evidence concerning co-conspirators' prior acts was proper, the jury instructions were adequate, and the refusal to allow defense counsel to testify was not an abuse of discretion.
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801 F.2d 1477·
6th Cir.·
1986-09-24
·cited 64×
The court held that the evidence was sufficient to support convictions for conspiracy to distribute controlled substances and mail fraud, but vacated convictions on two substantive counts due to insufficient evidence.
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557 F.2d 13·
1st Cir.·
1977-05-26
·cited 62×
The court held that a material variance occurred when the jury instructions on Count 11 changed the theory of the charged offense from selling worthless securities to a breach of fiduciary duty, requiring vacation of convictions on that count. Other convictions were affirmed.
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632 F.2d 670·
7th Cir.·
1980-06-25
·cited 60×
The court held that while the trial court's 'no sidebar' rule potentially violated Fed.R.Evid. 103(c), the prosecutor's conduct did not deprive the appellant of a fair trial, and the evidence was sufficient for mail fraud convictions on Counts I and II, but not Count III.
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29 Fla. 408·
Fla.·
1892-01-01
·cited 60×
Henry C. Smith was convicted of forging a school warrant by altering its amount from $3 to $30. On appeal, the Florida Supreme Court affirmed the conviction, holding that school warrants are proper subjects of forgery statutes and that circumstantial evidence of Smith's guilt was
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342 F.2d 697·
2d Cir.·
1965-03-10
·cited 54×
The court held that the admission of evidence, the jury instructions, and the imposition of consecutive sentences were proper.
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904 F.2d 365·
6th Cir.·
1990-06-01
·cited 42×
The court affirmed Smoot's conviction but vacated the sentences of both defendants, remanding for resentencing.
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659 F.2d 714·
6th Cir.·
1981-09-17
·cited 39×
The dissenting judge would hold that permitting the jury to convict based on threats of physical harm did not constitute a constructive amendment to the indictment, as it did not change the basic theory of the alleged conspiratorial agreement.
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948 F.2d 370·
7th Cir.·
1991-11-21
·cited 34×
The court held that the police's forced entry complied with the knock-and-announce statute, and that the defendant's argument regarding constructive amendment of the indictment was not preserved for appeal.
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610 F.2d 1076·
3d Cir.·
1979-08-10
·cited 32×
The court held that a defendant can be convicted of aiding and abetting a crime even if the principal has been acquitted.
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432 F.2d 1293·
7th Cir.·
1970-07-31
·cited 30×
The court held that the evidence was sufficient to support the conspiracy convictions and that most searches were lawful or any errors were harmless. It affirmed the convictions of the appellants.
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837 F.2d 906·
10th Cir.·
1988-01-20
·cited 28×
The admission of evidence of uncharged drug offenses to prove the continuing series element of a Continuing Criminal Enterprise (CCE) charge was improper because the indictment failed to provide adequate notice of such proof, violating the defendant's Sixth Amendment right to be
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460 F.2d 701·
5th Cir.·
1972-05-15
·cited 24×
The court held that the informant's entry into the defendant's home, even by pretext, did not violate the Fourth Amendment when the defendant invited the informant in, and that simultaneous possession of multiple unregistered firearms constitutes multiple offenses under 26 U.S.C.
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240 F.2d 216·
7th Cir.·
1957-01-15
·cited 24×
The court held that 'trade boosters' are essential parts of gambling devices under the Johnson Act and that the registration requirements of the Act do not violate the Fifth Amendment. The court also affirmed the trial court's rulings on procedural matters.
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928 F.2d 665·
5th Cir.·
1991-04-01
·cited 22×
The court held that wiretap evidence was admissible, a variance between the indictment and evidence did not prejudice substantial rights, and prosecutorial explanations for jury strikes were adequate. However, the evidence was insufficient to support Wenseslada Reyes-Moya's consp
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215 F.2d 847·
D.C. Cir.·
1954-07-08
·cited 22×
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150 F.2d 788·
2d Cir.·
1945-07-17
·cited 20×
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746 F.2d 908·
1st Cir.·
1984-09-28
·cited 18×
The court held that the evidence was sufficient for conviction, and most of the defendant's challenges to the conviction and restitution order were without merit, except for the $18,000 loan which was not sufficiently proven to be caused by the offense.
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246 F.2d 781·
8th Cir.·
1957-07-16
·cited 16×
Knowledge by an employee of a prime contractor that the government contracts are cost-plus is not an essential element of the offenses of conspiracy or receiving prohibited payments under 41 U.S.C.A. §§ 51, 52, and 54.
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956 F.2d 1388·
7th Cir.·
1992-02-27
·cited 14×
The court held that the evidence was sufficient to support a finding of a single conspiracy and that the district court did not err in admitting co-conspirator statements, jury instructions, tape recordings, transcripts, or evidence of prior marijuana conspiracy and imprisonment.
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42 Fla. 212·
Fla.·
1900-01-01
·cited 14×
Mose Roberson was convicted of murder and appealed on grounds including denial of a change of venue and alleged defects in the indictment, particularly that it failed to allege the place of death. The Florida Supreme Court affirmed the conviction, holding that while the indictmen
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849 F.2d 723·
2d Cir.·
1988-06-10
·cited 12×
The court held that the jury instructions and evidence presented constructively amended the indictment, potentially convicting the defendant of an offense other than that charged by the grand jury.
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628 F.2d 1273·
10th Cir.·
1980-08-15
·cited 12×
The court held that the jury instructions on aiding and abetting were proper and that there was sufficient evidence to support the conviction, affirming the sentence.
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354 So. 2d 125·
Fla. 3d DCA·
1978-01-24
·cited 10×
The court held that insufficient proof of ownership of the burglarized structure is a material element that requires a new trial.
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962 F.2d 263·
2d Cir.·
1992-05-06
·cited 8×
The court held that a conspiracy to kidnap qualifies as a crime of violence under 18 U.S.C. § 924(c)(1), and that the prosecutor's summation did not impermissibly amend the indictment.
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235 F.2d 821·
D.C. Cir.·
1956-06-21
·cited 8×
The court held that the appellant was properly convicted for willfully failing to produce records as directed by a Senate subcommittee subpoena, as he was clearly apprised of the demand despite his objections.
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975 F.2d 490·
8th Cir.·
1992-09-14
·cited 4×
The court held that the defendants' convictions were supported by sufficient evidence and that the trial court did not err in denying mistrial or severance motions, nor in its jury instructions or sentencing calculations.
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803 F.2d 318·
7th Cir.·
1986-10-09
·cited 4×
The court held that the seditious conspiracy statute does not violate the treason clause, the defendant was not selectively prosecuted, the evidence was properly admitted, and the jury instructions were correct.
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925 F.2d 1170·
9th Cir.·
1991-02-12
·cited 2×
The court held that a defendant claiming ineffective assistance of counsel must show prejudice, and that the evidence was sufficient to convict the defendant of aiding and abetting mail fraud.
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M.D. Fla.·
2021-04-19
The court held that the petitioner's claims of ineffective assistance of counsel were without merit, as the record contradicted his allegations and his appellate counsel was not deficient for failing to raise weak arguments.
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986 F.2d 57·
4th Cir.·
1993-01-29
The court held that a variance in an indictment that goes to form, not substance, does not violate a defendant's constitutional rights if the defendant is adequately informed of the charges and protected against double jeopardy. The court also held that allowing the government to
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970 F.2d 1539·
6th Cir.·
1992-07-29
The majority opinion condoned trying a defendant on charges not made in the indictment, which is a violation of federal constitutional law.
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362 F.2d 965·
D.C. Cir.·
1966-05-26
The court held that the trial court erred in allowing a jury instruction that converted a statement previously represented as exculpatory into an admission, potentially affecting the fairness of the trial regarding the Mallory issue.