Witness Competency

316 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Rutherford v. Moore
  774 So. 2d 637· Fla.· 2000-10-12 ·cited 433×
  Arthur Dennis Rutherford, a death row inmate, petitioned for habeas corpus relief claiming his appellate counsel was constitutionally ineffective. The Florida Supreme Court denied relief, finding that appellate counsel's performance was not deficient because the claims Rutherford
• United States v. Martino
  648 F.2d 367· 5th Cir.· 1981-06-19 ·cited 217×
  The court held that the Racketeer Influenced and Corrupt Organizations Act (RICO) is constitutional and that the indictment, charges, and joint trial were proper. Convictions were sustained.
• Addie Irene Catlett v. Chestnut
  107 Fla. 498· Fla.· 1933-01-02 ·cited 117×
  Addie Irene Catlett sought to establish her widow status and claim dower rights in B.S. Catlett's estate, but the lower court invalidated her prior divorce decree from Charles Lenz on collateral attack, holding it void due to defective constructive service. The Florida Supreme Co
• Henderson v. United States
  218 F.2d 14· 6th Cir.· 1955-01-11 ·cited 112×
  A prosecutor's expression of personal belief in the defendant's guilt, especially when coupled with intimations that the jury has a duty to convict, constitutes reversible error.
• Fla. Power & Light Co. v. Robinson
  68 So. 2d 406· Fla.· 1953-11-17 ·cited 107×
  Florida Power & Light Company appealed a jury verdict of $225,360 in favor of Calvin Robinson, an employee of an independent contractor hired to remove and replace power poles, who was injured when a deteriorated pole snapped while he was working on it. The Supreme Court held tha
• United States v. Brady
  579 F.2d 1121· 9th Cir.· 1978-06-20 ·cited 88×
  The court affirmed the convictions, holding that there was sufficient evidence to support the jury's findings of causation and intent, that the consolidation and denial of severance were not prejudicial, that the Bruton rule did not apply, and that the jury selection plan was not
• Bisno v. United States
  299 F.2d 711· 9th Cir.· 1961-11-21 ·cited 84×
  The court held that the trial court's refusal to give a jury instruction regarding the defendant's wife's failure to testify, while potentially an error, was harmless in light of the overwhelming evidence.
• Annibelle Jackson and Henry N. Jackson v. Parker
  153 Fla. 622· Fla.· 1943-10-29 ·cited 81×
  Jackson v. Parker concerns a purchase-money mortgage on a house in Ocala, Florida. The mortgagors, the Jacksons, purchased the property from the Monroes and signed a promissory note on the back of the mortgage after it was recorded. The key issue was whether a release of the mort
• United States v. Buddy Joe Barnard
  490 F.2d 907· 9th Cir.· 1973-12-10 ·cited 77×
  The court held that venue was proper in the Southern District of California for all counts, and that the trial court did not abuse its discretion in evidentiary rulings regarding witness competency, credibility, and discovery.
• United States v. Binder
  769 F.2d 595· 9th Cir.· 1985-08-22 ·cited 75×
  The court held that the district judge did not abuse his discretion in replaying videotaped testimony or admitting expert testimony regarding children's ability to discern truth from fantasy.
• United States v. Hilton Benn, Jr.
  476 F.2d 1127· D.C. Cir.· 1972-12-01 ·cited 72×
  The court held that defense counsel's decision not to call the examining physician was a calculated tactical judgment, not ineffective assistance of counsel, and affirmed convictions except for one under 22 D.C. Code § 502.
• Killingsworth v. State
  90 Fla. 299· Fla.· 1925-09-30 ·cited 72×
  Charles C. Killingsworth was convicted as an accessory before and after the fact to a bank robbery committed by James T. Albury Jr. and George B. White. On appeal, the Florida Supreme Court affirmed the conviction, rejecting arguments about insufficient evidence, witness competen
• Lott M. Ballard v. State
  31 Fla. 266· Fla.· 1893-01-01 ·cited 72×
  Lott M. Ballard was convicted of manslaughter for the killing of Charles Shafer in a joint trial with Lawrence Ballard (who was acquitted). The Florida Supreme Court affirmed the conviction, rejecting Ballard's challenges to the joint trial, denial of continuance, exclusion of a
• United States v. Tannuzzo
  174 F.2d 177· 2d Cir.· 1949-04-11 ·cited 68×
  The court held that evidence was sufficient to convict Dellaratta and Tannuzzo for the substantive offense and conspiracy, but Vespole's conspiracy conviction was reversed due to insufficient proof of knowledge of interstate transport. The court also affirmed convictions for Fels
• United States v. Mills
  597 F.2d 693· 9th Cir.· 1979-05-25 ·cited 67×
  The court held that the issue of vindictive sentencing could not be considered on appeal because the appellant relied on an affidavit not included in the record and failed to comply with Federal Rule of Appellate Procedure 10(c).
• Pereira v. United States
  202 F.2d 830· 5th Cir.· 1953-03-11 ·cited 65×
  The court held that the indictment was not duplicitous, the offenses were distinct, the victim was competent to testify, and the statutory language regarding causing transportation was correctly interpreted.
• The S. Life Ins. & Tr. Co.
  4 Fla. 359· Fla.· 1852-01-01 ·cited 65×
  The Southern Life Insurance and Trust Company appealed from a decree denying foreclosure of a bond and mortgage executed by Charles Cole. The Florida Supreme Court held that the bond and mortgage were invalid for lack of delivery and consideration, affirming the decree as Cole ha
• United States v. Evans
  484 F.2d 1178· 2d Cir.· 1973-09-19 ·cited 64×
  The court held that the eyewitness identification testimony was admissible, and the trial court's failure to give a specific cautionary instruction on eyewitness identification was not reversible error.
• Lowe v. State
  2 So. 3d 21· Fla.· 2008-11-06 ·cited 63×
  The Florida Supreme Court affirmed the trial court's denial of relief on most postconviction claims filed by Rodney Lowe, a death row inmate convicted of first-degree murder, but reversed in part by ordering a new penalty phase based on newly discovered evidence and ineffective a
• Keech v. State
  15 Fla. 591· Fla.· 1876-01-01 ·cited 63×
  Mary Ann Keech was convicted as an accessory before the fact to murder based on a defective indictment and an improperly constituted grand jury. The Florida Supreme Court reversed and remanded, finding multiple procedural errors including that the grand jury was illegally compose
• Ozzie Batchelor v. Hoyt C. Cupp
  693 F.2d 859· 9th Cir.· 1982-11-29 ·cited 62×
  The court held that while the petitioner failed to exhaust state remedies by not presenting his claims to the Oregon Supreme Court, federal review is permissible because no state remedies are currently available and the default was not a deliberate bypass. The court also affirmed
• Stephan v. United States
  133 F.2d 87· 6th Cir.· 1943-02-06 ·cited 62×
  The court held that the indictment was sufficient and that there was substantial evidence to support the conviction for treason, denying the motion for a directed verdict.
• Sanderson's Administrators v. Sanderson
  17 Fla. 820· Fla.· 1880-06-01 ·cited 62×
  This case involves a suit by Marion H. Sanderson, widow and heir of intestate John P. Sanderson, and her infant daughter against the administrators of the estate for mismanagement and accounting. The Florida Supreme Court addressed complex issues of estate administration, partner
• Angrand v. KEY
  657 So. 2d 1146· Fla.· 1995-06-22 ·cited 58×
  The Florida Supreme Court resolved a conflict between district courts regarding the admissibility of expert testimony on grief and bereavement in wrongful death cases. The Court held that while trial courts have broad discretion to admit such expert testimony, it must genuinely a
• United States v. Grady James Maner
  611 F.2d 107· 5th Cir.· 1980-02-04 ·cited 58×
  The court held that the introduction of an FDIC certificate of insurance, along with testimony about its public display and statutory requirements for insured banks, was sufficient evidence for a reasonable jury to infer that the bank was FDIC insured on the date of the robbery.
• Alphonso Haworth v. Norris
  28 Fla. 763· Fla.· 1891-06-01 ·cited 54×
  The Florida Supreme Court affirmed the dismissal of a bill in equity seeking to remove a cloud on title to land, holding that parol evidence cannot be used to make an absolute deed conditional, and that the complainant lacked equitable jurisdiction because he had a legal remedy a
• United States v. Garner
  581 F.2d 481· 5th Cir.· 1978-10-05 ·cited 52×
  The court held that an affidavit supporting a search warrant based on hearsay from informants can establish probable cause if it indicates circumstances from which the informant concluded evidence was present and that the informant was reliable. The court also held that a defenda
• Singleton v. State
  38 Fla. 297· Fla.· 1896-06-01 ·cited 52×
  Harry Singleton was convicted of first-degree murder and sentenced to death. The Florida Supreme Court reversed and ordered a new trial because the trial court improperly admitted testimony from a witness who had been disqualified by statute due to a prior larceny conviction, and
• Gilbert v. State
  817 So. 2d 980· Fla. 4th DCA· 2002-05-29 ·cited 50×
  The court held that the owner's testimony providing only approximate costs of stolen items, without further evidence of market value or condition, was insufficient to prove the value exceeded $300 for grand theft.
• Jackson v. United States
  250 F.2d 897· 5th Cir.· 1958-01-07 ·cited 50×
  The court held that admitting a spouse's testimony against the defendant without her consent, and admitting the defendant's silence as an admission, were errors requiring reversal.
• Ward v. State
  83 Fla. 311· Fla.· 1922-02-23 ·cited 47×
  George Ward was convicted of perjury for allegedly giving false testimony in a larceny trial that he had been offered a bribe. The Florida Supreme Court affirmed the conviction, holding that the indictment was sufficiently specific and the evidence met the two-witness corroborati
• United States v. Solomon Fried
  386 F.2d 691· 2d Cir.· 1967-12-04 ·cited 46×
  An order directing a witness to answer questions in a pending action is not immediately appealable until the witness risks contempt.
• United States v. Adalberto Cervantes-Pacheco
  826 F.2d 310· 5th Cir.· 1987-08-21 ·cited 44×
  The dissenting judges believe the contingent fee depended on case outcome and testimony quality, and that the Williamson rule is vital for judicial integrity.
• United States v. Killian
  524 F.2d 1268· 5th Cir.· 1975-12-29 ·cited 44×
  The court held that the admissibility of Rowell's post-conspiracy statements against him was proper, and while the prosecutor's opening statement about a confession was improper, it was not reversible error due to the lack of a timely objection and the overwhelming evidence again
• United States v. Lutwak
  195 F.2d 748· 7th Cir.· 1952-01-03 ·cited 44×
  The court held that wives are competent witnesses against their husbands in criminal prosecutions, based on modern interpretations of common law principles and Federal Rule of Criminal Procedure 26, and alternatively, that the prima facie invalidity of the marriages justified adm
• Madison v. Robinson
  95 Fla. 321· Fla.· 1928-02-22 ·cited 44×
  This ejectment suit concerns title to a house and lot in Pensacola, with the Robinsons claiming as heirs under Robinson's formal marriage to Nannie Quarles, and Madison claiming as heir under his prior common law marriage to Eliza Washington. The court reversed the trial court's
• Cross v. State
  89 Fla. 212· Fla.· 1925-03-02 ·cited 43×
  James Cross was convicted of manslaughter for the December 1923 killing of Philip P. Lord. On appeal, Cross challenged several trial rulings, primarily objecting to the trial judge's order directing the sheriff to compel his counsel to sit down during jury voir dire and attacking
• United States v. Fidencio Saenz
  747 F.2d 930· 5th Cir.· 1984-11-13 ·cited 42×
  The court held that the evidence was sufficient to support the convictions for conspiracy and vote buying, and that while some prosecutorial remarks were improper, they did not rise to the level of reversible error.
• United States v. Forrest Gerry, Jr.
  515 F.2d 130· 2d Cir.· 1975-03-28 ·cited 42×
  The court affirmed the convictions, finding that the appellants' claims of error regarding sufficiency of evidence, witness competency, prejudicial references, and evidentiary rulings were unsubstantiated.
• Whiting v. United States
  296 F.2d 512· 1st Cir.· 1961-11-24 ·cited 42×
  The admission of hearsay testimony regarding the defendant's alleged reputation as a narcotics dealer, offered to prove predisposition in an entrapment defense, was prejudicial error.
• United States v. Hyson
  721 F.2d 856· 1st Cir.· 1983-11-23 ·cited 40×
  There was sufficient evidence to support the jury's verdict against Gomes for his involvement in the drug conspiracy.
• Johnson v. State
  64 Fla. 321· Fla.· 1912-06-01 ·cited 39×
  The Florida Supreme Court affirmed a first-degree murder conviction, holding that a defendant cannot escape liability if their dangerous act causes death, even if subsequent medical treatment or mismanagement contributes to the fatality. The court also addressed several evidentia
• W.R. Grace & Company-Conn. v. Pyke
  661 So. 2d 1301· Fla. 3d DCA· 1995-11-01 ·cited 37×
  In this asbestos personal injury case, the Florida Third District Court of Appeal affirmed the jury verdict finding W.R. Grace and Owens-Corning Fiberglas liable for negligence but reversed and remanded the $810,000 award for loss of future earning capacity as excessive and unsup
• United States v. Devin
  918 F.2d 280· 1st Cir.· 1990-11-06 ·cited 36×
  The court held that evidence of BPD regulations was admissible under Rule 404(b) to show intent and knowledge, and that the delayed disclosure of a witness's psychiatric history did not prejudice the defendant.
• Thomas v. State
  73 Fla. 115· Fla.· 1917-01-26 ·cited 36×
  Bertha Thomas was convicted as an accessory before the fact to manslaughter after her co-defendant was convicted of murder in the first degree. She challenged the conviction on the ground that an accessory must be convicted of the same degree of offense as the principal. The Flor
• Edwards v. Rives
  35 Fla. 89· Fla.· 1895-01-01 ·cited 35×
  The appellate court reversed a lower court's decree for specific performance of a land sale contract. The court found the plaintiff's testimony regarding the contract was inadmissible and the evidence presented about the lost contract was insufficient to establish its terms.
• The Orange Belt Ry. Co. v. Craver
  32 Fla. 28· Fla.· 1893-06-01 ·cited 35×
  The Orange Belt Railway Company challenged a jury's appraisal of land damages in a condemnation proceeding for a railroad right-of-way, arguing the jury's methodology was flawed and the award excessive. The Florida Supreme Court affirmed the lower court's confirmation of the jury
• Hawk v. State
  718 So. 2d 159· Fla.· 1998-09-17 ·cited 34×
  Robert T. Hawk was convicted of first-degree murder and attempted first-degree murder in the brutal bludgeoning deaths of an elderly deaf couple. The Florida Supreme Court affirmed the convictions and the consecutive thirty-year sentence for attempted murder, but vacated the deat
• United States v. Fountain
  840 F.2d 509· 7th Cir.· 1988-02-22 ·cited 34×
  The court affirmed the conviction, holding that the district court did not err in dismissing the indictment without prejudice under the Speedy Trial Act and that alleged errors in grand jury proceedings were harmless after a petit jury conviction.
• United States v. Strahl
  590 F.2d 10· 1st Cir.· 1978-12-26 ·cited 33×
  The court held that the attorney-client privilege did not protect the identity of a client who paid legal fees with a stolen note, and that the trial court did not err in admitting evidence of counterfeit notes or in denying motions related to delayed Jencks Act disclosures.