Witness Competency

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

• Jacksonville v. Lockwood
  33 Fla. 573· Fla.· 1894-01-01 ·cited 22×
  The Jacksonville, Tampa & Key West Railway Company unlawfully constructed a railroad track on the Lockwoods' property in Palatka Heights without compensation or consent. The court held that the Lockwoods, as owners of the fee to the center of the street, could recover the entire
• Gov't of the Virgin Islands v. Edinborough
  625 F.2d 472· 3d Cir.· 1980-06-09 ·cited 20×
  The failure to sequester a witness, as required by Federal Rule of Evidence 615, is not reversible error unless the defendant demonstrates prejudice resulting from the failure.
• United States v. Heinlein
  490 F.2d 725· D.C. Cir.· 1973-10-11 ·cited 20×
  The court held that the trial court erred in preventing defense counsel from arguing that the stabbing was outside the scope of the felony, thus reversing the felony-murder convictions for the Walker brothers. The court also vacated Heinlein's death sentence due to Furman v. Geor
• United States v. Butler
  481 F.2d 531· D.C. Cir.· 1973-06-27 ·cited 20×
• United States v. Ashe
  427 F.2d 626· D.C. Cir.· 1970-05-12 ·cited 20×
  The court held that the trial judge erred by failing to implement protective procedures when raising the insanity defense sua sponte, which prejudiced the defendant's case on the merits.
• Wilton A. Ross v. State
  202 So. 2d 582· Fla. 1st DCA· 1967-09-26 ·cited 20×
  Wilton Ross was convicted of breaking and entering an automobile with intent to commit a misdemeanor. On appeal, he challenged the trial court's admission of testimony from his wife describing a physical act—delivering a stolen sweater to her—arguing this constituted privileged s
• Allstate Ins. Co. v. Doody
  193 So. 2d 687· Fla. 3d DCA· 1967-01-17 ·cited 20×
  Allstate Insurance Company appealed a jury verdict for the policyholder's widow and injured minor son on an insurance coverage dispute. The court reversed because the trial judge improperly excluded testimony from Allstate's agent and business records under the Dead Man's Statute
• Herman v. United States
  220 F.2d 219· 4th Cir.· 1955-03-07 ·cited 20×
  The court held that the evidence was sufficient to support the conviction for transporting stolen property in interstate commerce, and that the trial court did not err in admitting certain evidence or in its jury instructions.
• Cincinnati Belote v. O'Brian's Administrator
  20 Fla. 126· Fla.· 1883-06-01 ·cited 20×
  Cincinnati Belote sued the administrator of John M. O'Brian's estate for $606 in medicines, liniments, plasters, and sewing services provided to the deceased during his lifetime. The Florida Supreme Court reversed the trial referee's judgment for the defendant, holding that the r
• Mohumman Iqbal Zabrani v. Riveron
  495 So. 2d 1195· Fla. 3d DCA· 1986-09-23 ·cited 18×
  Mohumman Zabrani sought insurance proceeds from his wife's death, but her parents (the Riverons) challenged his entitlement, alleging he murdered her with his girlfriend Iris Monroy. The trial court granted summary judgment for the Riverons based on Monroy's sworn confession impl
• United States v. Dair Renee Banks & Darnell Williams
  520 F.2d 627· 7th Cir.· 1975-07-23 ·cited 18×
  The court held that while the trial court erred in precluding all inquiry into the informers' drug use during trial, this error was harmless. The court also held that extrinsic evidence of drug use by one informer was inadmissible due to privilege and lack of foundation.
• United States v. Pascual Guana-Sanchez
  484 F.2d 590· 2d Cir.· 1973-07-18 ·cited 18×
  The court held that the warrantless arrest of the defendant was unreasonable under the Fourth Amendment, and evidence obtained thereafter was inadmissible as fruit of the poisonous tree.
• United States v. Miles
  445 F.2d 974· 5th Cir.· 1971-06-02 ·cited 18×
  The court held that the warrantless search of the defendants' automobile was justified by probable cause, and the exclusion of a co-defendant's testimony was harmless error.
• Provident Tradesmens Bank & Tr. Co. v. Lumbermens Mut. Cas. Co. & George M. Patterson
  365 F.2d 802· 3d Cir.· 1966-08-30 ·cited 18×
  The court held that the absence of an 'indispensable' party, Dutcher, was not a jurisdictional defect requiring dismissal, especially after trial, and that the jury's factual determination regarding permission should be preserved.
• Robinson v. United States
  308 F.2d 327· D.C. Cir.· 1962-08-30 ·cited 18×
  The court held that the trial judge did not err in allowing the prosecution to impeach its own witness under D.C. Code § 14-104 after the witness gave testimony inconsistent with a prior statement, and that the witness's subsequent testimony, with recollection refreshed, was prop
• Duling v. Markun
  231 F.2d 833· 7th Cir.· 1956-04-11 ·cited 18×
  The court held that plaintiffs did not waive their right to object to the competency of defendant Markun to testify regarding transactions with the deceased, Jack Marks, by taking his deposition under the Federal Rules of Civil Procedure for discovery purposes.
• Brown v. United States
  152 F.2d 138· D.C. Cir.· 1945-12-03 ·cited 18×
• Habig v. Bastian
  117 Fla. 864· Fla.· 1935-01-04 ·cited 18×
  This case addresses whether former testimony given at a prior trial can be admitted at a second trial when the opposing party has since died and is represented by an executor. The Florida Supreme Court holds that former testimony given under oath, with full cross-examination oppo
• Harris v. The Bank of Jacksonville & Maxfield & Co.
  22 Fla. 501· Fla.· 1886-06-01 ·cited 18×
  Harris challenged a bill of exchange accepted by him, claiming the payee location was added after his acceptance without authority. The Florida Supreme Court affirmed the lower court's decree, holding that Harris was incompetent to testify about the alleged alteration due to a de
• Zoda v. Hedden
  596 So. 2d 1225· Fla. 2d DCA· 1992-04-10 ·cited 17×
  Henry Zoda challenges a summary judgment quieting title in real property that was the subject of a divorce property settlement agreement. The court reversed the summary judgment, finding that the Peters failed to support their motion with competent evidence as required by Florida
• Nat'l Labor Relations Bd. v. Houston Distrib. Servs., Inc.
  573 F.2d 260· 5th Cir.· 1978-05-19 ·cited 17×
  The court held that the Board did not err in amending the complaint to include Southwest, that substantial evidence supported the finding of anti-union animus in refusal to hire and discharge, and that Southwest was a successor employer with a duty to bargain.
• United States v. Crosby
  462 F.2d 1201· D.C. Cir.· 1972-05-10 ·cited 17×
  The court held that the trial judge abused discretion by refusing to subpoena and examine a key witness's hospitalization records, which were relevant to his competency.
• Stone v. Citizens State Bank
  64 Fla. 456· Fla.· 1912-06-01 ·cited 17×
  Frank Stone's estate administrator sued a bank to recover $835 allegedly deposited by the deceased but never withdrawn. The bank's defense was that the deceased's sister, Mrs. Carpenter, acted as the deceased's agent and withdrew the entire sum by check before his death. The Supr
• Jairo Diaz and Delsy Diaz v. Wells Fargo Bank, N.A.
  189 So. 3d 279· Fla. 5th DCA· 2016-04-08 ·cited 16×
  Homeowners appealed a foreclosure judgment, challenging the trial court's admission of loan records and arguing the lender failed to comply with mortgage notice requirements and federal regulations. The Fifth District Court of Appeal affirmed the foreclosure, holding that the len
• WAY v. Dugger
  568 So. 2d 1263· Fla.· 1990-09-06 ·cited 16×
  Fred Lewis Way was convicted of murder for killing his wife and daughter and sentenced to death. The Florida Supreme Court affirmed his conviction but vacated his death sentence due to improper jury instructions in the penalty phase that failed to inform the jury it could conside
• United States v. Stout
  599 F.2d 866· 8th Cir.· 1979-06-11 ·cited 16×
  The court held that the defendant's statements were admissible, the denial of a psychiatric examination was not an abuse of discretion, and hearsay objections were properly overruled.
• United States v. Hughes
  411 F.2d 461· 2d Cir.· 1969-05-26 ·cited 16×
  The court held that the use of a co-conspirator's prior trial testimony was permissible, and that the North Carolina blackmail statute, when used in conjunction with the Travel Act, covered threats based on out-of-state criminal acts.
• Jackson v. Beto
  388 F.2d 409· 5th Cir.· 1968-01-15 ·cited 16×
  The court held that the trial judge's private examination of a witness did not violate the defendant's constitutional rights, and the sheriff's dual role as witness and jury custodian did not deny a fair trial.
• Konstantinos Volianitis v. Immigr. & Naturalization Serv.
  352 F.2d 766· 9th Cir.· 1965-11-05 ·cited 16×
  The court held that the former wife's testimony was admissible in the deportation hearing because the divorce removed any bar of incompetency, and the marital privilege did not extend to her testimony regarding the sham marriage.
• Spitzer v. Stichman
  278 F.2d 402· 2d Cir.· 1960-05-11 ·cited 16×
  The court held that the district court did not err in approving the reorganization plan, finding that the debtor was insolvent and the maximum potential value of its assets was insufficient to satisfy creditors, thus excluding stockholders.
• O'Shea v. Jewel TEA Co., Inc.
  233 F.2d 530· 7th Cir.· 1956-05-21 ·cited 16×
• Crockett v. Casssels
  116 So. 865· Fla.· 1928-05-01 ·cited 16×
  The court held that depositions were inadmissible because the commissioners who administered the oaths to the witnesses had not first taken their own oaths of office. This failure to qualify rendered the witnesses incompetent to testify via deposition.
• Coatney v. State
  61 Fla. 19· Fla.· 1911-01-01 ·cited 16×
  Noah Coatney was convicted of second-degree murder and appealed, challenging the trial court's exclusion of dying declarations. The Florida Supreme Court affirmed the conviction, holding that while the initial exclusion of one dying declaration was erroneous, the court's subseque
• Hinson v. State
  59 Fla. 20· Fla.· 1910-01-01 ·cited 16×
  H. F. Hinson was convicted of grand larceny in Duval County and appealed, arguing that the trial court improperly excluded character witness testimony regarding his reputation for honesty and integrity. The Florida Supreme Court reversed, holding that witnesses with sufficient co
• Louisville & Nashville R.R. Co. v. Jones
  50 Fla. 225· Fla.· 1905-06-01 ·cited 16×
  In this wrongful death action stemming from a railroad accident, the Florida Supreme Court affirmed a jury verdict against the Louisville & Nashville Railroad Company. The case addresses the admissibility of evidence regarding the railroad's negligent operation, the competency of
• Addabelle Disbro v. Eldon L. Boyce C.T.A. of the Estate of Lulu Bell Reif
  124 So. 2d 756· Fla. 3d DCA· 1960-11-28 ·cited 15×
  The Florida District Court of Appeal clarified that Florida's "dead man's statute" does not prevent heirs or survivors from testifying as adverse witnesses when called by the personal representative of a deceased person's estate. The court held that the statute's protective purpo
• Sconyer v. Scheper
  119 So. 2d 408· Fla. 2d DCA· 1960-02-10 ·cited 15×
  Three minor children injured in an automobile collision sued the drivers and owners of other vehicles involved in the accident. The trial court granted summary judgment for the defendants based on medical testimony regarding one plaintiff's competency to testify and a finding of
• Wooldridge v. State
  49 Fla. 137· Fla.· 1905-01-01 ·cited 15×
  Wooldridge was convicted of forging a school warrant in his capacity as county superintendent of public instruction. On appeal, the Florida Supreme Court upheld the conviction despite 56 assignments of error, holding that a school warrant could be the subject of forgery, handwrit
• Kennedy v. State
  59 So. 3d 376· Fla. 4th DCA· 2011-05-04 ·cited 14×
  Valerie Kennedy was convicted of aggravated manslaughter and aggravated child abuse in the death of her three-year-old son from scalding burns. The Fourth District reversed the aggravated child abuse conviction due to fundamental error in the jury instruction on 'maliciously,' bu
• Rhue v. State
  603 So. 2d 613· Fla. 2d DCA· 1992-07-31 ·cited 14×
  The court held that the motion for postconviction relief set forth a prima facie showing of entitlement to relief on four claims, requiring further proceedings.
• United States v. Vinton Bedonie and Thomas Cly
  913 F.2d 782· 10th Cir.· 1990-08-24 ·cited 14×
  The court held that the federal arson statute (18 U.S.C. § 81) includes motor vehicles and that the district court had jurisdiction to try the defendants for arson-murder under federal law, even though the indictment did not specifically reference § 81. The court also found no pl
• Dyrone Gilley v. State
  422 So. 2d 358· Fla. 1st DCA· 1982-11-24 ·cited 14×
• Bickford v. John E. Mitchell Co.
  595 F.2d 540· 10th Cir.· 1979-03-26 ·cited 14×
  The court held that the trial court did not err in its interpretation of the contract regarding royalty calculations and patent rights, nor in denying a new trial or attorney's fees.
• United States ex rel. Nelson Miner v. Erickson
  428 F.2d 623· 8th Cir.· 1970-06-05 ·cited 14×
  The court held that the petitioner did not make an intelligent and understanding waiver of his right to counsel due to his limited capacity and lack of comprehension of the charges and defenses.
• Brunner v. United States
  168 F.2d 281· 6th Cir.· 1948-06-01 ·cited 14×
  The court held that a wife is not a competent witness against her husband in federal criminal trials, and her testimony alone is insufficient for conviction.
• Ex parte Beville
  58 Fla. 170· Fla.· 1909-06-01 ·cited 14×
  The Florida Supreme Court held that a wife may be compelled to testify against her husband in both civil and criminal cases where he is a party, rejecting her claim of privilege to remain silent. The court determined that Florida's statutes had abolished both the common law disqu
• Willam B. Hooker v. Johnson
  6 Fla. 730· Fla.· 1856-03-01 ·cited 14×
  This is a covenant action on a contract between Hooker and Johnson regarding a crop-sharing arrangement on a Hillsborough County farm. The Supreme Court of Florida addresses evidentiary issues regarding witness competency, the admissibility of merchant's books, and the proper jur
• Waltzer v. Transidyne Gen. Corp.
  697 F.2d 130· 6th Cir.· 1983-01-03 ·cited 13×
  The court held that the trial court erred by prohibiting an attorney of record from testifying and by ruling that the defendant admitted the accuracy of stock summaries under Rule 36. The case is remanded for a new trial.
• Fabiano Laragione v. Hagan
  195 So. 2d 246· Fla. 2d DCA· 1967-02-08 ·cited 13×
  The court affirmed a jury's award of $15,000 in a wrongful death action, finding no error in the trial court's refusal to allow evidence of damages for loss of care and support when such damages were not specifically pleaded.
• Storrs v. Storrs
  23 Fla. 274· Fla.· 1887-01-01 ·cited 13×
  Ellen F. Storrs sued to prevent the sale of a steam tug boat under execution against her husband's debt, claiming it was her separate property. The Florida Supreme Court reversed the lower court's decree, holding that Ellen failed to meet the strict burden of proof required to es