CITICORP VENTURE CAPITAL, LTD.
v.
COMMITTEE OF CREDITORS HOLDING UNSECURED CLAIMS ET AL.

U.S. | 2003-10-06
No. 02-1842
540 U.S. 825 Supreme Court of the United States (2003) Positive Treatment
Cited by 3 cases

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  • Inquiry Concerning a Judge re Robert F. Diaz, 908 So. 2d 334 (Fla. 2005)
    …iscipline”). On review of the JQC’s findings entered following a formal hearing, our task is “to ensure that there is ‘clear and convincing evidence’ to support the alleged ethical violations.” In re Kinsey, 842 So. 2d 77, 85 (Fla.), cert. denied, 540 U.S. 825, 124 S.Ct. 180, 157 L.Ed.2d 47 (2003). In reviewing cases in which the JQC and the judge execute a stipulation, we have the same broad authority. As JQC rules recognize, when the parties execute a stipulation, it will be sent “directly to the Supr…
  • Inquiry Concerning a Judge, 903 So. 2d 902 (Fla. 2005)
    …ations of the JQC great weight, ‘the ultimate power and responsibility in making a determination rests with this Court.’ ” In re Kinsey, 842 So. 2d 77, 85 (Fla.) (footnote omitted) (quoting In re Davey, 645 So. 2d 398, 404 (Fla.1994)), cert. denied, 540 U.S. 825, 124 S.Ct. 180, 157 L.Ed.2d 47 (2003). Accordingly, we re [*904] view the findings to ensure that there is “clear and convincing evidence” to support the alleged ethical violations. — a standard of proof which has been described as “more than a ‘pre…
  • United States v. Byrd, 403 F.3d 1278 (11th Cir. 2005)
    …jury’s verdict, as to the first two counts, was against the weight of the evidence. We review the district court’s denial of a motion for a new trial for abuse of discretion. United States v. Anderson, 326 F. 3d 1319, 1326 (11th Cir.), cert. denied, 540 U.S. 825, 124 S.Ct. 178, 157 L.Ed.2d 46 (2003). As summarized above, there is ample evidence to support the jury’s verdict. Accordingly, the district court did not abuse its discretion in denying Byrd’s motion for a new trial. AFFIRMED. . There are few deci…

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