Beyond A Reasonable Doubt

1,099 Florida cases classified under this topic · sorted by citation count

• Giddens v. State
  322 So. 3d 745· Fla. 1st DCA· 2021-06-22
  The appellate court affirmed a defendant's convictions for first-degree murder and attempted robbery, finding that while the prosecutor improperly asked the defendant if state witnesses were lying, this error was harmless beyond a reasonable doubt. The court determined the error
• S. S. v. State
  Fla. 2d DCA· 2021-06-11
  The appellate court reversed a delinquency adjudication for trespass, finding the state failed to prove the notice element of the offense. Specifically, the court held that evidence of a fence alone was insufficient without proof of its height to establish statutory notice requir
• Zuelly v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2021-03-05
  The court held that the applicant's federal claims were unexhausted and procedurally defaulted because they were not fairly presented as federal issues in state court, and no exceptions applied to overcome the default.
• Shawl v. State
  Fla. 5th DCA· 2020-12-03
  Richard Shawl was convicted of methamphetamine possession after a jury trial. He appealed on five grounds, challenging the sufficiency of evidence, the exclusion of a witness, admission of a jail phone call, deputy testimony, and admission of evidence of uncharged drug crimes. Th
• L.A.T. v. State
  Fla. 5th DCA· 2020-06-18
  L.A.T., a juvenile, was adjudicated delinquent for discharging a firearm in public and possessing a firearm. The appellate court reversed the firearm discharge conviction, finding insufficient evidence that the discharge occurred on a public road or over occupied premises as requ
• Palmer v. Sec'y, Dep't of Corr. (Polk County)
  M.D. Fla.· 2020-05-04
  James Palmer, convicted of sexual battery and other crimes, appealed his federal habeas corpus petition challenging his conviction on multiple grounds of ineffective assistance of counsel and constitutional violations. The District Court for the Middle District of Florida denied
• Corry Mency v. State
  Fla. 1st DCA· 2019-06-12
  The trial court did not err in ruling on the defendant's self-defense immunity claim, and any error at the immunity hearing was mooted by the proper jury instruction and full litigation of the self-defense claim at trial. The defendant's argument that the trial court failed to as
• In & of New Castle Cnty.
  Del. Fam. Ct.· 2019-05-15
  The Court affirmed the Commissioner's ruling, finding that the evidence supported the convictions for Endangering the Welfare of a Child and Child Abuse in the Third Degree. The Court held that the State met its burden of proof for child abuse by demonstrating intentional inflict
• Antinarelli v. State
  268 So. 3d 1002· Fla. 5th DCA· 2019-04-26
  A trial court may find a probation violation based on conduct for which the defendant was acquitted in a criminal trial because the preponderance of the evidence standard in probation proceedings is lower than the beyond-a-reasonable-doubt standard in criminal cases.
• Jones v. State
  266 So. 3d 1272· Fla. 5th DCA· 2019-03-22
  Collateral estoppel does not bar prosecution for felon-in-possession of a firearm when the defendant's acquittal on a murder-with-firearm charge could have been based on alternative grounds (such as lack of evidence connecting the firearm to the shooting) rather than necessarily
• Dedominicis v. State
  267 So. 3d 422· Fla. 4th DCA· 2019-03-20
  Competent substantial evidence existed to support conviction where the mother testified the defendant was "much over 18," and the jury could observe him in court, surveillance video, and a photo lineup, providing sufficient circumstantial evidence of his age beyond a reasonable d
• Bret Mayo v. Kerry Mayo O/ B/ O Natalie Gracyn Mayo and Madeline Olivia Mayo
  260 So. 3d 497· Fla. 2d DCA· 2018-12-07
  Bret Mayo appeals an indirect criminal contempt conviction for violating an injunction. The Second District Court of Appeal reversed, finding that the contempt proceedings violated Florida Rule of Criminal Procedure 3.840 in multiple fundamental respects.
• Williams v. State
  Fla.· 2018-04-19
  The trial court properly denied Williams's motion for judgment of acquittal because the evidence was equivocal and presented a credibility question for the jury regarding whether the altercation began as a robbery attempt or in self-defense. The Court quashed the sentencing affir
• London v. State
  240 So. 3d 746· Fla. 4th DCA· 2018-03-07
  Appellant was convicted of multiple charges related to an armed burglary committed with co-defendant Eric Mobley. Appellant appeals his convictions challenging the admissibility of a video recording of statements he made to a confidential informant and other trial issues. The app
• In & for New Castle Cnty.
  Del. C.P.· 2017-07-27
  The Court found the defendant guilty of Resisting Arrest. The Court held that the activation of police lights during a traffic stop does not, by itself, communicate an intent to detain all occupants of the vehicle. However, the defendant's subsequent flight into a residence and r
• IN & FOR NEW Castle Cnty. G--- M------
  Del. Fam. Ct.· 2017-02-06
  The Court reversed the adjudication of delinquency and the denial of the motion to suppress. The Court held that the Commissioner erred in denying the motion to suppress without a fact-finding hearing, as there were disputed facts regarding the defendant's Miranda waiver. Further
• Brown
  Del. Super. Ct.· 2017-01-09
  The appellate court affirmed the trial court's judgment, holding that sufficient evidence supported the DUI conviction and that participation in Pennsylvania's ARD program constituted a "prior offense" for sentencing enhancement purposes under Delaware law. The court found no Six
• ASH v. State
  200 So. 3d 183· Fla. 5th DCA· 2016-07-01
  Bernard Ash appeals his conviction for selling a controlled substance within 1000 feet of a public housing facility. The trial court denied his motion for judgment of acquittal, and the appellate court affirmed, holding that the State presented sufficient evidence that the proper
• Jhavon Goode
  Del.· 2016-04-04
  The Delaware Supreme Court affirmed the Superior Court's judgment, holding that the Due Process Clause does not require a preliminary inquiry into the reliability of an eyewitness identification when the identification was not procured under unnecessarily suggestive circumstances
• Maxwell v. State
  170 So. 3d 915· Fla. 3d DCA· 2015-07-29
  Daniel Maxwell was convicted of second-degree murder in the beating death of Mark Brantho-over. On appeal, Maxwell challenged the trial court's denial of his motion to suppress post-Miranda exculpatory statements made to Detective Godoy on August 7, 2010, arguing they were tainte
• M.P. v. State
  170 So. 3d 912· Fla. 3d DCA· 2015-07-22
• Monbesir v. State
  166 So. 3d 897· Fla. 4th DCA· 2015-06-03
  Florida appellate court affirmed conviction for attempted first-degree murder and domestic aggravated assault where defendant doused ex-girlfriend with gasoline and ignited it, finding sufficient evidence of premeditated intent to kill and harmless error in voice message testimon
• Sheriff Morris Young v. State
  209 So. 3d 4· Fla. 1st DCA· 2015-04-22
  Sheriff Young sought a writ of prohibition to stop indirect criminal contempt proceedings alleging his jail furlough program violated bond orders. The court affirmed the trial court's denial of the motion to dismiss, finding that the state attorney's allegations, if proven, could
• Wood v. State
  153 So. 3d 984· Fla. 5th DCA· 2015-01-02
• L.V. v. State
  147 So. 3d 680· Fla. 3d DCA· 2014-10-10
• M.K. v. State
  143 So. 3d 428· Fla. 4th DCA· 2014-07-09
  M.K., a juvenile, appeals his conviction for first-degree petit theft of a Gucci necklace, arguing the state failed to prove the property's value exceeded $100. The court agreed, finding the victim's testimony insufficient under the two-pronged test for establishing property valu
• Sec. & Exch. Comm'n v. City of Miami
  1992 WL 157280· S.D. Fla.· 2013-12-27
  The court found that the complaint sufficiently alleged false or misleading statements, materiality, and scienter to survive a motion to dismiss for the securities fraud claims.
• Calhoun v. State
  138 So. 3d 349· Fla.· 2013-10-31
  Johnny Mack Sketo Calhoun was convicted of first-degree murder and kidnapping in the death of Mia Chay Brown, whose remains were found burnt in her car in Alabama. The Florida Supreme Court affirmed his death sentence, rejecting challenges to the trial court's evidentiary rulings
• C.G. v. State
  123 So. 3d 680· Fla. 5th DCA· 2013-10-18
  C.G., a minor, was convicted of first-degree petit theft for stealing a cell phone valued at $100-$300. The court vacated the conviction, finding the evidence insufficient to prove the phone's value exceeded $100, and remanded for entry of a second-degree petit theft conviction i
• F.Q. v. State
  98 So. 3d 783· Fla. 4th DCA· 2012-10-17
  The court held that the State failed to prove the juvenile possessed the specific baggie containing marijuana, either actually or constructively, thus reversing the adjudication of delinquency.
• Knox v. State
  98 So. 3d 679· Fla. 4th DCA· 2012-10-03
  Timothy Knox was convicted of three counts of robbery with a firearm after the trial court allowed videotaped testimony from an out-of-state victim who claimed economic hardship prevented her travel to Florida. The appellate court reversed, holding that economic hardship alone, w
• J.R. v. State
  99 So. 3d 427· Fla.· 2012-08-30
  The Florida Supreme Court vacated a juvenile's delinquency adjudication for trespassing on school grounds under section 810.097(2), holding that the State must prove the warning individual was a designee of the school principal as an essential element of the offense. The trial co
• Kelsch
  Del. Super. Ct.· 2012-08-03
  The Superior Court dismissed in part and affirmed in part the convictions from the Court of Common Pleas. The court held that it lacked appellate jurisdiction over certain convictions because the imposed sentences did not meet the jurisdictional threshold. For the convictions ove
• Lopez v. State
  76 So. 3d 1068· Fla. 4th DCA· 2011-12-21
  Louis Lopez appealed his convictions for aggravated assault, burglary with assault, attempted felony murder, and shooting a deadly missile, challenging the denial of a juror challenge for cause and claiming ineffective assistance of counsel for failure to object to an out-of-cour
• Hall v. State
  69 So. 3d 1119· Fla. 3d DCA· 2011-09-28
• J.P.H. v. Fla. Dep't OF Child. & Families
  39 So. 3d 560· Fla. 1st DCA· 2010-07-23
  The appellate court affirmed the trial court's judgment of paternity, finding the father's arguments regarding custody and child support calculations to be premature, and also found the father's appeal of attorney's fees to be premature.
• White v. State
  40 So. 3d 879· Fla. 3d DCA· 2010-07-21
  Gary White appeals his conviction for residential burglary based on a palm print found at the crime scene. The Florida Third District Court of Appeal affirmed the conviction, rejecting White's argument that testimony about the palm print's direction and the likelihood of finding
• Brown v. State
  32 So. 3d 779· Fla. 2d DCA· 2010-04-30
  Angela Brown was convicted of driving under the influence with property damage after a multi-car collision. The appellate court reversed her conviction on the DUI property damage charge because the State failed to present evidence proving the damaged truck belonged to someone oth
• Toth v. State
  21 So. 3d 116· Fla. 5th DCA· 2009-10-30
• Folden v. State
  16 So. 3d 849· Fla. 5th DCA· 2009-05-22
  The court held that the State failed to prove the defendant's prior license suspension for refusing a breath test, which is a required element for conviction.
• Sterling Villages of Palm Beach Lakes Condo. Ass'n v. Rivernider
  15th Cir. Ct. App. Div.· 2009-04-07
  The trial court held a condominium owner in contempt and imposed a $2,552 flat fine plus escalating daily sanctions for allegedly tampering with a tenant's air conditioning unit to avoid a garnishment order. The appellate court reversed, holding that the court improperly imposed
• Rosette Smith Hedges v. State
  9th Cir. Ct. App. Div.· 2009-04-06
  Rosette Smith Hedges appealed her conviction for improper change of lane or course, arguing the evidence was insufficient to prove the violation beyond a reasonable doubt. The appellate court affirmed the trial court's conviction, finding that Hedges failed to provide an adequate
• Lamkin v. State
  5 So. 3d 1· Fla. 2d DCA· 2008-10-22
  Kenneth Lamkin appealed the denial of his Rule 3.850 postconviction motion alleging ineffective assistance of counsel. The court affirmed seven claims but reversed and remanded on claim 3, holding that the trial court abused its discretion by denying the facially insufficient cla
• McClinton v. McNeil
  615 F. Supp. 2d 1310· M.D. Fla.· 2008-09-19
  The court held that the petitioner was not entitled to federal habeas relief because the state court's adjudications of his claims were not contrary to, nor an unreasonable application of, clearly established federal law, and were not based on an unreasonable determination of the
• Mills v. State
  989 So. 2d 732· Fla. 1st DCA· 2008-09-04
  The court held that the upward departure sentence was imposed based on facts neither pled nor found by the jury beyond a reasonable doubt, and this error was not harmless.
• United States v. Vander Luitgaren
  556 F. Supp. 2d 1313· M.D. Fla.· 2008-06-05
  The court held that the presentation of exculpatory immunized evidence to the grand jury did not violate the defendant's Fifth Amendment rights, and any potential error was harmless.
• Carrin v. State
  980 So. 2d 604· Fla. 1st DCA· 2008-05-05
  On remand from the Florida Supreme Court, the First District Court of Appeal reversed Raymond Carrin's conviction for aggravated assault on a law enforcement officer and remanded for a new trial on the lesser charge of culpable negligence, holding that section 924.34 cannot allow
• Hepfer v. State
  976 So. 2d 668· Fla. 2d DCA· 2008-03-19
  Hepfer was convicted of attempted second-degree murder with discharge of a firearm, burglary, grand theft, and firearm-related charges. The appellate court reversed the conviction for count V (use of a firearm in commission of a felony) because the trial court's written judgment
• Breaux v. State
  965 So. 2d 1286· Fla. 2d DCA· 2007-10-17
  The court held that a conceded scoresheet error was harmless because the trial court would have imposed the same sentence regardless of the error.
• Dahl
  Del.· 2007-05-15
  The Delaware Supreme Court reversed the Superior Court's conviction, holding that the State failed to present sufficient evidence to prove beyond a reasonable doubt that the dance academy was a 'school' as defined by statute. The court found that evidence of one teacher instructi