Beyond A Reasonable Doubt

1,106 Florida cases classified under this topic, plus 13 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• United States v. Karavias
  170 F.2d 968· 7th Cir.· 1948-11-30 ·cited 56×
  A general sentence imposed on multiple counts is valid if the punishment does not exceed the maximum for any single count and the evidence supports conviction on at least one count. A trial court may direct the probation service not to conduct a presentence investigation.
• Murphy v. State
  511 So. 2d 397· Fla. 4th DCA· 1987-07-29 ·cited 55×
  Charles Murphy was convicted of trafficking in cocaine based on drugs found in a passenger seat of a vehicle he briefly occupied. The Florida Fourth District Court of Appeal reversed, finding the state failed to prove constructive possession and that improper comments on the defe
• Richardson v. State
  247 So. 2d 296· Fla.· 1971-04-21 ·cited 55×
  James Richardson was convicted of murdering his stepdaughter and five other children by poisoning them with parathion insecticide. The Florida Supreme Court affirmed the conviction and death sentence, addressing multiple appellate challenges including claims regarding the lack of
• Eizenman v. State
  132 So. 2d 763· Fla. 3d DCA· 1961-09-11 ·cited 55×
  Ray Eizenman was convicted of grand larceny for appropriating $7,845.59 from her employer, Inter-City Finance Corporation, by signing a check on the corporation's account. On appeal, she challenged the sufficiency of evidence regarding felonious intent and actual deprivation of f
• Bradford v. State
  460 So. 2d 926· Fla. 2d DCA· 1984-11-30 ·cited 54×
  Bruce Allen Bradford was convicted by jury of first-degree murder and arson in the death of Brenda Clark. He appeals the admission of bite-mark identification testimony and the denial of his motion for judgment of acquittal. The appellate court affirms the convictions, finding th
• Tilden N. Engle v. Koehler
  707 F.2d 241· 6th Cir.· 1983-05-09 ·cited 54×
  Jury instructions that could have shifted the burden of proof on malice and intent to the defendant are unconstitutional under Sandstrom v. Montana and are not harmless error when the defense is lack of mens rea.
• Stevens v. United States
  440 F.2d 144· 6th Cir.· 1971-03-22 ·cited 54×
  The court held that the phrase 'in commerce or affecting commerce' modifies 'transports,' 'receives,' and 'possesses' in 18 U.S.C. § 1202(a)(1), requiring proof of such commerce for conviction.
• Emil Richard Yates v. United States
  316 F.2d 718· 10th Cir.· 1963-04-29 ·cited 54×
  The court held that the lower court did not err in denying the motion without a hearing because the record conclusively showed the appellant was not entitled to relief, and his constitutional rights were not violated.
• United States v. Galloway
  976 F.2d 414· 8th Cir.· 1992-09-17 ·cited 52×
  The court held that U.S.S.G. § 1B1.3(a)(2) is authorized by statute and does not violate constitutional rights, allowing consideration of uncharged conduct in sentencing.
• State v. Cohen
  568 So. 2d 49· Fla.· 1990-09-27 ·cited 52×
  The Florida Supreme Court affirmed a lower court's decision striking down portions of Florida's witness tampering statute (§§ 914.22(1)(a) and 914.22(3)) as unconstitutional for shifting the burden of proof to defendants and being unconstitutionally vague. The Court held that the
• United States v. Isom
  886 F.2d 736· 4th Cir.· 1989-10-04 ·cited 52×
  A jury's acquittal on one count does not prevent the sentencing court from considering the underlying facts of that acquitted conduct to enhance the sentence for a conviction on a related count, provided those facts are undisputed.
• Jackson v. State
  545 So. 2d 260· Fla.· 1989-06-08 ·cited 52×
  Douglas Jackson appeals his convictions for multiple murders and kidnapping and death sentences from his third trial for the 1981 murders of five victims in a burned vehicle. The Florida Supreme Court reverses and remands due to improper cross-examination allowing testimony of Ja
• Ortagus v. State
  500 So. 2d 1367· Fla. 1st DCA· 1987-01-06 ·cited 52×
  James Ortagus was convicted of manslaughter with a firearm in the shooting death of Ferman Fowler at a pizza restaurant parking lot. The Florida Court of Appeal reversed and remanded for a new trial, finding reversible error in the trial court's failure to instruct the jury on ju
• Bisaccia v. The Attorney Gen. of the State of N.J.
  623 F.2d 307· 3d Cir.· 1980-06-12 ·cited 52×
  The court held that using a co-conspirator's guilty plea as evidence of a defendant's guilt violates the Sixth Amendment right to confrontation.
• United States v. West
  511 F.2d 1083· 3d Cir.· 1975-02-25 ·cited 52×
  The dissenting judge believes the majority opinion is contrary to Masciale and unduly inhibits the fact finder's competence regarding entrapment.
• Levine v. State
  650 So. 2d 666· Fla. 4th DCA· 1995-02-15 ·cited 51×
  Alan Levine appeals a contempt of court order and $500 fine imposed by Judge Goldstein for allegedly disobeying an order prohibiting negative impeachment during cross-examination. The Fourth District reversed, finding the trial court erred in denying Levine's motion to disqualify
• United States v. Horsun Howard
  506 F.2d 1131· 2d Cir.· 1974-11-15 ·cited 50×
  The court held that a jury conviction for bank robbery cannot stand if the jury was not adequately instructed on the essential elements of the crime, even if there was ample evidence.
• Stanley v. United States
  245 F.2d 427· 6th Cir.· 1957-05-22 ·cited 50×
  The court held that the evidence was sufficient to support the convictions for conspiracy and violating the Federal Train Wreck Act, and that no reversible error occurred during the trial.
• Tatum Duke v. State
  106 Fla. 205· Fla.· 1932-07-15 ·cited 50×·via Guilt Beyond A Reasonable Doubt
  Tatum Duke was convicted of manslaughter in the negligent and intoxicated operation of an automobile resulting in the death of Hiram Wilkinson. The Florida Supreme Court reversed and remanded for a new trial because the trial court admitted irrelevant and immaterial evidence rega
• Albritton v. State
  32 Fla. 358· Fla.· 1893-06-01 ·cited 50×·via Guilt Beyond A Reasonable Doubt
  This case reviews a conviction for larceny where the appellant, Henry Albritton, was charged as a principal in the second degree for aiding and abetting his co-defendant, Andrew Albritton. The appellate court affirmed the conviction, finding no reversible error in the trial court
• United States v. Mentz
  840 F.2d 315· 6th Cir.· 1988-02-22 ·cited 49×
  The court held that although the jury instruction regarding FDIC coverage was erroneous, the error was harmless because the defense did not genuinely contest coverage and focused on alibi.
• Polizzi v. United States
  550 F.2d 1133· 9th Cir.· 1976-04-07 ·cited 49×
  The court held that defendants' claims regarding in camera juror interrogations and indictment validity were either previously decided, procedurally barred, or lacked merit. The court affirmed the denial of their motions to vacate sentences.
• United States v. Frederick
  897 F.2d 490· 10th Cir.· 1990-02-28 ·cited 48×
  The court held that the trial court did not err in using uncharged criminal activity, proven by a preponderance of the evidence, to calculate the defendant's sentence under the federal sentencing guidelines, and that the 1988 guideline revisions were a permissible clarification o
• The United States v. Hilmer Burdette Sandini
  816 F.2d 869· 3d Cir.· 1987-04-01 ·cited 48×
  The court held that the district court erred by barring the defendant from testifying in the forfeiture proceedings, requiring a new trial on that issue. However, the court upheld the constitutionality of the statutory presumption and the preponderance of the evidence standard fo
• United States v. Cicale
  691 F.2d 95· 2d Cir.· 1982-10-07 ·cited 48×
  The court held that the trial court erred in considering certain hearsay statements as 'verbal acts' to satisfy the Geaney standard for Cicale's conviction.
• United States v. Cooper
  567 F.2d 252· 3d Cir.· 1977-11-29 ·cited 48×
  The court held that the evidence presented was insufficient to prove beyond a reasonable doubt that the defendant was a member of the conspiracy to possess marijuana with intent to distribute.
• United States v. Bright
  550 F.2d 240· 5th Cir.· 1977-04-07 ·cited 48×
  The court held that the evidence was insufficient to support the jury's verdict of guilty against the defendant for conspiracy to import marijuana.
• Wesson v. United States
  172 F.2d 931· 8th Cir.· 1949-03-03 ·cited 48×
  The court held that the circumstantial evidence presented was insufficient to sustain a conviction for narcotic law violations, as it was equally consistent with innocence.
• Diaz v. State
  860 So. 2d 960· Fla.· 2003-09-11 ·cited 47×
  Joel Diaz was convicted of the first-degree murder of Charles Shaw and sentenced to death. The Florida Supreme Court affirmed the conviction and death sentence, striking the heinous, atrocious, or cruel (HAC) aggravating factor as harmless error but upholding the cold, calculated
• United States v. Strauss
  678 F.2d 886· 11th Cir.· 1982-06-11 ·cited 47×
  The court held that the trial court's jury instructions and admission of coconspirator statements were not reversible error, and the evidence was sufficient to support the convictions.
• United States v. Platenburg
  657 F.2d 797· 5th Cir.· 1981-10-01 ·cited 47×
  The government failed to adduce sufficient evidence that the bank was insured by the FDIC at the time of the offense, an essential element of the crime charged.
• Cunningham v. State
  385 So. 2d 721· Fla. 3d DCA· 1980-07-01 ·cited 47×
  Frank Cunningham was convicted of manslaughter after shooting a victim during a struggle over a shotgun at a dice game. The appellate court affirmed the conviction, finding the evidence legally sufficient to support the jury's verdict, but reversed the sentencing condition that i
• United States v. Cross
  916 F.2d 622· 11th Cir.· 1990-11-01 ·cited 46×
  The quantity of marijuana is not an essential element of conspiracy to possess with intent to distribute or possession with intent to distribute, and thus need not be alleged in the indictment or proven to the jury beyond a reasonable doubt.
• Eutzy v. State
  541 So. 2d 1143· Fla.· 1989-03-28 ·cited 46×
  William Eutzy, a death row inmate, appealed the trial court's denial of his second Rule 3.850 motion to vacate his conviction and death sentence for first-degree murder. The Florida Supreme Court affirmed the denial, holding that all claims were procedurally barred either because
• United States v. Udey
  748 F.2d 1231· 8th Cir.· 1984-11-07 ·cited 46×
  The court held that there was insufficient evidence to convict Edwin Udey of harboring or conspiring to harbor a fugitive, as the prosecution failed to prove beyond a reasonable doubt that Udey knew of the federal warrant or affirmatively cooperated in the conspiracy.
• Clark v. State
  443 So. 2d 973· Fla.· 1983-12-22 ·cited 46×
  Larry Clark appeals his conviction for first-degree murder and death sentence in connection with a 1981 robbery and shooting deaths in Tampa. The Florida Supreme Court affirms both the conviction and sentence, rejecting Clark's evidentiary and constitutional challenges.
• United States v. Giangrosso
  779 F.2d 376· 7th Cir.· 1985-12-13 ·cited 44×
  The evidence presented was insufficient to prove beyond a reasonable doubt that the delivered package contained cocaine.
• Johnson v. State
  465 So. 2d 499· Fla.· 1985-02-14 ·cited 44×
  Daniel Johnson was convicted of first-degree murder in the 1981 killing of Jacqueline Propster and sentenced to death. The Florida Supreme Court upheld the conviction and death sentence, rejecting Johnson's contentions regarding jury composition, territorial jurisdiction, jury in
• A.A. v. State
  461 So. 2d 165· Fla. 3d DCA· 1984-12-04 ·cited 44×
  An experienced law enforcement officer's opinion testimony, based on sensory perceptions and circumstances of seizure, is sufficient to identify a substance as marijuana beyond a reasonable doubt.
• Hill v. State
  422 So. 2d 816· Fla.· 1982-07-15 ·cited 44×
  James Hill was convicted of first-degree murder in the death of twelve-year-old Rosa Lee Parker and sentenced to death. The Florida Supreme Court affirmed, holding that electronic surveillance of a backyard conversation with an informant does not violate Florida's privacy protect
• United States v. Ragsdale
  438 F.2d 21· 5th Cir.· 1971-01-29 ·cited 44×
• Ferguson v. State
  593 So. 2d 508· Fla.· 1992-02-06 ·cited 43×
  John Errol Ferguson, sentenced to death for eight murders, appealed his conviction and sentences seeking postconviction relief under Florida Rule of Criminal Procedure 3.850. The Florida Supreme Court affirmed the denial of relief, rejecting claims of ineffective assistance of co
• United States v. Pollock
  926 F.2d 1044· 11th Cir.· 1991-03-15 ·cited 43×
  The court held that the stop was lawful, consent to search was valid, and prior conviction evidence was admissible to prove intent. However, the evidence was insufficient to prove a continuous course of conduct for the Travel Act conviction.
• United States ex rel. Johnnie L. Savory v. Lane
  832 F.2d 1011· 7th Cir.· 1987-10-30 ·cited 43×
  The court held that even though constitutional errors occurred during the trial, they were harmless beyond a reasonable doubt because the evidence of guilt was overwhelming.
• United States v. DeROSA
  670 F.2d 889· 9th Cir.· 1982-03-04 ·cited 43×
  The court held that the evidence was sufficient to sustain convictions for RICO and narcotics violations, and that the trial court did not err in denying severance motions or in its rulings on other claims.
• Dietz v. Warden
  640 F.2d 126· 8th Cir.· 1981-01-30 ·cited 43×
  A jury instruction creating a burden-shifting presumption of intent violates due process and requires federal habeas relief, even if not objected to at trial, provided the petitioner can show cause for the failure to object.
• United States v. Odell Marshall
  532 F.2d 1279· 9th Cir.· 1976-03-24 ·cited 43×
  The court held that the trial court did not abuse its discretion in denying severance, informant disclosure, discovery requests, or in admitting prior convictions and prior bad acts evidence. Jury instructions were also found to be proper.
• McKee v. State
  159 Fla. 794· Fla.· 1947-12-09 ·cited 43×
  Howard McKee was convicted of rape and sentenced to life imprisonment after a jury trial. The Florida Supreme Court affirmed the conviction, rejecting his arguments that the prosecutrix's testimony was incredible due to her delayed initial reporting and refusal of medical examina
• United States v. LaFATCH
  565 F.2d 81· 6th Cir.· 1977-09-02 ·cited 42×
  The District Court properly held that the state court judgment was res judicata and ordered the seized money returned to LaFatch.
• Tippett v. State OF Md.
  436 F.2d 1153· 4th Cir.· 1971-01-04 ·cited 42×
  The court affirmed the District Court's dismissal of petitions, holding that the Maryland Defective Delinquents Act, as applied, does not violate petitioners' constitutional rights.