Burden-Shifting Presumption

16 Florida cases classified under this topic · sorted by citation count · browse and sort

• 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.
• 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. Hazime
  762 F.2d 34· 6th Cir.· 1985-05-07 ·cited 31×
  The court held that the district court's pretrial detention order must be remanded because the district court failed to clarify whether it treated the statutory presumption of flight as evidentiary or burden-shifting, and the government's position on this issue was also unclear.
• United States v. Crowder
  719 F.2d 166· 6th Cir.· 1983-10-13 ·cited 16×
  The court held that the defendant's statement after being informed of his rights was not a waiver of his right to remain silent and should not have been introduced by the government.
• Warfel v. Universal Ins. Co. of N. Am.
  36 So. 3d 136· Fla. 2d DCA· 2010-05-12 ·cited 12×
  Michael Warfel appeals the denial of his sinkhole insurance claim, challenging a jury instruction that created a presumption favoring the insurer's expert report. The court reversed, holding that the statutory presumption in section 627.7073(1)(c) affects only the burden of produ
• United States v. Thoma
  713 F.2d 604· 10th Cir.· 1983-08-01 ·cited 12×
  The court held that the jury instruction on intent created a permissive presumption, not a conclusive or burden-shifting one, and that the refusal to give a specific cautionary instruction on eyewitness identification was not reversible error.
• Rivera v. Coombe
  683 F.2d 697· 2d Cir.· 1982-06-29 ·cited 12×
  The dissenting judge argues that the majority opinion incorrectly upholds a jury instruction on intent that violates the Supreme Court's precedent in Sandstrom v. Montana.
• Nelson v. Solem
  640 F.2d 133· 8th Cir.· 1981-01-30 ·cited 6×
  The court held that the jury instruction regarding premeditated design constituted a permissive inference, not a burden-shifting presumption, and therefore did not violate due process.
• Bonnett v. Solem
  640 F.2d 125· 8th Cir.· 1981-01-30 ·cited 6×
  The court held that the jury instruction did not create an unconstitutional presumption, thus the petitioner's due process rights were not violated.
• Gunn v. Lanson Newsome
  851 F.2d 1294· 11th Cir.· 1988-08-08 ·cited 4×
• Adamson v. R.J. Reynolds Tobacco Co.
  325 So. 3d 887· Fla. 4th DCA· 2021-07-21 ·cited 2×
  In this Engle progeny wrongful death action, Julie Adamson, as personal representative of her mother Jacklyn Adamson's estate, appealed a jury verdict in favor of R.J. Reynolds Tobacco Company. The court affirmed the judgment, holding that the trial judge properly included an adv
• Fitzgerald v. Thompson
  943 F.2d 463· 4th Cir.· 1991-08-26 ·cited 2×
  The court affirmed the district court's dismissal of the habeas corpus petition, finding no error in the conviction or sentencing.
• In re Standard Jury Instructions IN Civil Cases-Report NO. 15-01
  192 So. 3d 1183· Fla.· 2016-04-21
  The Florida Supreme Court approved amendments to four existing standard jury instructions and authorized a new instruction on failure to maintain evidence or keep records. This administrative decision addresses how juries should be instructed on evidence loss, medical negligence,