Consciousness Of Guilt

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

• Straight v. State
  397 So. 2d 903· Fla.· 1981-03-19 ·cited 297×
  Ronald Straight was convicted of first-degree murder and sentenced to death for the kidnapping, torture, and murder of James Stone in a robbery scheme. The Florida Supreme Court affirmed the conviction and death sentence, rejecting challenges to venue, photograph admissibility, e
• Sireci v. State
  399 So. 2d 964· Fla.· 1981-04-09 ·cited 278×
  Sireci was convicted of first-degree murder and sentenced to death for killing the owner of a used car lot during a robbery or theft attempt. The Florida Supreme Court affirmed the conviction and death sentence, rejecting multiple constitutional and procedural challenges to the t
• Jackson v. State
  575 So. 2d 181· Fla.· 1991-01-18 ·cited 277×
  Clinton Jackson was convicted of armed robbery and first-degree murder in the death of a hardware store owner during a robbery. The Florida Supreme Court affirmed the convictions but vacated the death sentence, finding insufficient evidence of the culpable mental state required u
• Grossman v. State
  525 So. 2d 833· Fla.· 1988-02-18 ·cited 256×
  Martin Grossman was convicted of first-degree murder for killing Wildlife Officer Margaret Park during an armed confrontation in Pinellas County, Florida. The Florida Supreme Court affirmed his conviction and death sentence, addressing eighteen issues on appeal including constitu
• United States v. Myers
  550 F.2d 1036· 5th Cir.· 1977-04-15 ·cited 245×
  The court held that the district court committed reversible error by refusing to strike the testimony of alibi rebuttal witnesses whose identities were not disclosed prior to trial, and by admitting evidence of a prior bank robbery for identification purposes.
• England v. State
  940 So. 2d 389· Fla.· 2006-05-25 ·cited 211×
  Richard England was convicted of first-degree murder and sentenced to death for the brutal beating death of Howard Wetherell in July 2001. The Florida Supreme Court affirmed his conviction and death sentence, rejecting fourteen appellate claims including challenges to photographi
• Larzelere v. State
  676 So. 2d 394· Fla.· 1996-03-28 ·cited 198×
  Virginia Gail Larzelere was convicted of first-degree murder and sentenced to death for orchestrating the murder of her husband, a dentist, to collect life insurance. The Florida Supreme Court affirmed both the conviction and the death sentence, finding sufficient evidence of pre
• Special v. W. Boca Med. Ctr.
  160 So. 3d 1251· Fla.· 2014-11-13 ·cited 194×
  The Florida Supreme Court clarified the test for harmless error in civil appeals, holding that the beneficiary of an error must prove there is no reasonable possibility the error contributed to the verdict. Applying this test, the Court reversed a medical malpractice judgment and
• Heath v. State
  648 So. 2d 660· Fla.· 1994-10-20 ·cited 180×
  Ronald Heath, sentenced to death for the first-degree murder of Michael Sheridan committed during an armed robbery in 1989, appeals his conviction and death sentence. The Florida Supreme Court affirms both the conviction and the death sentence, finding no reversible error in the
• Duest v. Dugger
  555 So. 2d 849· Fla.· 1990-01-18 ·cited 172×
  Lloyd Duest was convicted of first-degree murder and sentenced to death. The Florida Supreme Court reviewed his petition for habeas corpus and appeal from denial of postconviction relief, rejecting his claims that undisclosed evidence, a vacated prior conviction, and ineffective
• United States v. Dardi
  330 F.2d 316· 2d Cir.· 1964-03-17 ·cited 170×
  The court held that the evidence was sufficient to support the jury's verdict of guilt for conspiracy and substantive counts related to the sale of unregistered securities and market manipulation.
• Occhicone v. State
  570 So. 2d 902· Fla.· 1990-10-11 ·cited 159×
  Dominick Occhicone appeals his convictions for two counts of first-degree murder and death sentence imposed for killing his former girlfriend's parents. The Florida Supreme Court affirms both the convictions and the death sentence, finding the evidence sufficient and rejecting al
• United States v. Friedman
  445 F.2d 1076· 9th Cir.· 1971-06-08 ·cited 154×
  The court held that the evidence was sufficient to support the conspiracy conviction, that severance motions were properly denied, that joinder of counts was proper, and that jury instructions regarding unanimity and attorney-client privilege were adequate.
• Austin v. United States
  382 F.2d 129· D.C. Cir.· 1967-06-16 ·cited 139×
  The court held that the evidence was insufficient to support a first-degree murder conviction due to a lack of premeditation and deliberation, but sufficient for second-degree murder.
• Rhodes v. State
  547 So. 2d 1201· Fla.· 1989-07-06 ·cited 138×
  Richard Wallace Rhodes was convicted of first-degree murder and sentenced to death for the 1984 strangulation of Karen Nieradka in Florida. The Florida Supreme Court affirmed the conviction but remanded for a new sentencing hearing due to multiple errors in the penalty phase, inc
• United States v. Three Hundred Sixty Four Thousand Nine Hundred Sixty Dollars ($364
  661 F.2d 319· 5th Cir.· 1981-11-13 ·cited 137×
  The court held that the government had established probable cause for forfeiture and that the claimant must prove the validity of its standing, including the assignors' interest and the assignment itself.
• United States v. Sutherland
  428 F.2d 1152· 5th Cir.· 1970-04-29 ·cited 134×
  The court denied the government's petition for rehearing, finding that a new legal theory raised on rehearing would not be considered and that the cumulative evidence argument was valid.
• Gregory v. United States
  369 F.2d 185· D.C. Cir.· 1966-07-28 ·cited 130×
  The court held that the joinder of offenses was permissible and the trial court did not abuse its discretion in denying a severance, and that the evidence was sufficient to support the conviction.
• Shellito v. State
  701 So. 2d 837· Fla.· 1997-09-11 ·cited 126×
  Michael Shellito appeals his conviction and death sentence for the first-degree murder of 18-year-old Sean Hathorne, committed during a robbery. The Florida Supreme Court affirms both conviction and sentence, rejecting all guilt-phase and penalty-phase challenges.
• United States v. Ochs
  595 F.2d 1247· 2d Cir.· 1979-03-13 ·cited 124×
  The court held that the search of the briefcase was reasonable under the then-prevailing interpretation of the Fourth Amendment, and the evidence found was admissible.
• United States v. Franks
  511 F.2d 25· 6th Cir.· 1975-02-12 ·cited 116×
  The court held that the joinder of defendants and offenses was proper, and that the admission of evidence, including tape recordings and voiceprint analysis, did not constitute reversible error. The court also found no violation of speedy trial rights or grounds for recusal.
• United States v. Hunter Brooks Brashier
  548 F.2d 1315· 9th Cir.· 1976-12-29 ·cited 114×
  The court affirmed the convictions, finding no reversible error in the trial court's rulings on joinder, admissibility of evidence, jury instructions, or denial of a new trial.
• Escobar v. State
  699 So. 2d 988· Fla.· 1997-07-10 ·cited 113×
  Douglas Escobar was convicted of first-degree murder and sentenced to death for the killing of police officer Victor Estefan. The Florida Supreme Court reversed his convictions and death sentence, finding reversible error in the trial court's granting of the State's motion to rej
• Guerry Wayne HERTZ v. State
  803 So. 2d 629· Fla.· 2001-11-01 ·cited 105×
  Guerry Wayne Hertz was convicted of two first-degree murders and sentenced to death for the execution-style killings of Melanie King and Robin Keith Spears during an armed robbery and arson in Wakulla County, Florida. The Florida Supreme Court affirmed his convictions and death s
• United States v. Covelli
  738 F.2d 847· 7th Cir.· 1984-06-29 ·cited 102×
  The court held that the arrest of Robert Covelli was based on probable cause, and the admission of certain evidence, including details of the murder and prior weapon possession, was not an abuse of discretion. The court affirmed Covelli's convictions.
• Looney v. State
  803 So. 2d 656· Fla.· 2001-11-01 ·cited 101×
  Jason Looney was convicted of two first-degree murders and sentenced to death for his participation in a robbery, burglary, arson, and execution-style killing of two victims in Wakulla County, Florida. On appeal, the Florida Supreme Court affirmed his convictions and death senten
• United States v. Nielsen
  392 F.2d 849· 7th Cir.· 1968-01-30 ·cited 98×
• Spann v. State
  857 So. 2d 845· Fla.· 2003-04-03 ·cited 97×
  Anthony Spann was convicted of first-degree murder for his role in a carjacking and murder committed during a series of felonies. The Florida Supreme Court affirmed both his conviction and death sentence, rejecting challenges to the admission of handwriting evidence, the validity
• Hartley v. State
  686 So. 2d 1316· Fla.· 1996-09-19 ·cited 97×
  Kenneth Hartley was convicted of armed robbery, armed kidnapping, and first-degree murder in the death of a seventeen-year-old victim. The Florida Supreme Court affirmed his convictions and death sentence, finding that while the trial court committed some evidentiary errors and m
• United States v. Peltier
  585 F.2d 314· 8th Cir.· 1978-09-14 ·cited 86×
  The court held that the admission of evidence regarding Peltier's prior attempted murder charge, his flight from law enforcement in Oregon, and weapons found in an exploded vehicle was proper and did not deny him due process or a fair trial.
• United States v. Martino
  759 F.2d 998· 2d Cir.· 1985-04-03 ·cited 84×
  The court held that there was sufficient evidence to support the conviction and that the admission of a prior conviction was not an abuse of discretion.
• United States v. Shively
  715 F.2d 260· 7th Cir.· 1983-08-08 ·cited 82×
  A conviction under 18 U.S.C. § 1014 requires proof that the bank was federally insured at the time of the offense, and a nine-year-old certificate is insufficient evidence. Conspiracy convictions can stand even if the substantive offense was impossible to commit.
• Huggins v. State
  889 So. 2d 743· Fla.· 2004-12-02 ·cited 81×
  John Steven Huggins was convicted of first-degree murder and sentenced to death for the June 10, 1997 murder of Carla Larson in Orange County, Florida. The Florida Supreme Court affirmed both the conviction and death sentence on direct appeal.
• Anderson v. State
  574 So. 2d 87· Fla.· 1991-01-03 ·cited 77×
  Richard Harold Anderson was convicted of first-degree murder in the 1987 killing of Robert Grantham and sentenced to death. The Florida Supreme Court affirmed the conviction and death sentence, rejecting Anderson's claims regarding perjured grand jury testimony, hearsay evidence,
• United States v. Erwin Edward Ballard
  423 F.2d 127· 5th Cir.· 1970-02-25 ·cited 77×
  The court held that out-of-court photographic identifications do not require the presence of counsel, and that the identifications in this case were not impermissibly suggestive. Evidence of escape is admissible to show consciousness of guilt, and a witness's dropped perjury char
• Cortes v. State
  135 Fla. 589· Fla.· 1938-12-16 ·cited 76×
  Jack Cortes was convicted of receiving stolen cigarettes. On appeal to the Florida Supreme Court, Cortes raised nine issues challenging the validity of the information, the admissibility of evidence obtained through improper police conduct, and the trial court's evidentiary rulin
• United States v. Gallagher
  576 F.2d 1028· 3d Cir.· 1978-05-05 ·cited 75×
  The court held that the evidence was sufficient to convict the defendants of conspiracy and substantive offenses related to bank fraud, and that the trial judge's conduct did not constitute reversible error.
• State v. Taylor
  648 So. 2d 701· Fla.· 1995-01-05 ·cited 74×
  The Florida Supreme Court answered a certified question of public importance by holding that a DUI suspect's refusal to submit to pre-arrest field sobriety tests is admissible in evidence at trial, even absent explicit warnings about the consequences of refusal. The Court determi
• Steverson v. State
  695 So. 2d 687· Fla.· 1997-06-12 ·cited 73×
  The Florida Supreme Court reversed Bobby Steverson's conviction and death sentence for the murder of Bobby Lucas, holding that the trial court committed reversible error by admitting extensive and inflammatory evidence of a collateral crime—the shooting of a police officer—which
• United States v. Julita De Parias
  805 F.2d 1447· 11th Cir.· 1986-12-15 ·cited 71×
  The court held that federal jurisdiction existed under the Hobbs Act, and that limitations on cross-examination, admission of photographs, evidence of flight, co-defendant statements, and compelled hair samples were not reversible error.
• United States v. Jenkins
  496 F.2d 57· 2d Cir.· 1974-04-05 ·cited 70×
  The court affirmed convictions for Jenkins, Hall, and Wilcox, finding sufficient evidence and no abuse of discretion in denying severance. The conviction for Morrow was remanded for correction of sentencing form.
• Baugh v. State
  961 So. 2d 198· Fla.· 2007-04-26 ·cited 69×
  The Florida Supreme Court held that when a child victim of sexual abuse completely recants her out-of-court statements at trial and the prosecution presents no eyewitness or physical evidence of abuse, a judgment of acquittal must be granted if the remaining evidence does not act
• United States v. Medina
  755 F.2d 1269· 7th Cir.· 1985-01-30 ·cited 68×
  The court held that the trial court did not err in refusing a voluntary manslaughter instruction and in admitting certain testimony, but that the evidence was insufficient to support Medina's conviction for conveying weapons within the institution.
• Whitfield v. State
  452 So. 2d 548· Fla.· 1984-06-14 ·cited 66×
  The concurring and dissenting opinion agrees with most of the majority's decision but disagrees with affirming points related to a discovery violation concerning the defendant's refusal to submit to fingerprinting and the subsequent jury instruction.
• United States v. Castillo
  615 F.2d 878· 9th Cir.· 1980-03-26 ·cited 66×
  The court held that the deportation of potential witnesses did not violate the defendant's compulsory process rights, and that the admission of certain hearsay statements and comments on the invocation of the privilege against self-incrimination were harmless errors.
• Rothgeb v. United States
  789 F.2d 647· 8th Cir.· 1986-04-30 ·cited 64×
  The court held that a sentence of 210 years for second-degree murder is not within statutory limits and improperly postpones parole eligibility.
• United States v. German Hernandez-Miranda
  601 F.2d 1104· 9th Cir.· 1979-08-07 ·cited 63×
  The court held that the district court did not err in giving a flight instruction, admitting evidence of bond forfeiture, admitting evidence of a prior conviction, or imposing consecutive sentences.
• Mikus v. United States
  433 F.2d 719· 2d Cir.· 1970-11-06 ·cited 62×
  The court held that the trial court did not err in its rulings regarding jury selection, the admission of film evidence, the defendant's privilege against self-incrimination, prejudicial questioning, or the testimony of an INS investigator, and that sufficient evidence supported
• United States v. Rucker
  586 F.2d 899· 2d Cir.· 1978-09-28 ·cited 60×
  The court affirmed the convictions, holding that the trial court did not abuse its discretion in denying severance, admitting prior conviction evidence, or in its jury instructions, and that the evidence was sufficient to support the convictions.
• United States v. Stone
  9 F.3d 934· 11th Cir.· 1993-12-22 ·cited 59×
  The Court affirmed the conviction, holding that any error in giving a deliberate ignorance jury instruction unsupported by sufficient evidence was harmless because the instruction itself required proof beyond a reasonable doubt of deliberate ignorance as a precondition, and the j