Consciousness Of Guilt

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

• United States v. Borders
  693 F.2d 1318· 11th Cir.· 1982-12-10 ·cited 59×
  The court held that the admission of flight evidence and the jury instructions regarding flight and character evidence were not erroneous.
• United States v. Rocha
  916 F.2d 219· 5th Cir.· 1990-10-22 ·cited 58×
  The court affirmed the convictions and sentences, finding no reversible error in the denial of severance motions.
• United States v. Biondo
  483 F.2d 635· 8th Cir.· 1973-08-21 ·cited 57×
  The court held that the evidence was sufficient to support a conviction under the Hobbs Act, and that no fatal variance, Jencks Act violation, or other prejudicial error occurred during the trial.
• Harvey v. State
  529 So. 2d 1083· Fla.· 1988-06-16 ·cited 54×
  Harold Lee Harvey was convicted of two counts of first-degree murder and sentenced to death for killing an elderly couple during a robbery. The Florida Supreme Court affirmed both convictions and death sentences, rejecting Harvey's claims regarding the admissibility of his confes
• Grieco v. Meachum
  533 F.2d 713· 1st Cir.· 1976-04-07 ·cited 54×
  The court held that the petitioners' constitutional rights were not violated by the trial court's evidentiary rulings, failure to sever, or alleged misconduct, and affirmed the dismissal of their habeas corpus petitions.
• United States v. Duvall
  537 F.2d 15· 2d Cir.· 1976-02-26 ·cited 54×
  The court held that statements made by the defendant to Secret Service agents were admissible, but statements made to an Assistant U.S. Attorney should have been suppressed. However, the failure to suppress the latter did not require reversal due to overwhelming independent evide
• DeVORE v. United States
  368 F.2d 396· 9th Cir.· 1966-10-28 ·cited 54×
  It was reversible error to admit evidence of appellants' unauthorized use of a stolen department store credit card, as the prejudice outweighed its probative value.
• United States v. Sidman
  470 F.2d 1158· 9th Cir.· 1972-10-16 ·cited 53×
  The court held that the evidence was sufficient to support the convictions and that the trial court did not commit reversible error in its evidentiary rulings or procedural decisions, including the use of multiple juries.
• United States v. Jordan
  399 F.2d 610· 2d Cir.· 1968-07-30 ·cited 53×
  The court affirmed the convictions, holding that evidence of another crime was admissible to show consciousness of guilt, search warrants were validly obtained, consents to search were voluntary, and discovery rules were not violated.
• United States v. DI Stefano
  555 F.2d 1094· 2d Cir.· 1977-05-16 ·cited 51×
  The court held that the evidence was insufficient to sustain Linda Di Stefano's convictions for conspiracy and aiding and abetting a bank robbery, and that an incorrect jury instruction regarding false exculpatory statements constituted plain error requiring reversal of her convi
• United States v. McKEON
  738 F.2d 26· 2d Cir.· 1984-06-20 ·cited 50×
  The court held that a prior opening statement by defense counsel is admissible against a criminal defendant in a subsequent trial if it constitutes an admission of a party-opponent and meets specific evidentiary standards, and that disqualification of counsel was proper when thei
• United States v. Jackson
  886 F.2d 838· 7th Cir.· 1989-09-25 ·cited 49×
  The Sixth Amendment right to counsel does not extend to a presentence interview with a probation officer, and evidence of a defendant's refusal to comply with a court order to provide handwriting exemplars is admissible under Rule 404(b) as probative of consciousness of guilt.
• United States v. Dixon
  562 F.2d 1138· 9th Cir.· 1977-07-13 ·cited 49×
  The court held that the hearsay statement was improperly admitted under the coconspirator exception as to Dixon.
• United States v. Domenico Bando
  244 F.2d 833· 2d Cir.· 1957-05-13 ·cited 48×
  The court held that flight across state lines to avoid prosecution for a crime is covered by 18 U.S.C. § 1073, even if no formal charge has been filed. It also held that the trial court's jury instructions and evidentiary rulings were not grounds for reversal.
• United States v. Rosa
  705 F.2d 1375· 1st Cir.· 1983-04-11 ·cited 47×
  The court held that the trial court did not err in admitting evidence of a death threat, in its jury instructions on aiding and abetting, or in refusing a special cautionary instruction for a witness with a mental condition.
• United States v. Mohammad Dawood Nusraty
  867 F.2d 759· 2d Cir.· 1989-02-07 ·cited 46×
  The court held that there was insufficient evidence to support the convictions for conspiracy, importation, and possession with intent to distribute, as mere presence at the airport and association with co-conspirators, even with a false exculpatory statement, did not prove knowi
• Weston v. State
  452 So. 2d 95· Fla. 1st DCA· 1984-05-31 ·cited 46×
  The court held that the trial court's failure to make required findings for an extended habitual offender sentence can be raised on appeal even without a contemporaneous objection.
• United States v. Earna Jean Pringle and Harold Elston
  576 F.2d 1114· 5th Cir.· 1978-07-20 ·cited 46×
  The court held that warrantless searches of incoming international mail are constitutionally permissible under 19 U.S.C.A. § 1582 and its regulations, and that the use of a beeper in a package containing contraband is also permissible.
• United States v. DeALESANDRO
  361 F.2d 694· 2d Cir.· 1966-06-07 ·cited 46×
  The court held that the defendant's conviction for attempting to bribe a juror was supported by sufficient evidence and that her trial was not prejudiced by prosecutorial tactics or jury instructions.
• Mervin Brown v. State
  391 So. 2d 729· Fla. 3d DCA· 1980-12-23 ·cited 45×
  Mervin Brown appealed his robbery conviction, arguing that the trial court improperly allowed the State to prove in its case-in-chief that Brown falsely claimed employment as an alibi. The Florida appellate court affirmed, holding that false exculpatory statements are admissible
• United States v. Sutherland
  463 F.2d 641· 5th Cir.· 1972-07-11 ·cited 45×
  The court held that there was sufficient evidence to convict the defendant of conspiracy and robbery, and that the defendant received a fair trial despite claims of judicial bias and prejudicial publicity.
• Dailey v. State
  594 So. 2d 254· Fla.· 1991-11-14 ·cited 44×
  James Dailey was convicted of first-degree murder in the stabbing, strangulation, and drowning of 14-year-old Shelly Boggio and sentenced to death. The Florida Supreme Court affirmed the conviction but reversed the death sentence, finding multiple errors in the penalty phase that
• Merritt v. State
  523 So. 2d 573· Fla.· 1988-04-21 ·cited 44×
  John Edward Merritt was convicted of first-degree murder and armed burglary, and sentenced to death despite a jury's recommendation of life imprisonment. The Florida Supreme Court reversed the conviction, finding that evidence of Merritt's escape in 1985 was erroneously admitted
• 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
• United States v. Robinson
  635 F.2d 981· 2d Cir.· 1980-11-20 ·cited 44×
  The court held that the trial judge's conduct, while imperfect, did not deny the appellants a fair trial, and that the evidence admitted was proper.
• United States v. Pfingst
  477 F.2d 177· 2d Cir.· 1973-04-04 ·cited 44×
  The court affirmed the conviction, finding that while instances of prosecutorial misconduct occurred, they did not cumulatively deprive the appellant of a fair trial due to strong curative instructions and the strength of the evidence.
• United States v. Lord
  565 F.2d 831· 2d Cir.· 1977-11-15 ·cited 42×
  The court held that the district court erred by allowing prejudicial information about a witness's stabbing to be disclosed to the jury venire and by refusing to poll the jury about exposure to prejudicial newspaper articles during the trial.
• United States v. Garnell S. Robinson
  530 F.2d 1076· D.C. Cir.· 1976-02-20 ·cited 42×
  The court held that the trial court did not abuse its discretion in admitting rebuttal testimony to show bias of an alibi witness, and that the admission of prejudicial testimony regarding a threat was within the bounds of the judge's discretion.
• United States v. Rajewski
  526 F.2d 149· 7th Cir.· 1975-12-01 ·cited 42×
  The court held that the denial of severance motions was not an abuse of discretion and that evidentiary rulings were proper, affirming the conviction.
• Gov't of the Virgin Islands v. Fitzgerald Lovell
  378 F.2d 799· 3d Cir.· 1967-05-22 ·cited 42×
  The court held that a preliminary hearing should be held to determine if the appellant's statement was voluntarily given with an intelligent waiver of constitutional rights.
• United States v. Marks
  816 F.2d 1207· 7th Cir.· 1987-04-16 ·cited 41×
  The court held that the admission of prior dealings evidence and the judge's management of cross-examination were not reversible error, and that sufficient evidence supported the convictions.
• United States v. Lowell
  649 F.2d 950· 3d Cir.· 1981-05-08 ·cited 41×
  The court held that the jury could infer continued participation in the conspiracy from post-retirement acts, and that Montalbano's refusal to testify was privileged, thus affirming the conviction.
• United States v. Hudson
  717 F.2d 1211· 8th Cir.· 1983-09-28 ·cited 40×
  The court held that the evidence was sufficient to support the conviction, and the jury instructions regarding aiding and abetting, exculpatory statements, and the refusal of a lesser included offense instruction were proper.
• United States v. Myles E. Billups, Sr.
  692 F.2d 320· 4th Cir.· 1982-10-15 ·cited 40×
  The court affirmed the convictions, finding no reversible error in the jury's verdict, evidentiary rulings, or the trial judge's conduct.
• United States v. Solomon
  688 F.2d 1171· 7th Cir.· 1982-09-22 ·cited 40×
  The court held that evidence of the defendant's flight was admissible, the trial court did not err in denying a mistrial for alleged Brady violations, pre-indictment delay was not grounds for dismissal, and evidence of a civil settlement was properly excluded.
• United States v. Sims
  617 F.2d 1371· 9th Cir.· 1980-04-30 ·cited 40×
  The court held that the evidence was sufficient to convict, the eyewitness identification was proper, the failure to appoint an expert witness was not error, the FBI report was correctly excluded, and the admission of evidence regarding failure to return to a halfway house was pe
• MacKiewicz v. State
  114 So. 2d 684· Fla.· 1959-09-11 ·cited 40×
  Norman Mackiewicz was convicted of first-degree murder for shooting and killing Police Lieutenant Staab during an altercation at a Miami Beach hotel. The Florida Supreme Court affirmed the conviction, rejecting challenges to the evidentiary rulings and jury instructions, and find
• Beckman v. State
  230 So. 3d 77· Fla. 3d DCA· 2017-09-06 ·cited 39×
  Jason Beckman, a 17-year-old convicted of first-degree premeditated murder for shooting his father, appeals claiming trial court errors in admitting evidence and improper closing arguments, and contending Florida's juvenile sentencing statute violates the Sixth Amendment under Ap
• United States v. Harris
  903 F.2d 770· 10th Cir.· 1990-05-16 ·cited 38×
  The court affirmed the conviction, forfeiture, and sentence, finding no error in the Travel Act violation evidence, search warrant validity, expert testimony, admission of evidence, or sentencing.
• Herring v. State
  501 So. 2d 19· Fla. 3d DCA· 1986-12-23 ·cited 38×
  The court held that the admission of evidence of the defendant's refusal to submit to a gunshot residue test was erroneous because the defendant was not informed of any adverse consequences for refusal.
• United States v. Oxman
  740 F.2d 1298· 3d Cir.· 1984-08-01 ·cited 38×
  The dissenting judge believes the majority misapplied the materiality standard from Agurs and failed to give adequate weight to the trial court's findings, thus disagreeing with the decision to grant a new trial.
• United States v. DiPASQUALE
  740 F.2d 1282· 3d Cir.· 1984-07-31 ·cited 38×
  The court held that the indictment was sufficient, the jury instructions were adequate, and the evidence supported the jury's finding of a single conspiracy to collect claimed debts by extortionate means.
• Manning-El v. Wyrick
  738 F.2d 321· 8th Cir.· 1984-07-05 ·cited 38×
  The court held that the admission of evidence of a separate crime did not violate due process or render the trial fundamentally unfair, as other evidence was sufficient for conviction.
• Fowler v. State
  921 So. 2d 708· Fla. 2d DCA· 2006-02-10 ·cited 37×
  Mark Fowler was convicted of second-degree murder for shooting Samuel Dunbar during a drug transaction. The appellate court reversed the conviction and remanded for discharge, holding that the State failed to rebut Fowler's prima facie case of self-defense beyond a reasonable dou
• Randall v. State
  760 So. 2d 892· Fla.· 2000-04-20 ·cited 36×
  James Randall was convicted of first-degree murder and sentenced to death for the strangulation murders of two prostitutes. The Florida Supreme Court reversed the first-degree murder convictions and vacated the death sentences, finding the evidence insufficient to prove premedita
• United States v. Balzano
  916 F.2d 1273· 7th Cir.· 1990-10-30 ·cited 36×
  The court affirmed the convictions, holding that the joinder of offenses was proper and severance was not required, and that there was sufficient evidence to support the convictions.
• United States v. Stacey
  896 F.2d 75· 5th Cir.· 1990-02-22 ·cited 36×
  The court held that closing and locking a door to prevent officers from entering a house where a fugitive was hiding, coupled with other evidence of intent, was sufficient to support a conviction for harboring and concealing a fugitive.
• United States v. Romero-Reyna
  867 F.2d 834· 5th Cir.· 1989-02-24 ·cited 36×
  The court held that the defendant's convictions for possession with intent to distribute were supported by sufficient evidence, but remanded the case for a hearing on the Batson challenge regarding the jury selection process.
• United States v. Kimmel
  777 F.2d 290· 5th Cir.· 1985-11-27 ·cited 36×
  The court held that the trial court did not err in excluding evidence of a civil release, nor in its jury instructions regarding intent, good faith, consciousness of guilt, or deadlocked juries.
• People OF the Territory OF Guam v. Ojeda
  758 F.2d 403· 9th Cir.· 1985-04-16 ·cited 36×
  The court held that the defendant's conviction for burglary was supported by sufficient evidence and that any alleged prosecutorial misconduct or evidentiary errors were either harmless or properly addressed by the trial court.