Consciousness Of Guilt

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

• United States v. Celedonia Morales
  577 F.2d 769· 2d Cir.· 1978-04-12 ·cited 36×
  The court held that cumulative errors in jury instructions and defense counsel's argument deprived the appellant of a fair trial on the issue of knowledge.
• United States v. Rivera
  513 F.2d 519· 2d Cir.· 1975-03-13 ·cited 36×
  The court held that the evidence was sufficient to support the jury's verdict and that the admission of grand jury testimony under the DeSisto principle was proper. The court also found that the government's rebuttal evidence regarding threats was admissible.
• State v. Horwitz
  191 So. 3d 429· Fla.· 2016-05-05 ·cited 35×
  The Florida Supreme Court held that the State is precluded from using a defendant's pre-arrest, pre-Miranda silence as substantive evidence of guilt under the Florida Constitution's privilege against self-incrimination and Florida evidentiary law. The court affirmed that this pro
• United States ex rel. Sidney Foster v. DeROBERTIS
  741 F.2d 1007· 7th Cir.· 1984-08-16 ·cited 35×
  The court held that the district court correctly denied the habeas corpus petition, finding no constitutional error in the state court proceedings regarding competency, sufficiency of evidence, or evidentiary rulings.
• Nevil McDonald Lopez v. State
  716 So. 2d 301· Fla. 3d DCA· 1998-07-29 ·cited 34×
  Nevil McDonald Lopez was convicted of attempted first-degree murder and aggravated assault with a firearm. The appellate court affirmed most convictions but reversed Lopez's conviction for attempted first-degree murder of Craig Manor, reducing it to aggravated assault, and revers
• United States v. Silverman
  861 F.2d 571· 9th Cir.· 1988-11-16 ·cited 34×
  The court held that the district court erred in admitting the extrajudicial statements of an alleged co-conspirator because the independent evidence presented was insufficient to corroborate those statements and establish the defendant's connection to the conspiracy by a preponde
• Jackson v. State
  498 So. 2d 406· Fla.· 1986-11-13 ·cited 34×
  Andrea Jackson was convicted of first-degree murder for killing Jacksonville police officer Gary Bevel during an arrest and sentenced to death. The Florida Supreme Court affirmed her conviction and sentence, rejecting multiple constitutional and procedural challenges while findin
• United States v. Inez Eaton Guerrero
  756 F.2d 1342· 9th Cir.· 1984-06-07 ·cited 34×
  The court affirmed convictions, holding that joinder of defendants and offenses was proper, severance was not required, venue changes were unwarranted, evidence was properly admitted, and speedy trial rights were not violated.
• United States v. Gonsalves
  668 F.2d 73· 1st Cir.· 1982-01-06 ·cited 34×
  The court held that the district court did not abuse its discretion in admitting the defendant's statement as evidence of consciousness of guilt, as its probative value was not substantially outweighed by the danger of unfair prejudice.
• United States v. Strickland
  509 F.2d 273· 5th Cir.· 1975-03-06 ·cited 34×
  The court affirmed the conviction for embezzlement and misappropriation of funds, finding sufficient evidence of criminal intent based on concealment and false statements.
• United States v. Garza
  426 F.2d 949· 5th Cir.· 1970-05-19 ·cited 34×
  The court held that the jury instructions were erroneous because they effectively precluded the jury from considering a defense theory and incorrectly stated that a single overt act could be sufficient for a conspiracy conviction.
• Miller v. United States
  320 F.2d 767· D.C. Cir.· 1963-06-14 ·cited 34×
  The dissenting judge would not reverse based on a jury instruction regarding flight, finding it was not plain error and the instruction was adequate.
• Reed v. Sec'y, Fla. Dep't OF Corr., Attorney Gen., State Of Fla.
  767 F.3d 1252· 11th Cir.· 2014-09-24 ·cited 33×
  Kelvin Leon Reed was convicted of vehicular homicide for striking two pedestrians while driving under the influence and sentenced to 35 years' imprisonment. Reed claimed his trial counsel rendered ineffective assistance under Strickland v. Washington by failing to investigate and
• United States v. Diaz-Carreon
  915 F.2d 951· 5th Cir.· 1990-10-16 ·cited 33×
  The court held that the evidence was sufficient to prove the defendant knowingly imported and possessed marijuana with intent to distribute, and that prosecutorial comments, while improper, did not substantially affect the defendant's right to a fair trial.
• United States v. Kwitek
  467 F.2d 1222· 7th Cir.· 1972-09-07 ·cited 32×
  The court held that the evidence was sufficient to sustain the conviction and that the appellant's double jeopardy claim was without merit.
• Kerven Charles v. State
  223 So. 3d 318· Fla. 4th DCA· 2017-07-12 ·cited 31×
  Kerven Charles appeals his convictions for robbery, false imprisonment, burglary with assault, aggravated assault, and petit theft arising from a crime spree. The Fourth DCA affirmed the convictions, holding that joinder of related offenses was proper because they constituted a s
• Walker v. State
  896 So. 2d 712· Fla.· 2005-02-24 ·cited 31×
  The Florida Supreme Court addressed whether the standard jury instruction on possession of recently stolen property constitutes an impermissible comment on the evidence. The court held that the instruction is constitutional and permissible, affirming Walker's burglary conviction.
• State v. Burns
  661 So. 2d 842· Fla. 5th DCA· 1995-08-25 ·cited 31×
  The State appeals from a suppression order in a DUI case, challenging the trial court's decision to suppress field sobriety tests and other evidence obtained without Miranda warnings or counsel present. The Fifth District Court of Appeal partially reverses, holding that roadside
• United States v. Sutton
  732 F.2d 1483· 10th Cir.· 1984-04-23 ·cited 31×
  The court held that the defendant's convictions for obstruction of justice and conspiracy to obstruct justice were supported by sufficient evidence and that various trial court rulings did not constitute an abuse of discretion or reversible error.
• United States v. Majed Ahmad Khamis
  674 F.2d 390· 5th Cir.· 1982-04-28 ·cited 31×
  The court held that the evidence was sufficient to support convictions for conspiracy, stealing bank deposits, and misrepresenting check value, but insufficient for one count of misrepresenting check value.
• Fitzsimmons v. State
  935 So. 2d 125· Fla. 2d DCA· 2006-08-11 ·cited 30×
  William Fitzsimmons appealed his conviction for armed bank robbery, challenging the trial court's admission of evidence regarding his conduct at a different bank three days later and the subsequent police chase. The court held that this collateral crime evidence was neither suffi
• Mariano v. State
  933 So. 2d 111· Fla. 4th DCA· 2006-05-31 ·cited 30×
  Frank Mariano was convicted of attempted second degree murder of his former girlfriend after an incident involving a knife. The Fourth District Court of Appeal reversed the conviction because the trial court erroneously admitted impeachment evidence regarding threats to an irrele
• United States v. Estrada
  751 F.2d 128· 2d Cir.· 1984-12-26 ·cited 30×
  The court's opinion is concurred with, but the precise effect of joining lesser convictions with a greater conviction is unclear.
• United States v. Robertson
  659 F.2d 652· 5th Cir.· 1981-10-21 ·cited 30×
  The court held that there was sufficient evidence to support the jury's conviction for conspiracy to possess marijuana with intent to distribute, and that any errors in jury instructions were harmless.
• State v. Esperti
  220 So. 2d 416· Fla. 2d DCA· 1969-03-14 ·cited 30×
  The State appeals a trial court order suppressing evidence of a defendant's refusal to submit to a compulsory chemical test for gunpowder residue. The appellate court reverses, holding that evidence of the defendant's resistance and acts of refusal are admissible to show consciou
• United States v. Fabric Garment Co., Inc.
  262 F.2d 631· 2d Cir.· 1958-12-30 ·cited 30×
  The court held that the admission of the 'paper test' evidence was proper and that the evidence was sufficient to support convictions for unlawful sale and conspiracy, but reversed convictions for false statements on two counts due to lack of proof of authorized transfer.
• United States v. Valencia-Lucena
  925 F.2d 506· 1st Cir.· 1991-02-07 ·cited 28×
  The court affirmed all convictions but vacated and remanded for resentencing, finding the district court's downward departure from sentencing guidelines was improper.
• United States v. Mendez-Ortiz
  810 F.2d 76· 6th Cir.· 1986-12-04 ·cited 28×
  The court held that the admission of testimony regarding threats and bribery was not plain error and that the defendant was not entitled to an indirect entrapment instruction because he denied the elements of the offense.
• United States v. Lewis
  797 F.2d 358· 7th Cir.· 1986-07-18 ·cited 28×
  The court held that the evidence was sufficient to support the verdict, the jury instructions were proper, venue was proper, evidence of flight was admissible, and prosecutorial comments in closing argument were not unduly prejudicial.
• United States v. Jackson
  572 F.2d 636· 7th Cir.· 1978-03-29 ·cited 28×
  The admission of flight evidence and the jury instruction on flight were erroneous because the flight occurred substantially after the crime and the defendant had no knowledge he was being sought for the charged offense.
• Moore v. State
  530 So. 2d 61· Fla. 1st DCA· 1988-04-06 ·cited 27×
  James Henry Moore appeals his conviction for aggravated child abuse of his 17-year-old daughter. The appellate court affirmed his conviction but reversed and remanded for resentencing, finding error in the trial court's admission of pretrial exculpatory statements (though harmles
• United States v. Potter
  616 F.2d 384· 9th Cir.· 1979-12-28 ·cited 27×
  The court held that evidence of sexual conduct with patients was admissible to prove motive and lack of good faith, and that prosecutorial improprieties in closing arguments did not constitute reversible error.
• United States v. Anchondo-Sandoval
  910 F.2d 1234· 5th Cir.· 1990-08-22 ·cited 26×
  The court held that the defendant's contradictory statements, coupled with possession of the vehicle, were sufficient to infer guilty knowledge, and that while prosecutorial misconduct occurred, it did not rise to the level of reversible error due to cautionary instructions.
• United States v. Sanchez
  790 F.2d 245· 2d Cir.· 1986-05-12 ·cited 26×
  The court held that proceeding with a trial in absentia was not an abuse of discretion, a jury instruction on flight was harmless error, and the defendant received effective assistance of counsel.
• United States v. Philip E. Kirk, M.D.
  584 F.2d 773· 6th Cir.· 1978-09-22 ·cited 26×
  The court held that sufficient circumstantial evidence existed to support the appellant's conviction for conspiracy to distribute controlled substances, allowing for reasonable inferences of agreement and knowledge.
• United States v. Levy
  578 F.2d 896· 2d Cir.· 1978-06-21 ·cited 26×
  The court held that the defendant waived objections to the admission of statements regarding prior cooperation by refusing a curative instruction, and that offers to cooperate made without condition are not inadmissible plea bargaining statements. The court also found the trial j
• United States v. Kilpatrick
  458 F.2d 864· 7th Cir.· 1972-04-10 ·cited 26×
  The court held that the evidence was sufficient to establish a single conspiracy and that venue was proper for all counts, including those where accessorial acts occurred in a different district than the substantive offense, under 18 U.S.C. § 2.
• United States v. Culotta
  413 F.2d 1343· 2d Cir.· 1969-07-15 ·cited 26×
  The court held that the district court did not err in admitting seized bills and in allowing testimony regarding a fabricated defense, nor was the identification procedure impermissibly suggestive.
• Dausch v. State
  141 So. 3d 513· Fla.· 2014-06-12 ·cited 25×
  Carl Dausch was convicted of first-degree murder and aggravated battery in the 1987 cold case death of Adrian Mobley, based primarily on DNA evidence linking him to the victim's car. The Florida Supreme Court vacated his convictions and death sentence, finding the evidence insuff
• Burkell v. State
  992 So. 2d 848· Fla. 4th DCA· 2008-10-01 ·cited 25×
  Robert Burkell was convicted of first-degree murder in the death of Charles Bertheas, an elderly boarder living in his home. On appeal, Burkell challenged the denial of his motion for judgment of acquittal, arguing that wholly circumstantial evidence was insufficient to exclude e
• Jennings v. State
  124 So. 3d 257· Fla. 3d DCA· 2013-09-11 ·cited 24×
  Carlos Jennings appeals his conviction for attempted trafficking in cocaine, challenging the sufficiency of evidence for constructive possession and the trial court's decision to issue a curative instruction rather than grant a mistrial after improper prosecutorial remarks. The T
• MacIas v. State
  673 So. 2d 176· Fla. 4th DCA· 1996-05-15 ·cited 24×
  Carlos Macias appealed his convictions for multiple violent felonies including aggravated assault, attempted sexual battery, robbery, attempted kidnapping, battery, and escape. The court affirmed the convictions but reversed the consecutive sentences and mandatory minimums for ch
• United States v. Lopez
  944 F.2d 33· 1st Cir.· 1991-09-11 ·cited 24×
  The court held that the district court did not err in rejecting a plea agreement, refusing to recuse, limiting cross-examination, denying acquittal motions, or refusing a new trial, and that the sentencing decision was not reviewable.
• United States v. Griselda Blanco
  861 F.2d 773· 2d Cir.· 1988-11-10 ·cited 24×
  The court held that the defendant's Sixth Amendment right to a speedy trial was not violated, nor was her right to a fair trial infringed by evidentiary rulings, and affirmed her conviction.
• United States v. Sachs
  801 F.2d 839· 6th Cir.· 1986-09-23 ·cited 24×
  The court held that the evidence was sufficient to convict the defendant of copyright infringement and conspiracy, and that the district court did not err in denying his motions to dismiss or suppress evidence.
• United States v. Wilson
  447 F.2d 1· 9th Cir.· 1971-08-16 ·cited 24×
  The court held that the search of the apartment was lawful, the gun was admissible evidence, and the trial court did not abuse its discretion in calling a witness. The convictions are affirmed.
• United States v. Diozzi
  807 F.2d 10· 1st Cir.· 1986-12-16 ·cited 23×
  The disqualification of defense counsel, who the government intended to call as witnesses, violated the defendants' Sixth Amendment right to counsel of choice because the government failed to demonstrate that stipulations would not have served as adequate evidence.
• United States v. Harris
  792 F.2d 866· 9th Cir.· 1986-06-19 ·cited 23×
  The court held that evidence of flight is admissible to show consciousness of guilt, even if the defendant did not know he was being sought for the specific crime, and that an unloaded gun can qualify as a dangerous weapon under federal law.
• Ford v. State
  801 So. 2d 318· Fla. 1st DCA· 2001-12-19 ·cited 22×
  Charles Ford appeals his convictions for first-degree murder and armed robbery, challenging the admissibility of his confession and testimony about threats he made to a witness. The First District Court of Appeal affirmed the convictions, holding that Ford's statements "Just take
• Keller v. State
  586 So. 2d 1258· Fla. 5th DCA· 1991-09-26 ·cited 22×
  The court held that prior consistent statements of a witness are inadmissible hearsay unless offered to rebut a specific charge of recent fabrication, and that confinement incidental to a felony does not support a false imprisonment conviction.