Consciousness Of Guilt

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

• United States v. Gonzalez-Lira
  936 F.2d 184· 5th Cir.· 1991-07-09 ·cited 22×
  The court held that the trial court did not abuse its discretion in admitting evidence of a prior smuggling attempt, and that the evidence was sufficient to support the conviction.
• United States v. MacKlin
  927 F.2d 1272· 2d Cir.· 1991-03-14 ·cited 22×
  The court held that the indictment was sufficient, the evidence against Swain was sufficient for conviction, and the district court correctly applied the preponderance of the evidence standard at sentencing.
• United States v. Vogt
  910 F.2d 1184· 4th Cir.· 1990-07-26 ·cited 22×
  The court affirmed the conviction, holding that the admission of a redacted co-defendant statement was permissible and that sufficient evidence supported the RICO conviction.
• United States v. Cameron
  814 F.2d 403· 7th Cir.· 1987-03-10 ·cited 22×
  The court held that the district court did not err in excluding evidence of a witness's drug use and misdemeanor conviction, nor in excluding evidence of a co-conspirator's flight, and that sufficient evidence supported the conviction and the fine was permissible.
• United States v. Holbert
  578 F.2d 128· 5th Cir.· 1978-08-10 ·cited 22×
  The court held that a jury instruction regarding the use of a false exculpatory statement, when carefully worded to leave the determination of its existence and incriminating nature to the jury, is proper and does not constitute a comment on the evidence.
• Salzman v. United States
  405 F.2d 358· D.C. Cir.· 1968-10-04 ·cited 22×
  The court affirmed the conviction, finding that the defendant's chronic alcoholism defense was not adequately presented or supported by evidence to warrant a broader ruling on its applicability to criminal defenses.
• Asher v. United States
  394 F.2d 424· 9th Cir.· 1968-04-10 ·cited 22×
  The court held that evidence of other crimes is admissible to prove knowledge when knowledge is an issue, and that a stipulation can establish the corpus delicti.
• Rossetti v. United States
  315 F.2d 86· 9th Cir.· 1963-03-06 ·cited 22×
  The court held that the evidence was sufficient to convict the defendant for aiding and abetting marijuana smuggling, and that any objections regarding the admission and instruction of 'flight' evidence, and the testimony of a co-defendant, were waived.
• Derral Wayne Hodgkins v. State
  175 So. 3d 741· Fla.· 2015-06-18 ·cited 21×
  The Florida Supreme Court reversed Derral Hodgkins' first-degree murder conviction and death sentence, finding the state's purely circumstantial evidence insufficient to sustain the conviction. The court held that DNA evidence placing Hodgkins' genetic material under the victim's
• United States v. Perkins
  937 F.2d 1397· 9th Cir.· 1991-07-01 ·cited 21×
  The court held that the district court did not err in its evidentiary rulings, and while an instruction on change of appearance was improper, it constituted harmless error. Therefore, the conviction is affirmed.
• United States v. Brown
  551 F.2d 639· 5th Cir.· 1977-04-28 ·cited 21×
  The dissenting judge believes the majority erred in holding Mary Brown's statements inadmissible, finding she made a clear waiver of her right to counsel.
• Walker v. State
  853 So. 2d 498· Fla. 1st DCA· 2003-07-30 ·cited 20×
  The court held that a jury instruction allowing an inference of a guilty conscience from unexplained possession of recently stolen items is permissible under current Florida Supreme Court precedent.
• United States v. Littlefield
  840 F.2d 143· 1st Cir.· 1988-02-24 ·cited 20×
  The court, bound by precedent, concurred with the majority decision.
• United States v. Sgro
  816 F.2d 30· 1st Cir.· 1987-04-17 ·cited 20×
  The court held that the defendant failed to establish a prima facie case of discrimination under Batson v. Kentucky because he did not prove that Italian-Americans constitute a constitutionally cognizable group. The court also held that alleged prosecutorial misconduct did not de
• United States v. Novia Turkette, Jr.
  656 F.2d 5· 1st Cir.· 1981-08-13 ·cited 20×
  The court affirmed convictions, holding that joinder was proper under RICO, severance was not required due to lack of demonstrated prejudice, the seating arrangement was not an abuse of discretion, and jury instructions adequately addressed the issues.
• United States v. Monahan
  633 F.2d 984· 1st Cir.· 1980-11-21 ·cited 20×
  Evidence of threats to a witness is admissible to show consciousness of guilt, and its probative value outweighs its prejudicial effect under Rule 403 when the conduct is not innocuous.
• United States v. McCRAY
  433 F.2d 1173· D.C. Cir.· 1970-09-09 ·cited 20×
  The court held that while there were instructional errors regarding flight and the duty to surrender to police, these errors were harmless in light of the overwhelming evidence of guilt. The admission of other crimes evidence and the speedy trial challenge were also found to be w
• O'Connell v. State
  480 So. 2d 1284· Fla.· 1985-11-27 ·cited 19×
  Barry O'Connell was convicted of two first-degree murders and sentenced to death. The Florida Supreme Court reversed his convictions and vacated the death sentence due to reversible errors in jury selection: the trial judge prevented defense counsel from examining two 'death-scru
• United States v. Zulema Gonzalez
  703 F.2d 1222· 11th Cir.· 1983-04-25 ·cited 19×
  The court held that the admission of testimony regarding a death threat was proper, as it was relevant to show consciousness of guilt and its probative value was not substantially outweighed by prejudice.
• United States v. Brown
  934 F.3d 1278· 11th Cir.· 2019-08-14 ·cited 18×
  Michael Brown, a police officer, and Philip Antico, his supervisor, were prosecuted for actions related to a violent police encounter in which officers assaulted the occupants of a vehicle after a high-speed chase in August 2014. Brown was convicted of deprivation of rights under
• Terence Tobias Oliver v. State
  214 So. 3d 606· Fla.· 2017-04-06 ·cited 18×
  The Florida Supreme Court affirmed the convictions and death sentences for two counts of first-degree murder. The court found that the trial court did not abuse its discretion in admitting evidence of a shotgun, that the prosecutor's comment on lack of remorse did not warrant a m
• Phillup Alan Partin v. State
  82 So. 3d 31· Fla.· 2011-12-01 ·cited 18×
  Phillup Alan Partin was convicted of the first-degree murder of 16-year-old Joshan Ashbrook and sentenced to death. The Florida Supreme Court affirmed his conviction and death sentence, rejecting his claims regarding evidentiary rulings, jury instructions, and the proportionality
• Conley v. State
  592 So. 2d 723· Fla. 1st DCA· 1992-01-02 ·cited 18×
  William Thomas Conley appeals his convictions for armed burglary, armed robbery, and three counts of armed sexual battery, as well as his sentencing as a habitual violent felony offender. The appellate court affirmed all convictions but reversed the life sentences for the three s
• United States v. Bates
  917 F.2d 388· 9th Cir.· 1990-10-22 ·cited 18×
  A mistrial declared solely in the defendant's interest, even if an abuse of discretion, does not bar retrial under the Double Jeopardy Clause.
• Simpson v. State
  562 So. 2d 742· Fla. 1st DCA· 1990-05-09 ·cited 18×
  Julia Simpson was convicted of second-degree murder for shooting her husband. The appellate court reversed and remanded for a new trial, finding the trial court failed to make an unmistakably clear determination of voluntariness regarding her confession and improperly instructed
• United States v. Touchstone
  726 F.2d 1116· 6th Cir.· 1984-01-31 ·cited 18×
  The court held that the trial court did not err in denying the motion to suppress, admitting evidence of defendants' flight, or limiting cross-examination of a government witness.
• Finlay v. State
  424 So. 2d 967· Fla. 3d DCA· 1983-01-11 ·cited 18×
  Defendant Finlay appeals his convictions for carrying a concealed firearm, armed burglary, and armed robbery, receiving two consecutive life sentences plus five years. The court reversed because the trial court improperly joined offenses from two separate incidents occurring eigh
• United States v. Silvio DeWOLF
  696 F.2d 1· 1st Cir.· 1982-12-06 ·cited 18×
  The court held that post-arrest statements elicited surreptitiously, without notice to counsel, are admissible if they concern a separate crime and are admitted to show consciousness of guilt, not the original offense.
• United States v. Alexander and Albert Cranston
  686 F.2d 56· 1st Cir.· 1982-08-13 ·cited 18×
  The court held that there was sufficient evidence to support the convictions and that the trial court's admission of a co-conspirator's statement, despite minor procedural deviations, did not constitute plain error.
• United States v. Dixon
  596 F.2d 178· 7th Cir.· 1979-01-12 ·cited 18×
  The court held that an indictment under 18 U.S.C. § 1792 is sufficient without explicitly alleging knowledge or intent, as such knowledge is implied by the statute's language and the nature of the offense. The court also found the voir dire and admission of evidence to be within
• United States v. Greiser
  502 F.2d 1295· 9th Cir.· 1974-09-11 ·cited 18×
  The court held that the evidence against both appellants was sufficient to support their convictions and that no reversible error occurred during their trials.
• United States v. Campisi
  248 F.2d 102· 2d Cir.· 1957-09-09 ·cited 18×
  The court held that the evidence was sufficient to support the conviction for conspiracy and the substantive offense, and that the trial judge's rulings were not erroneous.
• United States v. Picarelli
  148 F.2d 997· 2d Cir.· 1945-04-26 ·cited 18×
  The evidence was sufficient to support the convictions of both appellants, and their convictions are affirmed.
• Powell v. State
  908 So. 2d 1185· Fla. 2d DCA· 2005-08-26 ·cited 17×
  Powell appeals denial of his postconviction motion for ineffective assistance of counsel under Florida Rule of Criminal Procedure 3.850, challenging his counsel's failure to object to his mother's testimony about hearsay statements from an unnamed woman connecting Powell to the m
• United States v. Williams
  775 F.2d 1295· 5th Cir.· 1985-11-05 ·cited 17×
  The court held that the district court exceeded statutory limits by imposing a life sentence without a jury recommendation, and that the jury instructions on flight were proper.
• United States v. Bussey
  D.D.C.· 1970-07-21 ·cited 17×
  The court held that admitting evidence of another robbery, both through witness testimony and a newspaper article, was prejudicial error because its probative value did not outweigh its inflammatory effect on the jury.
• United States v. Fabio Jaramillo-Suarez
  942 F.2d 1412· 9th Cir.· 1991-08-23 ·cited 16×
  The court held that the admission of a pay/owe sheet as circumstantial evidence of the apartment's use for drug trafficking, the testimony regarding a driver's license and pager, and the jury instructions on reasonable doubt were not reversible errors. The court also affirmed the
• Shorter v. State
  532 So. 2d 1110· Fla. 3d DCA· 1988-10-18 ·cited 16×
  Christopher Shorter was convicted of second-degree murder and firearm possession during a criminal offense. The Florida District Court of Appeal reversed and remanded for a new trial based on prosecutorial misconduct during closing argument and cross-examination that deprived the
• United States v. Pflaumer
  774 F.2d 1224· 3d Cir.· 1985-10-09 ·cited 16×
  The court must reconsider whether an erroneous jury instruction on conspiracy, independent of withheld exculpatory material, warrants a new trial on all counts, and must apply the Bagley standard for materiality of withheld evidence.
• United States v. Bein
  728 F.2d 107· 2d Cir.· 1984-02-13 ·cited 16×
  The court affirmed the convictions, holding that the contracts sold were illegal commodity options and that various evidentiary and procedural rulings by the trial court were proper.
• Jackson v. State
  435 So. 2d 984· Fla. 4th DCA· 1983-08-10 ·cited 16×
  Charles Jackson appealed his robbery conviction, challenging a jury instruction that told jurors they could consider his shaving off his goatee during trial as evidence of consciousness of guilt. The court reversed, holding that while counsel could argue the appearance change, th
• Sands v. State
  414 So. 2d 611· Fla. 3d DCA· 1982-06-01 ·cited 16×
  Barry Sands was arrested at Miami International Airport after exhibiting behavior matching a drug courier profile and making an incriminating statement suggesting he was carrying contraband. The court affirmed his conviction for drug trafficking, holding that the warrantless sear
• United States v. Barresi
  601 F.2d 193· 5th Cir.· 1979-08-22 ·cited 16×
  The court held that there was a sufficient evidentiary basis for the jury instruction regarding the defendant's statements, and the evidence was sufficient to support the conviction.
• United States v. August Serio
  440 F.2d 827· 6th Cir.· 1971-04-06 ·cited 16×
  The court held that the presence of counsel is not constitutionally required during photographic identifications by witnesses, and that evidence of an attempted escape is admissible to show consciousness of guilt.
• United States v. Sutt
  415 F.2d 1305· 7th Cir.· 1969-08-25 ·cited 16×
  The court held that the jury could find the defendant guilty beyond a reasonable doubt based on the circumstantial evidence, and that any constitutional error regarding the admission of statements was harmless.
• Marcoux v. United States
  405 F.2d 719· 9th Cir.· 1968-12-30 ·cited 16×
  The court held that the evidence was sufficient to support the conviction and that the admission of the registration card did not violate Miranda v. Arizona.
• Adolph C. Burger v. United States
  262 F.2d 946· 8th Cir.· 1959-02-02 ·cited 16×
  The court held that substantial evidence supported the conviction for tax evasion, and various evidentiary and procedural rulings were not erroneous.
• Horwitz v. State
  189 So. 3d 800· Fla. 4th DCA· 2015-02-18 ·cited 15×
  Donna Horwitz was convicted of first-degree murder in the shooting death of her former husband. The Fourth District Court of Appeal reversed her conviction, holding that the trial court erred in admitting evidence of her pre-arrest, pre-Miranda silence where she did not testify a
• Lucas v. State
  67 So. 3d 332· Fla. 4th DCA· 2011-07-13 ·cited 15×
  Eric Lucas appeals his convictions for burglary of a dwelling with battery and aggravated battery. The Fourth District Court of Appeal affirmed, rejecting challenges to the admission of his girlfriend's statements to police, jailhouse telephone recordings, and prosecutorial remar
• State of Del. v. Emmett Taylor, III
  Del. Super. Ct.· 2007-08-14 ·cited 15×
  The court denied the defendant's motion for postconviction relief, finding that his trial and appellate counsel were not ineffective. The court concluded that the joinder of charges was proper, the admission of certain evidence was not unfairly prejudicial, and the defendant's de