Consciousness Of Guilt

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

• Smith v. State
  681 So. 2d 894· Fla. 4th DCA· 1996-10-23 ·cited 15×
  The court held that the trooper's testimony commenting on the defendant's refusal to take a breath test after being read Miranda warnings constituted an improper comment on the right to remain silent, and this error was not harmless.
• United States v. Simpson
  910 F.2d 154· 4th Cir.· 1990-08-07 ·cited 15×
  The court held that the admission of drug courier profile testimony was an abuse of discretion and not harmless error, requiring reversal of the convictions.
• United States v. Claddis Arrington
  867 F.2d 122· 2d Cir.· 1989-01-23 ·cited 15×
  The court held that the declaration of mistrials was supported by manifest necessity, thus retrial is not barred by the Double Jeopardy Clause. The court also affirmed the admissibility of informant testimony and the rejection of waivers of conflict-free counsel.
• Coleman Fred Sule v. State
  968 So. 2d 99· Fla. 4th DCA· 2007-11-21 ·cited 14×
  Coleman Fred Sule appeals his convictions for the murder of his ex-girlfriend Doreen Domato and solicitation to murder her neighbor Xavier Heredia. The court affirms all convictions, holding that the trial court properly denied severance of the murder charges from the solicitatio
• Baker v. State
  760 So. 2d 1085· Fla. 5th DCA· 2000-06-23 ·cited 14×
  Omar Baker appealed his conviction for first-degree felony murder and armed robbery. The Florida Fifth District Court of Appeal affirmed his convictions and corrected his sentence to reflect that the robbery and murder sentences run concurrently, rejecting all of Baker's appellat
• In re Instructions in Criminal Cases
  652 So. 2d 814· Fla.· 1995-03-30 ·cited 14×
  The Florida Supreme Court overruled Johnson v. State to prohibit jury instructions that inconsistent exculpatory statements show consciousness of guilt, finding such instructions constitute impermissible comments on the evidence.
• Highsmith v. State
  580 So. 2d 234· Fla. 1st DCA· 1991-05-08 ·cited 14×
  Leon Highsmith appealed his conviction for possession of a firearm by a convicted felon, challenging the admission of alias evidence, a flight instruction, prosecutorial comment on failure to call witnesses, and habitual offender classification. The court affirmed on the first th
• United States v. Pallais
  921 F.2d 684· 7th Cir.· 1990-12-21 ·cited 14×
  The court affirmed the convictions and sentences, finding no reversible error in the trial court's rulings on jury exposure, conspiracy charges, co-conspirator statements, evidence admissibility, or prosecutorial comments.
• United States v. Kofoworola Adegbite
  877 F.2d 174· 2d Cir.· 1989-06-05 ·cited 14×
  The court affirmed convictions, holding that prior rulings on Fourth Amendment seizure and Miranda violations were binding under the law-of-the-case doctrine and that the evidence was sufficient for conviction.
• United States v. Yaffa Levy
  865 F.2d 551· 3d Cir.· 1989-01-09 ·cited 14×
  The court held that there was sufficient independent evidence to admit co-conspirator statements under the Ammar standard and that the use of false passports and identities was admissible. However, sentences for two defendants were vacated due to potential sentencing misunderstan
• United States v. ROY
  843 F.2d 305· 8th Cir.· 1988-04-04 ·cited 14×
  The court held that while admitting an FBI agent's opinion testimony on the truthfulness of accomplices' statements was an abuse of discretion, it was harmless error given the overwhelming evidence and the limited impact of the testimony. The court also affirmed the denial of les
• United States v. Hammond
  781 F.2d 1536· 11th Cir.· 1986-02-10 ·cited 14×
  The court held that the evidence was sufficient to support the appellant's convictions for conspiracy and distributing controlled substances, and that the trial court did not err in denying severance or admitting certain testimony.
• United States v. Silverman
  771 F.2d 1193· 9th Cir.· 1985-09-16 ·cited 14×
  The court held that statements implicating the defendant as a co-conspirator were properly admitted under FRE 801(d)(2)(E) and that a flight jury instruction was also proper.
• United States v. Mastrangelo
  662 F.2d 946· 2d Cir.· 1981-10-28 ·cited 14×
  The dissenting judge argues that the Double Jeopardy Clause requires reversal because the mistrial was not supported by manifest necessity and viable alternatives existed.
• United States v. Alejandro
  527 F.2d 423· 5th Cir.· 1976-02-19 ·cited 14×
  The court held that probable cause existed for the arrests, that severance was not required, and that evidence of a prior conviction was admissible for limited purposes.
• United States v. Ramirez
  894 F.2d 565· 2d Cir.· 1990-01-24 ·cited 13×
  The court affirmed convictions, holding that similar act evidence was properly admitted, hearsay was correctly excluded, and the jury instruction on flight was adequate.
• Holt Roosevelt Knotts v. State
  533 So. 2d 826· Fla. 1st DCA· 1988-10-14 ·cited 13×
  Knotts appealed his manslaughter conviction and departure sentence. The Florida appellate court affirmed the conviction and sentence, rejecting arguments regarding the admission of evidence of threats and co-felon testimony, and upholding the trial court's reasons for departing f
• United States v. Guerrero
  803 F.2d 783· 3d Cir.· 1986-10-27 ·cited 13×
  The court held that the trial court did not abuse its discretion in admitting testimony about the defendant's threats to a witness, as the evidence was not hearsay and its probative value outweighed its prejudicial effect under Rule 403.
• State v. Fureman
  161 So. 3d 403· Fla. 5th DCA· 2014-02-21 ·cited 12×
  Florida appealed a downward departure sentence imposed on Scott Fureman for traveling to meet a minor, solicitation of a minor by computer, and attempted lewd and lascivious battery. The Fifth District reversed, holding that the trial court erred in finding the crimes were commit
• Samuels v. State
  11 So. 3d 413· Fla. 4th DCA· 2009-05-13 ·cited 12×
  Ronald Samuels appeals convictions for attempted murder of his ex-wife and her husband, whom he hired to be killed to avoid child support obligations. Samuels challenges the trial court's denial of a juror challenge for cause, the admission of certain evidence, and the restitutio
• State v. Elkin
  595 So. 2d 119· Fla. 3d DCA· 1992-02-11 ·cited 12×
  Florida's highest court reversed a trial court's order suppressing a defendant's sworn statement to police in a murder case, holding that statements made by a party opponent are admissible as an exception to the hearsay rule under Florida law, even if exculpatory or self-serving,
• United States v. Stowell
  947 F.2d 1251· 5th Cir.· 1991-11-15 ·cited 12×
  The court held that the evidence was sufficient to convict Tucker of conspiracy and aiding and abetting, but that the trial court erred in refusing to instruct the jury on the issue of multiple conspiracies for Wood.
• United States v. Felix-Gutierrez
  940 F.2d 1200· 9th Cir.· 1991-07-22 ·cited 12×
  The court held that a defendant can be prosecuted in the United States for being an accessory after the fact to crimes committed abroad, provided the underlying offense is subject to extraterritorial application and the accessory's conduct has sufficient nexus to U.S. interests.
• Coppola v. Powell
  878 F.2d 1562· 1st Cir.· 1989-07-14 ·cited 12×
  The admission of a prearrest statement, where the suspect refused to confess and indicated awareness of his right to remain silent, into the prosecution's case in chief unconstitutionally burdened the suspect's Fifth Amendment privilege against self-incrimination.
• United States v. Vernon Owen Vannerson (85-1507)
  786 F.2d 221· 6th Cir.· 1986-03-18 ·cited 12×
  The court held that the circumstantial evidence, including the defendants' sudden unexplained wealth and false explanations for its source, was sufficient to support their convictions for bank theft and concealing stolen funds.
• United States v. Boyle
  675 F.2d 430· 1st Cir.· 1982-04-14 ·cited 12×
  The court held that the admission of evidence regarding the defendant's use of an alias was not overly prejudicial and that the jury instructions regarding the elements of armed bank robbery were not plain error.
• United States v. Lopez
  625 F.2d 889· 9th Cir.· 1980-08-19 ·cited 12×
  The evidence was insufficient to establish that the appellant was a knowing member of and participant in the charged conspiracy.
• United States v. Lani M. Brozyna
  571 F.2d 742· 2d Cir.· 1978-02-10 ·cited 12×
  The court held that the indictment's charge of "acquisition" of a firearm encompassed "attempted acquisition," and thus there was no fatal variance between the indictment and the proof. The court also held that the denial of severance was not an abuse of discretion.
• United States v. F/N/U Pate
  543 F.2d 1148· 5th Cir.· 1976-12-13 ·cited 12×
  The court affirmed the convictions, finding no merit in the defendants' arguments regarding evidentiary rulings, sufficiency of evidence, or procedural errors.
• United States v. Matousek
  483 F.2d 286· 8th Cir.· 1973-07-24 ·cited 12×
  The court held that the defendant's conviction for theft and possession of a stolen automobile was proper, affirming the trial court's decisions regarding evidence admission, closing arguments, and jury instructions.
• United States v. Lomprez
  472 F.2d 860· 7th Cir.· 1972-12-14 ·cited 12×
  The court held that the defendants' statements were admissible, and various other trial errors claimed were not prejudicial, thus affirming the convictions.
• United States v. Paige
  324 F.2d 31· 4th Cir.· 1963-10-17 ·cited 12×
  The court held that mere presence at the scene of a crime and subsequent flight are insufficient to prove guilt beyond a reasonable doubt.
• Huggins v. State
  161 So. 3d 335· Fla.· 2014-10-09 ·cited 11×
  John Steven Huggins appeals the circuit court's denial of his motion to vacate his first-degree murder conviction and death sentence under Florida Rule of Criminal Procedure 3.851, and petitions for a writ of habeas corpus. The Florida Supreme Court affirmed the denial of postcon
• D.L. v. State
  138 So. 3d 499· Fla. 3d DCA· 2014-04-23 ·cited 11×
  The appellate court held that the State failed to present sufficient evidence to prove the juvenile knew the vehicle was stolen, which is a required element for a trespass conviction in this context.
• Cummings v. State
  715 So. 2d 944· Fla.· 1998-06-11 ·cited 11×
  The Florida Supreme Court reversed Derrick Cummings' first-degree murder conviction and death sentence, finding insufficient evidence of premeditation. The Court held that while the evidence supported conviction for second-degree murder, the State failed to exclude reasonable alt
• Creamer v. State
  605 So. 2d 541· Fla. 1st DCA· 1992-09-17 ·cited 11×
  Vernon Creamer appeals his conviction for possession of a firearm by a convicted felon, arguing the trial court erred in failing to instruct the jury that knowledge of possession was a required element. The court agrees and reverses, holding that knowledge is an essential element
• Hageny v. The United States
  570 F.2d 924· Ct. Cl.· 1978-01-25 ·cited 11×
  The court held that the plaintiff's actions, including the removal of unmarked trees and the false marking of others, constituted larceny rather than a false claim under the False Claims Act, and thus the Act did not apply.
• Allen v. State
  192 So. 3d 554· Fla. 4th DCA· 2016-05-18 ·cited 10×
  Jason Allen was convicted of second-degree murder based largely on circumstantial evidence when the victim's body was never found. The Fourth District Court of Appeal reversed his conviction and ordered a new trial, holding that the trial court improperly admitted evidence of All
• Knight v. State
  15 So. 3d 936· Fla. 3d DCA· 2009-08-12 ·cited 10×
  Derrick Knight appeals his conviction for manslaughter and related charges, challenging the trial court's admission of photographs of firearms found in his home that were not used in the shooting. The appellate court affirmed, finding no abuse of discretion in admitting the photo
• Virgo v. State
  931 So. 2d 1010· Fla. 4th DCA· 2006-06-07 ·cited 10×
  Jermaine Virgo was convicted of two counts of armed robbery at a Circle K convenience store. The Florida District Court of Appeal affirmed his conviction and sentence, rejecting four appellate arguments regarding the admissibility of flight evidence, alibi fabrication testimony,
• In & for Sussex Cnty.
  Del. Super. Ct.· 2003-09-24 ·cited 10×
  The court held that the charges arising from the two murders were properly joined and that the defendants failed to demonstrate sufficient prejudice to warrant severance. The court found that the offenses were of a similar character, connected by a common scheme or plan, and that
• United States v. Foppe
  993 F.2d 1444· 9th Cir.· 1993-05-25 ·cited 10×
  The court held that observations of Foppe's appearance were not fruit of the poisonous tree, that the government's argument regarding consciousness of guilt was permissible, that the in-court identification was independent, that the jury instructions were proper, and that sentenc
• United States v. Tracy
  989 F.2d 1279· 1st Cir.· 1993-03-29 ·cited 10×
  The court affirmed the conviction but vacated the sentence and remanded for the district court to reconsider the obstruction of justice enhancement, as its findings on perjury were unclear.
• United States v. Shenker
  933 F.2d 61· 1st Cir.· 1991-05-10 ·cited 10×
  The court held that the district court did not err in admitting the insurance broker license application forms as evidence of intent and consciousness of guilt, and that any error in jury instructions was harmless.
• West v. State
  579 So. 2d 288· Fla. 3d DCA· 1991-05-07 ·cited 10×
  Sherman West appeals his robbery conviction, claiming the trial court improperly admitted other-crimes evidence. The Florida Third District Court of Appeal affirms the conviction, finding that while evidence of the stolen getaway car was inadmissible as irrelevant other-crimes ev
• Norman v. State
  555 So. 2d 1316· Fla. 5th DCA· 1990-01-25 ·cited 10×
  The court held that the conviction for sexual battery of a physically helpless victim must be reversed because the victim was capable of communicating her unwillingness to the act. The court also found a jury instruction regarding inconsistent statements to be proper and remanded
• United States v. Barnhart
  889 F.2d 1374· 5th Cir.· 1989-11-27 ·cited 10×
  The court affirmed the conviction and sentence, finding no error in the indictment's sufficiency, the admission of 'flight' evidence and instructions, the sufficiency of evidence, or the application of sentencing guidelines.
• Walker v. State
  495 So. 2d 1240· Fla. 5th DCA· 1986-10-23 ·cited 10×
  Defendant Walker challenged a mistrial motion after the prosecutor referenced in opening statement that he had given police conflicting alibis. The Florida appellate court affirmed the trial court's denial of the mistrial motion, holding that evidence of false exculpatory stateme
• Redford v. State
  477 So. 2d 64· Fla. 3d DCA· 1985-10-29 ·cited 10×
  The court held that admitting testimony of a false name given by an already arrested defendant was error, as was a jury instruction stating the false name as fact.
• United States v. Boekelman
  594 F.2d 1238· 9th Cir.· 1979-02-22 ·cited 10×
  The court held that the jury instructions, when viewed as a whole, were not reversible error, and the evidence was sufficient to support the conviction.