Consciousness Of Guilt

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

• United States v. Green
  594 F.2d 1227· 9th Cir.· 1979-01-17 ·cited 10×
  The court held that the defendant's conviction for conspiracy was not invalidated by the inclusion of concealment acts in the indictment, nor by the prosecutor's emphasis on the defendant's false statements, as these were not plain error and could be interpreted as evidence of co
• United States v. Turner
  551 F.2d 780· 8th Cir.· 1977-03-29 ·cited 10×
  The court held that the district court did not abuse its discretion in denying a continuance, that the cross-examination and rebuttal testimony regarding the appellant's statement did not impermissibly impeach his right to remain silent, and that the jury instruction was not plai
• Gibson v. United States
  363 F.2d 146· 5th Cir.· 1966-07-13 ·cited 10×
  The court held that the admission of hearsay testimony and the defendant's statements, potentially obtained in violation of his rights, constituted reversible error.
• Downey v. United States
  263 F.2d 552· 10th Cir.· 1959-01-27 ·cited 10×
  The court held that the evidence, including the confession and independent proof, was sufficient to support the conviction, and the trial court's evidentiary rulings were proper.
• United States v. Lieblich
  246 F.2d 890· 2d Cir.· 1957-07-09 ·cited 10×
  The court held that the trial judge's conduct was not improper and that evidence was properly admitted or excluded.
• Harris v. United States
  169 F.2d 887· D.C. Cir.· 1948-07-14 ·cited 10×
  The court held that a forged letter intended to divert suspicion is admissible evidence of guilt, and arguments about a witness's reward are inadmissible without evidence of such reward.
• Fuller v. State
  257 So. 3d 521· Fla. 5th DCA· 2018-09-28 ·cited 9×
  Bruce Fuller was convicted of manslaughter with a firearm after admittedly shooting Furrukh Alam in self-defense. The Florida District Court of Appeal, Fifth District reversed and remanded for a new trial, holding that Fuller was entitled to a new trial due to the cumulative and
• Hampton v. State
  219 So. 3d 760· Fla.· 2017-05-04 ·cited 9×
  John Lee Hampton was convicted of first-degree murder and sentenced to death for the 2007 killing of Renee McKinness in Clearwater, Florida. The Florida Supreme Court affirmed the denial of post-conviction relief on guilt-phase ineffective assistance claims and intellectual disab
• Ioannis Alexopoulos
  2006 WL 3026236· Del. Super. Ct.· 2016-04-22 ·cited 9×
  The Court affirmed the judgment of conviction for Driving Under the Influence (DUI) and dismissed the appeal of the improper lane change conviction. The Court held that the trial court did not abuse its discretion in denying the appellant's motion for a mistrial after a witness m
• Morris v. State
  988 So. 2d 120· Fla. 5th DCA· 2008-07-25 ·cited 9×
  The court held that the prosecutor's comments during closing argument improperly shifted the burden of proof and commented on the defendant's right to remain silent, requiring reversal.
• United States v. REA
  958 F.2d 1206· 2d Cir.· 1992-03-13 ·cited 9×
  The court held that while a witness's opinion testimony regarding a defendant's knowledge of a tax evasion scheme may have been improperly admitted, it did not constitute reversible error given the overall evidence. The court affirmed the convictions.
• United States v. Hicks
  748 F.2d 854· 4th Cir.· 1984-11-07 ·cited 9×
  The dissenting judge believes the trial court's failure to give an alibi instruction was harmless error due to overwhelming evidence of guilt and weak alibi evidence.
• State v. Frazier
  407 So. 2d 1087· Fla. 3d DCA· 1982-01-05 ·cited 9×
  Florida's appellate court reversed a trial court's dismissal of a second-degree murder charge against Frazier for stabbing his common-law wife. The court held that even viewing Frazier's self-defense statements most favorably, the facts did not establish a reasonable basis for fe
• State v. Davis
  141 So. 3d 1230· Fla. 1st DCA· 2014-06-25 ·cited 8×
  Florida appeals a downward departure sentence imposed on Davis for soliciting and traveling to meet a minor. The First District affirms the departure based on the unsophisticated nature of the offense and Davis's remorse, while rejecting the state's challenge to the sentencing ra
• Melehan v. State
  126 So. 3d 1118· Fla. 4th DCA· 2012-06-06 ·cited 8×
  Patrick Melehan appealed his jury conviction for manslaughter and burglary with assault or battery in the death of C.L., who died from a metal rod impaled in his head during an altercation with Melehan. The Fourth District Court of Appeal reversed and remanded for a new trial, fi
• Sutton v. State
  909 So. 2d 292· Fla. 3d DCA· 2005-08-10 ·cited 8×
  Jeffrey L. Sutton appeals his second-degree murder conviction. The Florida District Court of Appeal affirms the conviction, finding that a hearsay error was harmless and that the trial court properly rejected a requested jury instruction about scrutinizing an eyewitness's credibi
• State v. Rodriguez
  907 So. 2d 564· Fla. 3d DCA· 2005-07-06 ·cited 8×
  The exclusion of witnesses for a discovery violation is impermissible absent legally cognizable prejudice to the defendant, even if the violation was willful.
• Fernandez v. State
  722 So. 2d 879· Fla. 3d DCA· 1998-11-25 ·cited 8×
  Johnny Fernandez was convicted of second-degree murder in the shooting death of Tovias Daniels. On appeal, Fernandez challenged the admission of evidence regarding a prior shooting of another victim, evidence of his flight from police, and hearsay testimony about a stolen car, bu
• United States v. Alvaro Rojo-Alvarez
  944 F.2d 959· 1st Cir.· 1991-09-10 ·cited 8×
  The court affirmed the convictions and sentences of all four defendants, finding no merit in their various challenges regarding speedy trial rights, suppression of evidence, jury bias, and sentencing enhancements.
• United States v. Hankins
  931 F.2d 1256· 8th Cir.· 1991-04-26 ·cited 8×
  The court affirmed the defendant's convictions for armed bank robbery, use of a firearm, and escape, but remanded for resentencing and consideration of restitution.
• United States v. Hargrove
  929 F.2d 316· 7th Cir.· 1991-04-05 ·cited 8×
  The court held that evidence surrounding the defendant's arrest was admissible and that the admission of a witness's testimony in violation of a sequestration order was not an abuse of discretion, affirming the conviction.
• United States v. GAF Corp.
  928 F.2d 1253· 2d Cir.· 1991-03-18 ·cited 8×
  Bills of particulars are not inadmissible per se, but their admission as evidence is exceptional and requires compelling circumstances.
• United States v. Isidro Farias-Farias
  925 F.2d 805· 5th Cir.· 1991-02-22 ·cited 8×
  The court held that the trial court did not err in allowing the prosecution to cross-examine the defendant about his prior arrests and the nature of those arrests, as this evidence was admissible for impeachment and as substantive evidence of guilt, and any potential error was ha
• State v. Escobar
  570 So. 2d 1343· Fla. 3d DCA· 1990-09-11 ·cited 8×
  The State appeals the trial court's exclusion of Douglas Escobar's statement about carrying a gun and shooting it out with police rather than returning to jail, and petitions for certiorari review of orders excluding evidence of a California shoot-out and outstanding warrants. Th
• Payne v. State
  541 So. 2d 699· Fla. 1st DCA· 1989-03-28 ·cited 8×
  The court held that the trial court erred in prohibiting cross-examination of the victim regarding her pending civil suit and in giving a flight instruction to the jury.
• United States v. Eggleton
  799 F.2d 378· 8th Cir.· 1986-08-20 ·cited 8×
  The court held that evidence of flight, other crimes (weapons, explosives, false identification), and lineup identification was properly admitted, and the sentence was not excessive.
• United States v. McDOUGALD
  650 F.2d 532· 4th Cir.· 1981-06-09 ·cited 8×
  The jury instructions regarding exculpatory statements and expert witness qualifications were proper.
• United States v. Coughlin
  514 F.2d 904· 2d Cir.· 1975-04-15 ·cited 8×
  The court held that the trial judge did not commit reversible error by failing to give a specific alibi instruction, as the oral request was withdrawn and the overall charge adequately conveyed the government's burden of proof.
• United States v. Turner
  485 F.2d 976· D.C. Cir.· 1973-07-25 ·cited 8×
  The court held that the evidence was legally sufficient to convict the defendant of facilitating the concealment and sale of heroin, and that the admission of evidence regarding his unemployment, cash on hand, and an alleged bribe attempt, along with the jury instructions, were n
• United States ex rel. James Edward Hill v. Pinto
  394 F.2d 470· 3d Cir.· 1968-04-23 ·cited 8×
  The court held that a federal habeas court must conduct an evidentiary hearing to determine if a petitioner deliberately bypassed their right to object to the admission of involuntary statements, and that statements obtained in violation of Escobedo or coercion cannot be used for
• Federico Martin Bravo, II v. State
  65 So. 3d 621· Fla. 1st DCA· 2011-07-26 ·cited 7×
  Federico Martin Bravo II was convicted of aggravated assault with possession of a firearm. The Florida First District Court of Appeal reversed the conviction, holding that the trial court abused its discretion in allowing testimony and closing argument commentary regarding Bravo'
• Kurecka v. State
  67 So. 3d 1052· Fla. 4th DCA· 2010-09-29 ·cited 7×
  These consolidated DUI appeals address whether defendants' refusals to submit to breath tests should be suppressed based on their mistaken belief they had a right to counsel before testing. The Fourth District Court of Appeal holds that Florida's implied consent statute does not
• Adderly v. State
  44 So. 3d 167· Fla. 4th DCA· 2010-08-25 ·cited 7×
  The court held that the trial court abused its discretion by admitting evidence of the defendant's flight four months after his arrest, as there was insufficient nexus to the charged offenses, and this error was not harmless.
• Cinci v. State
  642 So. 2d 572· Fla. 4th DCA· 1994-06-01 ·cited 7×
  The Fourth District Court of Appeal affirmed Louis Donald Cinci's conviction and sentence for aggravated battery with a firearm. The court found that while the trial court erred in taking judicial notice of when defense counsel filed his witness list and in relying on incorrect c
• United States v. Horton
  873 F.2d 180· 8th Cir.· 1989-04-18 ·cited 7×
  The court held that the evidence was sufficient to sustain convictions for possession with intent to distribute and conspiracy, and that the admission of false identification evidence was not an abuse of discretion. The court also affirmed the district court's unconstitutionality
• S.C. v. State
  224 So. 3d 249· Fla. 3d DCA· 2017-07-12 ·cited 6×
  The court held that the evidence was sufficient to support the adjudication of delinquency for possessing stolen driver's licenses, as the defendant's confession and other circumstantial evidence demonstrated knowing possession of licenses taken without permission.
• Babbs v. State
  187 So. 3d 925· Fla. 4th DCA· 2016-03-23 ·cited 6×
  Edward Babbs was convicted of murdering his pregnant girlfriend and their viable fetus. On appeal, Babbs challenged the sufficiency of evidence supporting the trial court's denial of his motion for judgment of acquittal. The appellate court affirmed, finding the state presented c
• Bogart v. State
  114 So. 3d 316· Fla. 4th DCA· 2013-05-15 ·cited 6×
  Bogart challenges his second-degree murder conviction for strangling his live-in girlfriend, arguing the state failed to prove the necessary elements and that he acted in self-defense. The appellate court affirms the conviction, finding substantial evidence supported the jury's f
• Antoine Faust v. State
  95 So. 3d 421· Fla. 4th DCA· 2012-08-15 ·cited 6×
  Antoine Faust appeals his first-degree murder conviction, challenging the admission of his prior violent acts toward his ex-girlfriend, statements from a family friend witness, and jail phone recordings. The Fourth District Court of Appeal affirms, finding all three categories of
• Concha v. State
  972 So. 2d 996· Fla. 4th DCA· 2008-01-02 ·cited 6×
  A prosecutor's questioning that is fairly susceptible of being interpreted as a comment on a defendant's right to remain silent is improper, even if the defendant refused pre-arrest tests.
• Dondrick Cherry v. State
  835 So. 2d 1205· Fla. 4th DCA· 2003-01-02 ·cited 6×
  The court held that the record did not conclusively refute the appellant's claim that his trial counsel was ineffective for failing to move for severance when prejudicial evidence against a co-defendant was admitted.
• Eliezer Barrientos v. State
  825 So. 2d 1065· Fla. 4th DCA· 2002-09-18 ·cited 6×
  The trial court did not err in admitting evidence of the appellant's flight from police, as it was relevant to prove his consciousness of guilt regarding the firearm found in his vehicle.
• Webb v. State
  609 So. 2d 728· Fla. 5th DCA· 1992-12-04 ·cited 6×
  The court held that an instruction on flight was inappropriate under the facts of the case, even prior to the Fenelon decision, and that the erroneous instruction was not harmless.
• United States v. Warren
  973 F.2d 1304· 6th Cir.· 1992-09-02 ·cited 6×
  The court held that sufficient evidence supported the convictions, the speedy trial rights were not violated, the jury substitution was proper, the obstruction of justice enhancement was moot, the prior convictions were validly counted, and the sentence was not cruel and unusual.
• United States v. Maravilla
  907 F.2d 216· 1st Cir.· 1990-06-28 ·cited 6×
• United States v. Freddy Valencia
  826 F.2d 169· 2d Cir.· 1987-08-05 ·cited 6×
  The dissenting judge would hold that statements made by an attorney during bail negotiations, which were intended to exculpate the client, should have been admitted as admissions by a party opponent under Fed.R.Evid. 801(d)(2)(C) and (D).
• Drake v. State
  476 So. 2d 210· Fla. 2d DCA· 1985-07-26 ·cited 6×
  Thomas Eugene Drake was convicted of attempted second-degree murder and armed robbery for attacking his wife Nancy with a hammer at a church in 1983. Drake appeals his convictions, challenging the admission of certain testimony and the sufficiency of the circumstantial evidence.
• United States v. Dreer
  740 F.2d 18· 11th Cir.· 1984-08-27 ·cited 6×
  The court held that the trial judge did not err in refusing to admit the bookkeeping record as evidence because the proponent failed to establish its genuineness and reliability.
• United States v. Williams
  561 F.2d 859· D.C. Cir.· 1977-02-23 ·cited 6×
  The court denied a sua sponte suggestion for rehearing en banc.
• United States v. Smith
  421 F.2d 1229· 3d Cir.· 1970-03-02 ·cited 6×
  The court held that the defendant's conviction and sentence for bank robbery were not erroneous based on the alleged trial errors.