Consciousness Of Guilt

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

• United States ex rel. Alfred James Gary v. Follette
  418 F.2d 609· 2d Cir.· 1969-11-17 ·cited 6×
  The court held that the arrest was lawful because the informant's tip, corroborated by the suspects' actions and the appellant's presence, provided probable cause.
• United States v. Moret
  334 F.2d 887· 2d Cir.· 1964-06-30 ·cited 6×
  The dissenting judge would reverse Augustine Moret's conviction because the government's evidence regarding the package of heroin was self-contradictory.
• United States v. Fey
  89 F.4th 903· 11th Cir.· 2023-12-28 ·cited 5×
  The court affirmed the convictions, holding that any error in admitting evidence of Fey's solicitation of a witness murder was harmless, the denial of a spoliation instruction was not plain error, and the admission of testimony about a coconspirator's death was harmless.
• State v. Martin
  277 So. 3d 265· Fla. 3d DCA· 2019-07-31 ·cited 5×
  The appellate court reversed a trial court's decision to exclude a defendant's post-Miranda videotaped statement. The court found that the trial court abused its discretion by excluding the evidence, as it was highly probative to the defendant's credibility and not unfairly preju
• State v. Sephes
  262 So. 3d 811· Fla. 4th DCA· 2019-01-09 ·cited 5×
  The State appeals a trial court's grant of a renewed motion for judgment of acquittal following a jury verdict of guilty for felon in possession of a firearm. The appellate court holds that while the trial court correctly applied the circumstantial evidence standard, it improperl
• Peralta-Morales v. State
  143 So. 3d 483· Fla. 1st DCA· 2014-07-30 ·cited 5×
  The appellate court affirmed the trial court's decision, holding that the admission of collateral crime evidence was not an abuse of discretion.
• Ayalavillamizar v. State
  134 So. 3d 492· Fla. 4th DCA· 2014-02-12 ·cited 5×
  Jorge Ivan Ayalavillamizar appeals his first-degree murder conviction for the 2004 bludgeoning death of his girlfriend with a sledgehammer. He challenges the sufficiency of circumstantial evidence, evidentiary rulings admitting evidence of prior violence and abortion, the prosecu
• Gland v. State
  72 So. 3d 216· Fla. 2d DCA· 2011-10-05 ·cited 5×
  The court held that while admitting a tattoo as evidence of guilt and the State's argument thereon was error, it was harmless. The court also held that an erroneous jury instruction on manslaughter by act was not fundamental error when a correct instruction on manslaughter by cul
• Tremayne King v. State
  988 So. 2d 111· Fla. 4th DCA· 2008-07-23 ·cited 5×
  Tremayne King appeals convictions for first-degree murder of Stacey Daniels and second-degree murder of Robert Murray, plus firearms offenses, challenging the admission of collateral crime evidence at his bench trials. The Fourth District Court of Appeal affirms all convictions,
• State v. Clotilde Estela Menna
  793 So. 2d 1029· Fla. 5th DCA· 2001-07-13 ·cited 5×
  A defendant's refusal to submit to a gunshot residue test is admissible as circumstantial evidence of consciousness of guilt when the defendant was aware of possible adverse consequences of refusal, such as prosecution for murder, even if not explicitly warned that refusal could
• Miller v. State
  756 So. 2d 1072· Fla. 4th DCA· 2000-04-19 ·cited 5×
  Two brothers were tried together for aggravated battery, both claiming self-defense. The trial court denied a motion to sever and allowed testimony about the appellant's brother's apology and settlement offer to the victim, which implied consciousness of guilt. The appellate cour
• United States v. Jerome Wilbert Maddox (89-2084)
  944 F.2d 1223· 6th Cir.· 1991-09-03 ·cited 5×
  The court affirmed all convictions and sentences, finding no reversible error in the admission of evidence or procedural rulings.
• C.T. v. State
  238 So. 3d 857· Fla. 3d DCA· 2017-11-29 ·cited 4×
  C.T., a juvenile, was found delinquent for grand theft of a motor vehicle based on the statutory inference of guilty knowledge under Florida Statutes § 812.022(2). The Florida District Court of Appeal, Third District, reversed because the State failed to present sufficient eviden
• Williams v. State
  199 So. 3d 424· Fla. 2d DCA· 2016-08-24 ·cited 4×
  Fabian Williams was convicted of felony murder, robbery with a firearm, and two counts of attempted robbery arising from an armed robbery that resulted in a death. The appellate court reversed the attempted robbery conviction against one victim for insufficient evidence and rever
• Sloan v. State
  104 So. 3d 1271· Fla. 4th DCA· 2013-01-09 ·cited 4×
  The court held that the admission of evidence of the defendant's attempted suicide was not an abuse of discretion because it demonstrated consciousness of guilt.
• Grzelka v. State
  881 So. 2d 633· Fla. 5th DCA· 2004-08-06 ·cited 4×
  In this DUI case, the court addresses whether evidence of a defendant's refusal to submit to a breath test should be excluded when the police failed to provide complete statutory warnings about the consequences of refusal. The court affirms admission of the evidence, finding no a
• Baugh v. State
  862 So. 2d 756· Fla. 2d DCA· 2003-10-31 ·cited 4×
  Raymond Baugh was convicted of capital sexual battery against a seven-year-old victim based primarily on the child's out-of-court hearsay statements, which the child completely recanted at trial. The appellate court affirmed the conviction, holding that while prior inconsistent c
• Cunningham v. State
  739 So. 2d 1200· Fla. 5th DCA· 1999-07-30 ·cited 4×
  Cunningham appeals his felony DUI conviction, challenging the jury instruction on blood alcohol level (BAL) despite his refusal to take a Breathalyzer test. The court affirmed the conviction, finding the BAL instruction was proper to give context to the refusal evidence, though n
• Salgat v. State
  630 So. 2d 1143· Fla. 1st DCA· 1993-11-17 ·cited 4×
  Patrick Salgat appeals his conviction and sentences for murder and other felonies arising from his shooting of a state attorney investigator. The court reversed the sentence for attempted felony murder on the ground that it improperly merged with the felony murder conviction, and
• United States v. Scheibel
  870 F.2d 818· 2d Cir.· 1989-03-16 ·cited 4×
  The court held that the admission of the second bag of cocaine was not plain error and that the jury instructions were proper.
• United States v. Smith
  833 F.2d 213· 10th Cir.· 1987-11-09 ·cited 4×
  The court held that the trial court did not err in admitting tape-recorded conversations under the coconspirator exception to the hearsay rule, as sufficient evidence supported the existence and continuation of the conspiracy.
• United States v. Hawkes
  753 F.2d 355· 4th Cir.· 1985-01-29 ·cited 4×
  The court should affirm Sylvia Hawkes' conviction because the evidence supports a jury instruction on intentional flight as reflecting consciousness of guilt.
• United States v. Bongard
  713 F.2d 419· 8th Cir.· 1983-08-09 ·cited 4×
  The court held that any error in admitting a co-defendant's mug shot was harmless beyond a reasonable doubt, and the trial court did not abuse its discretion in admitting testimony regarding attempts to influence a witness.
• McKINNEY v. Galvin
  701 F.2d 584· 6th Cir.· 1983-03-02 ·cited 4×
  The court held that admitting evidence of the defendant's refusal to submit to a breathalyzer test was proper in a civil rights action, as it was relevant and not prohibited by federal or state law.
• United States v. Stembridge
  477 F.2d 874· 5th Cir.· 1973-04-13 ·cited 4×
  The court held that the use of disguised handwriting exemplars and the admission of testimony regarding the disguise does not violate the Fifth Amendment privilege against self-incrimination.
• United States ex rel. Arthur Holliday and Albert C. Daniels v. Adams
  443 F.2d 7· 2d Cir.· 1971-03-26 ·cited 4×
  The appellate court affirmed the district court's denial of habeas corpus relief, finding that the admission of evidence of a second assault did not deprive the appellants of a constitutional right.
• Fook v. United States
  164 F.2d 716· D.C. Cir.· 1947-11-19 ·cited 4×
  The court held that the trial court did not err in its comments on the facts, refusal of certain jury charges, or denial of a continuance or new trial.
• Beck v. United States
  140 F.2d 169· D.C. Cir.· 1943-05-28 ·cited 4×
  The court held that the trial judge's comments and instructions to the jury, when considered as a whole, were not improper or prejudicial to the defendant's legal rights.
• Mackey v. State
  277 So. 3d 762· Fla. 1st DCA· 2019-08-14 ·cited 3×
  The evidence was legally sufficient to sustain a second-degree murder conviction where the defendant's actions before, during, and after the killing—including obsessive behavior toward the victim, jealous anger upon learning of her sexual encounter with another man, and post-kill
• Howitt v. State
  266 So. 3d 219· Fla. 5th DCA· 2019-02-08 ·cited 3×
  Evidence of a suspect's refusal to submit to a breath test or field sobriety tests is admissible as consciousness of guilt only if the suspect was first informed of the adverse consequences of refusing. Because officers failed to provide such warnings, Howitt's refusals were inad
• Markel Latrae Bass v. State
  147 So. 3d 1033· Fla. 1st DCA· 2014-08-20 ·cited 3×
  A defendant's statements to his mother about a pending plea offer are admissible even if related to plea negotiations, because such statements were not made "in connection with" plea offers as contemplated by Florida Evidence Code § 90.410 when the defendant had no reasonable exp
• Garcia Hilaire v. State
  799 So. 2d 403· Fla. 4th DCA· 2001-11-14 ·cited 3×
  Garcia Hilaire was convicted of cocaine possession after being acquitted of battery on a law enforcement officer. The court reversed his conviction because the state improperly reintroduced evidence of the acquitted battery crime during the retrial, violating collateral estoppel
• State v. Kline
  764 So. 2d 716· Fla. 5th DCA· 2000-06-23 ·cited 3×
  The Florida Supreme Court reversed a trial court's suppression of evidence of a DUI defendant's refusal to take a blood alcohol test. The court held that under Florida's implied consent law, a defendant's refusal to submit to chemical testing is admissible evidence in criminal pr
• United States v. Yahya M. Ahmed
  980 F.2d 161· 2d Cir.· 1992-11-25 ·cited 3×
  The introduction of evidence of a defendant's failure to appear to show consciousness of guilt in a prior narcotics trial does not bar a subsequent prosecution for bail jumping, as the offenses have different operative facts and the evidence was not used to establish an essential
• Mitchell v. Hoke
  930 F.2d 1· 2d Cir.· 1991-04-03 ·cited 3×
  The admission of hearsay testimony concerning a lineup identification by a witness who did not testify violated the defendant's Sixth Amendment right to confrontation.
• United States v. Martindale
  790 F.2d 1129· 4th Cir.· 1986-05-21 ·cited 3×
  Statements made during foreign interrogations are admissible if voluntary and not obtained through duress or an attempt to evade U.S. law; Miranda warnings are not required for foreign interrogations. Convictions for conspiracy are valid even if the defendant is acquitted of subs
• Adalberto Plasencia v. State
  426 So. 2d 1051· Fla. 3d DCA· 1983-01-25 ·cited 3×
  Adalberto Plasencia was convicted of manslaughter, and the trial court admitted a certified copy of his prior conviction for escape to prove flight from custody. The appellate court reversed, holding that while evidence of flight is admissible, introducing the fact of a convictio
• Young v. State
  369 So. 3d 1243· Fla. 6th DCA· 2023-09-01 ·cited 2×
  The appellate court reversed a drug trafficking conviction because the trial court failed to conduct a required Richardson hearing after the State committed a discovery violation by not disclosing an incriminating statement made by the defendant. The court found the State did not
• Morlas v. State
  211 So. 3d 286· Fla. 4th DCA· 2017-02-08 ·cited 2×
  Jorge Morlas was convicted of burglary of a dwelling, resisting arrest without violence, and disturbing a school function after attempting to break into a home and subsequently fleeing from police in a high-speed car chase. On appeal, Morlas challenged whether the front porch are
• Vinson v. State
  174 So. 3d 502· Fla. 3d DCA· 2015-08-26 ·cited 2×
  Florida appellate court affirmed conviction, holding that evidence of a defendant's attempted suicide is admissible as circumstantial evidence of consciousness of guilt when sufficiently connected to the crime.
• Grace v. State
  122 So. 3d 417· Fla. 4th DCA· 2013-09-04 ·cited 2×
  Florida appellate court affirmed robbery with firearm conviction and life sentence, rejecting the defendant's claim that evidence of a subsequent shooting should have required ten days' notice and finding it properly admitted as consciousness of guilt evidence.
• Virgo v. State
  120 So. 3d 23· Fla. 4th DCA· 2013-06-19 ·cited 2×
  Jermaine Virgo was convicted of two counts of robbery with a firearm. On appeal of a summary denial of his Rule 3.850 postconviction relief motion, the court affirmed the denial of most grounds but reversed the summary denial of two grounds concerning ineffective assistance of co
• Myreon Harrison v. State
  61 So. 3d 412· Fla. 2d DCA· 2010-08-18 ·cited 2×
  The court held that while the trial court erred in admitting extensive collateral crimes evidence, the error was harmless due to the overwhelming evidence of guilt for the charged offenses.
• Waller v. State
  943 So. 2d 865· Fla. 3d DCA· 2006-11-15 ·cited 2×
  Byron Waller appeals his conviction for aggravated battery, challenging the admission of evidence that he threatened witnesses prior to trial. The Florida District Court of Appeal affirms, holding that evidence of witness intimidation is relevant to show consciousness of guilt an
• Taylor v. State
  625 So. 2d 911· Fla. 2d DCA· 1993-10-15 ·cited 2×
  James Taylor seeks to reverse a circuit court order that quashed his suppression of evidence of his refusal to perform pre-arrest field sobriety tests. The Second District Court of Appeal granted Taylor's petition for writ of certiorari, holding that pre-arrest field sobriety tes
• Fenelon v. State
  594 So. 2d 292· Fla.· 1992-02-13 ·cited 2×
  The Florida Supreme Court held that while a jury instruction on flight as evidence of guilt was harmless error in this murder case, the court abolished the flight instruction prospectively, finding it impermissibly invades the jury's province and lacks meaningful standards for ap
• Boynton v. State
  575 So. 2d 287· Fla. 3d DCA· 1991-02-26 ·cited 2×
  The court held that an agreement to participate in a live lineup, of which the defendant was aware and bound by, rendered his subsequent refusal to participate admissible against him as consciousness of guilt.
• K.V. v. State
  516 So. 2d 1087· Fla. 2d DCA· 1987-12-16 ·cited 2×
  The court held that the evidence was insufficient to prove the appellant committed burglary or grand theft of the moped because possession of the stolen property was not exclusive and not recently stolen.
• United States v. Neville Bruce Thompson
  716 F.2d 248· 4th Cir.· 1983-08-31 ·cited 2×
  The court held that admitting the privileged statements of the defendant's wife into evidence was reversible error, and the error was not harmless.
• Valentin Hernandez v. State
  397 So. 2d 435· Fla. 3d DCA· 1981-04-28 ·cited 2×
  Valentin Hernandez appeals his conviction for first-degree murder and conspiracy to commit a felony, raising claims of grand jury discrimination, improper admission of similar fact evidence, and violation of speedy trial rights. The Florida Third District Court of Appeal affirms