Consciousness Of Guilt

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

• United States v. Bartholomew Buigues
  568 F.2d 269· 2d Cir.· 1978-01-06 ·cited 2×
  The court held that there was sufficient evidence to convict Buigues, Puig, Anes, and Sammarco of conspiracy and false claims, but insufficient evidence to convict Horowitz.
• United States v. Ramirez
  460 F.2d 1322· 10th Cir.· 1972-06-07 ·cited 2×
  The court held that the admission of evidence pertaining to the defendant's arrest was proper to show consciousness of guilt, and the exclusion of evidence regarding an object thrown at the defendant's dog was also correct.
• United States v. Palmieri
  456 F.2d 9· 2d Cir.· 1972-02-09 ·cited 2×
  The court held that the newspaper publicity during the trial did not prejudice the jury and that certain testimony was admissible, affirming the convictions.
• United States v. Hardy
  451 F.2d 905· 3d Cir.· 1971-11-17 ·cited 2×
  The court held that the trial court did not err in admitting identification evidence, allowing jury examination of photographs, excluding testimony about the defendant's intent to surrender, denying a mistrial, or admitting expert opinion on police memoranda accuracy.
• Samuels v. United States
  397 F.2d 31· 10th Cir.· 1968-07-05 ·cited 2×
  The court held that while admitting prior inconsistent statements without a proper Miranda foundation was an initial error, subsequent rebuttal testimony fully established compliance, dissipating the error and rendering the evidence admissible for impeachment and to infer conscio
• United States v. Foster
  309 F.2d 8· 4th Cir.· 1962-10-09 ·cited 2×
  The court held that the admission of evidence showing the defendant's resistance to lawful IRS investigations and his communication to his attorney was prejudicial error, requiring reversal.
• Sheely v. State
  392 So. 3d 576· Fla. 4th DCA· 2024-08-14 ·cited 1×
  A prosecutor's closing argument in a DUI case improperly shifts the burden of proof when it emphasizes that the defendant declined the opportunity to submit to field sobriety exercises or breathalyzer tests to dispel suspicions of impairment, as this suggests the jury should infe
• Newman v. State
  390 So. 3d 1262· Fla. 5th DCA· 2024-07-26 ·cited 1×
  A defendant who voluntarily cooperates with police and provides a DNA sample cannot claim that testimony about his initial hesitation before providing the sample violates his privilege against self-incrimination, and any such error would be harmless given the overwhelming DNA evi
• State v. Barone
  374 So. 3d 31· Fla. 4th DCA· 2023-11-08 ·cited 1×
  A law enforcement officer may request and require field sobriety exercises based on reasonable suspicion alone that a driver has committed a DUI, and the driver's consent is immaterial to the legality of the request. The trial court erroneously applied a probable cause standard a
• State v. Garcia
  338 So. 3d 847· Fla.· 2022-05-19 ·cited 1×
  When reviewing the sufficiency of evidence supporting a conviction, courts must apply the competent, substantial evidence standard regardless of whether the evidence is direct or circumstantial.
• McRoberts v. State
  333 So. 3d 240· Fla. 4th DCA· 2022-02-16 ·cited 1×
  Scott McRoberts was convicted of traveling to meet a minor to commit an unlawful sex act after law enforcement posed as a 13-year-old girl online. The Fourth District Court of Appeal reversed his conviction, holding that the trial court erred by allowing the State to present evid
• Ellison v. State
  271 So. 3d 1045· Fla. 4th DCA· 2019-05-29 ·cited 1×
  The court reversed appellant's robbery conviction due to erroneous admission of hearsay evidence. A non-eyewitness identified appellant from a surveillance video, and this out-of-court identification statement was admitted at trial despite lacking the reliability requirements of
• Alvarez v. State
  238 So. 3d 283· Fla. 4th DCA· 2018-02-14 ·cited 1×
  Robert W. Alvarez appeals his convictions for two counts of first-degree murder and one count of robbery, all occurring during a convenience store robbery. The appellate court affirms the convictions despite the State's reliance entirely on circumstantial evidence, finding the ev
• Baez v. State
  235 So. 3d 1028· Fla. 2d DCA· 2018-01-05 ·cited 1×
  The trial court abused its discretion by excluding jailhouse informant testimony that Charles Pandolfo stated police had the "wrong guy," as the statement met all requirements for admission as a statement against interest under Florida Statutes § 90.804(2)(c), and the error was n
• Robinson v. State
  198 So. 3d 1088· Fla. 4th DCA· 2016-08-24 ·cited 1×
  Cheryl Robinson appeals her conviction for battery-related offenses stemming from an altercation. The Fourth District Court of Appeal reversed and remanded, finding that the trial court committed reversible error by failing to hold Richardson hearings regarding both the State's l
• Harrigan v. State
  184 So. 3d 657· Fla. 3d DCA· 2016-02-10 ·cited 1×
  Harrigan appeals his convictions for fleeing police, reckless driving, grand theft of a motor vehicle, and other offenses arising from a high-speed chase in a stolen truck. The appellate court affirmed, finding no Brady violation regarding a surveillance video from the initial th
• Wetherington v. State
  135 So. 3d 584· Fla. 1st DCA· 2014-04-16 ·cited 1×
  Kenneth Ellis Wetherington appeals his felony DUI conviction after a bifurcated jury trial. The appellate court found that testimony regarding statements Wetherington made to a police officer about being the driver was erroneously admitted in violation of Florida's accident repor
• Dendy v. State
  896 So. 2d 800· Fla. 4th DCA· 2005-02-09 ·cited 1×
  Walter Dendy was convicted of second-degree murder in the killing of Leonard Houda following a sulfuric acid attack orchestrated as a murder-for-hire. On appeal, Dendy challenged the admission of his custodial statement, arguing the Miranda warning was constitutionally deficient
• Swain v. Singletary
  42 F. Supp. 2d 1284· M.D. Fla.· 1999-02-19 ·cited 1×
  The court held that the petitioner was not entitled to habeas corpus relief on any of his grounds, as his claims were either procedurally barred, harmless error, or not supported by the record.
• Peoples v. State
  Fla. 1st DCA· 2026-09-02
  Evidence of an impulsive overreaction to a sudden attack by an unarmed aggressor, without prior animosity or evidence of premeditated malice, is insufficient to support a second-degree murder conviction and supports only manslaughter. The conviction for second-degree murder was r
• Luna v. State
  Fla. 6th DCA· 2026-03-27
  The court held that the trial court did not commit fundamental error by admitting evidence of the defendant's failure to appear at a meeting with law enforcement.
• Cinthia Vargas v. State
  Fla. 3d DCA· 2026-03-18
  Cinthia Vargas appeals her DUI conviction, challenging the trial court's allowance of officer testimony about DUI arrest practices and the admission of evidence regarding her refusal to take a breathalyzer test. The Third District Court of Appeal affirms the conviction, finding n
• Kent v. State
  Fla. 3d DCA· 2026-03-11
  Andrew Kent appeals his conviction for possession of cocaine, possession of paraphernalia, and giving a false name, challenging the trial court's denials of his motions to suppress the traffic stop, sever charges, and declare a mistrial. The appellate court affirmed, finding the
• United States v. Rodrick Maurice Hamilton
  11th Cir.· 2026-03-09
  Rodrick Maurice Hamilton was convicted of conspiracy and attempted Hobbs Act robbery following an armed robbery at a convenience store in Miami. On appeal to the Eleventh Circuit, Hamilton challenged his convictions on multiple grounds, including a flight instruction, alleged pro
• Def. I.D. # 2108001587A v. Rhandy D. Massey
  Del. Super. Ct.· 2026-01-15
  Defendant Rhandy D. Massey filed a Rule 61 motion for postconviction relief claiming eight counts of ineffective assistance of counsel and one count of prosecutorial misconduct. The Superior Court denied all claims, finding that defendant failed to meet the Strickland standard an
• Young v. State
  Fla. 1st DCA· 2025-07-09
  The prosecutor's opening statement did not constitute fundamental error, and the trial court did not abuse its discretion in admitting ankle monitor evidence. The overwhelming evidence of guilt, including Young's own admissions, corroborating physical evidence, and surveillance f
• McInnis v. State
  Fla. 1st DCA· 2025-03-05
  The trial court properly denied McInnis's motion for judgment of acquittal on the first-degree murder charge because competent, substantial evidence supported the jury's finding of premeditation, including witness testimony of the souring relationship, McInnis's text message abou
• Jones v. Sec'y, Fla. Dep't of Corr. (Duval County)
  M.D. Fla.· 2024-09-25
  Rashane Jones, a Florida inmate convicted of three counts of attempted second-degree murder and one count of felon in possession of a firearm, filed a federal habeas corpus petition under 28 U.S.C. § 2254 challenging his 2014 state court conviction. The District Court for the Mid
• Neal v. State
  Fla. 2d DCA· 2023-08-18
  Ronnie O'Neal III appealed his convictions and sentences for multiple murders and other crimes. The appellate court affirmed the judgment and sentences, finding that his arguments lacked merit, including the denial of his Stand Your Ground motion and the admission of crime scene
• Obrien v. State
  Fla. 4th DCA· 2023-07-19
  The appellate court affirmed a DUI conviction, holding that the defendant failed to preserve most of his arguments for appeal by not properly objecting or renewing objections during jury selection. The court also found the State's closing argument regarding the defendant's refusa
• Rivera v. State of Del.
  Del.· 2023-02-13
  The Delaware Supreme Court affirmed the Superior Court's judgment, finding no error in the denial of the defendant's motion to suppress, the admission of DNA evidence, the handling of alleged prosecutorial misconduct, or the sufficiency of the evidence. The court also held that t
• Bei Jing Han Tong San Kun Ke Ji You Xian Gong Si v. Atl. Med. Prods., LLC
  M.D. Fla.· 2023-01-27
  Evidence of a prior Florida Bar complaint is admissible to show intent, motive, or lack of mistake, but evidence of defendant's contact with potential witnesses is inadmissible due to undue prejudice.
• Stephens v. State
  Fla. 2d DCA· 2022-12-02
  David Stephens appealed his conviction for sexual battery, arguing insufficient evidence. The appellate court affirmed, finding that DNA and fingerprint evidence, combined with Stephens's admissions and potentially inconsistent statements, were sufficient to support the convictio
• Goldbach v. State
  Fla. 4th DCA· 2022-11-23
  The appellate court affirmed a DUI conviction, finding that while the prosecution committed "golden rule" violations during voir dire and closing arguments by asking jurors to place themselves in the defendant's position, these errors were harmless and did not deny the defendant
• Knowles v. State
  Fla. 1st DCA· 2022-04-13
  Trial counsel was not ineffective for advising Knowles not to testify, failing to renew an objection to consciousness of guilt evidence, or allegedly conceding guilt during closing arguments, and cumulative error cannot be established absent underlying error.
• Padron v. Sec'y, Fla. Dep't of Corr.
  S.D. Fla.· 2021-10-26
  The court held that the petitioner failed to establish ineffective assistance of counsel on any of his claims and denied his petition for a writ of habeas corpus.
• Roberts v. State
  Fla. 1st DCA· 2021-02-25
  The appellate court reversed a conviction for possession of a controlled substance, finding insufficient evidence of dominion and control. The court affirmed the conviction for witness tampering.
• Hathaway v. State
  Fla. 1st DCA· 2021-01-28
  The appellate court affirmed a defendant's convictions and sentences for murder, burglary, kidnapping, and robbery, as well as the revocation of his probation. The court found sufficient evidence to support the jury's verdict, rejecting the defendant's argument that the evidence
• Kalivretenos v. State
  Fla. 4th DCA· 2020-06-24
  Julie Michele Kalivretenos appeals her conviction for burglary of a dwelling, arguing that the trial court erred in allowing the State to comment on and elicit testimony regarding her post-Miranda right to silence, and that her defense counsel was ineffective for failing to objec
• Alford v. State
  Fla. 2d DCA· 2020-02-12
  The appellate court reversed a conviction for attempted first-degree murder because the trial court improperly allowed evidence of the defendant's move to Pennsylvania as consciousness of guilt. The court found no sufficient nexus between the move and the crime, and the error was
• Howard v. State
  Fla. 2d DCA· 2020-01-15
  The appellate court reversed a conviction for first-degree murder and firearm possession, finding that the prosecutor's improper use of the defendant's pre-arrest, pre-Miranda silence as evidence of guilt constituted ineffective assistance of counsel. This ruling clarifies the ap
• Mathis v. State
  Fla. 1st DCA· 2019-12-31
  The appellate court affirmed a conviction for sexual battery and lewd/lascivious molestation. The court held that evidence of the defendant's suicide attempt was admissible as consciousness of guilt, and that a jury instruction was not fundamentally erroneous.
• Giardina v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2019-10-16
  Michael Giardina, convicted of aggravated battery for stabbing Christopher Carpentier, filed a federal habeas corpus petition claiming ineffective assistance of counsel and challenging jury instructions on self-defense under Florida's Stand Your Ground law. The district court den
• Roberts v. State
  Fla. 1st DCA· 2019-08-23
  A peremptory challenge based on a prospective juror's limited understanding of a burden of proof hypothetical and knowledge of marijuana prices is race-neutral and does not constitute discrimination when other jurors with similar characteristics were seated. A trial court properl
• Monts v. State
  Fla. 5th DCA· 2019-08-08
  Bobbie Lee Monts appeals his felony battery conviction, challenging the admission of jail communications suggesting alibi fabrication and the trial court's limitation of cross-examination regarding the victim's deferred prosecution agreement. The court affirmed the conviction, fi
• Waters
  Del. Super. Ct.· 2019-06-13
  The Court denied the Defendant's motion for a new trial, finding that while the Cell Site Location Information (CSLI) evidence was obtained in violation of the Fourth Amendment as established by Carpenter v. United States, the Defendant's guilt for manslaughter and related charge
• Medina v. State
  254 So. 3d 1148· Fla. 4th DCA· 2018-09-05
  An erroneous Stand Your Ground jury instruction does not constitute fundamental error where the defendant was not engaged in unlawful activity and was in a place where he had a right to be, and admissions of intentionally lying to police and doctors are admissible to show conscio
• Jamar K. Thompson v. State of Del.
  Del.· 2018-07-24
  The Superior Court's finding that the appellant violated his probation is affirmed. The court held that the appellant's due process rights were not violated by untimely or incomplete disclosure of evidence, as he did not request a continuance and failed to demonstrate prejudice.
• Williams v. State
  244 So. 3d 318· Fla. 4th DCA· 2018-04-25
  In a Jimmy Ryce civil commitment proceeding, the trial court abused its discretion by admitting hearsay evidence of three prior incidents that lacked indicia of reliability: two cases where the State filed no charges and one where the defendant was acquitted of the sexual charge.
• Gentry v. State
  15th Cir. Ct. App. Div.· 2017-04-25
  Daniel K. Gentry appeals his DUI conviction, challenging the prosecutor's closing argument comments that invited the jury to infer impairment from Gentry's failure to explicitly deny being under the influence to the arresting officer. The appellate court affirmed the conviction d