Consciousness Of Guilt

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

• Ragin v. State
  186 So. 3d 589· Fla. 4th DCA· 2016-02-24
  Ragin appeals his conviction for possession of cannabis with intent to sell, challenging the trial court's exclusion of evidence regarding a civil forfeiture settlement in which police returned half of seized currency to him. The Fourth District DCA reversed, holding that evidenc
• State of Del. v. Wilkerson
  Del. Super. Ct.· 2015-11-10
  The Delaware Superior Court denied the defendant's motion for postconviction relief, finding that his defense counsel provided effective assistance and that his guilty plea was knowing, intelligent, and voluntary. The court rejected numerous claims of ineffective assistance, incl
• DHSMV v. Luttrell
  9th Cir. Ct. App. Div.· 2015-01-06
  Petitioner sought review of an administrative order suspending his driver's license following a DUI arrest. The Ninth Judicial Circuit Court upheld the suspension, rejecting challenges to the non-service of a witness subpoena, the authority of an out-of-jurisdiction officer to co
• In & for New Castle Cnty.
  Del. Super. Ct.· 2014-12-22
  The court denied the defendant's motion to dismiss and/or for judgment of acquittal, finding sufficient evidence to convict the defendant of twenty-five counts of unlawfully dealing in child pornography. The court held that the prosecution did not violate double jeopardy principl
• Brown v. State
  15th Cir. Ct. App. Div.· 2014-11-04
  Brown was convicted of battery after a jury instruction on flight and consciousness of guilt was given at trial. The appellate court reversed the conviction and remanded for a new trial, finding that the flight instruction violated established Florida Supreme Court precedent proh
• Francois v. State
  132 So. 3d 1206· Fla. 3d DCA· 2014-02-19
  The court held that the trial court erred in admitting testimony about rifles found in the defendant's residence, as the evidence was irrelevant and its admission was not harmless beyond a reasonable doubt.
• Bowers v. State
  104 So. 3d 1266· Fla. 4th DCA· 2013-01-09
  Richard Bowers appeals his convictions for burglary and criminal mischief, challenging the trial court's admission of a detective's video identification testimony and evidence of his failure to appear at a prior trial date. The Fourth District affirmed, finding the identification
• Bazemore v. State
  79 So. 3d 828· Fla. 2d DCA· 2011-12-30
  Eric Bazemore appeals his convictions for accessory after the fact to first-degree murder, accessory after the fact to shooting into a vehicle, and attempted second-degree murder. The appellate court reversed the attempted second-degree murder conviction due to an erroneous jury
• Maldonado v. State
  64 So. 3d 166· Fla. 4th DCA· 2011-06-29
  David Maldonado appeals his conviction and life sentence as a habitual felony offender for attempted first-degree murder and attempted robbery of a deputy sheriff. The Fourth District Court of Appeal affirms, finding that evidence including the defendant's recorded statement, sei
• In & for New Castle Cnty.
  Del. C.P.· 2011-05-02
  The Court found the defendant guilty of Driving Under the Influence (DUI). The information was sufficient, and while certain statements made by the defendant were inadmissible due to a failure to establish a knowing and intelligent waiver of Miranda rights, other evidence suffici
• Hayward v. State
  59 So. 3d 303· Fla. 2d DCA· 2011-04-20
  Jason Lee Hayward was convicted of felony DUI after the trial court allowed impeachment evidence of a prior 1992 DUI conviction, ruling that Hayward's testimony about distrusting breath-testing machines "opened the door" to such evidence. The appellate court reversed, holding tha
• Pesci v. State
  963 So. 2d 780· Fla. 3d DCA· 2007-07-18
  James Pesci appeals his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act, challenging the trial court's admission of hearsay evidence regarding an uncharged sexual offense in New York. The court affirmed, holding that hearsay evidence is admissible u
• White
  Del.· 2006-09-14
  The appellate court vacated the defendant's convictions for trafficking in cocaine over 100 grams and conspiracy to traffic in cocaine, finding insufficient evidence to support the jury's verdicts on those charges. The court affirmed the defendant's convictions on other charges.
• Torrealba v. State
  861 So. 2d 470· Fla. 3d DCA· 2003-11-19
  Rosa Elena Torrealba was convicted of sexual battery with great force and kidnapping after she lured a man to her apartment, misrepresented her ex-boyfriend's identity, intoxicated him, and facilitated his assault and rape by that ex-boyfriend. The appellate court affirmed her co
• Hurley Lee Brown v. State
  756 So. 2d 230· Fla. 3d DCA· 2000-04-26
  The court affirmed the convictions but reversed the sentences, finding the Gort Career Criminal Act unconstitutional due to a single-subject rule violation.
• Estopinan v. State
  710 So. 2d 994· Fla. 2d DCA· 1998-04-01
  The court held that the trial court erred in admitting out-of-court statements from a child victim without sufficient reliability findings and in allowing the State to comment on the defendant's absence as evidence of guilt.
• Jenkins v. State
  697 So. 2d 228· Fla. 4th DCA· 1997-07-30
  Paul Wesley Jenkins was convicted of first-degree murder after a jury trial. The appellate court affirmed his conviction, holding that testimony about Jenkins' threat to an eyewitness was properly admitted as evidence of consciousness of guilt and to rebut his self-defense claim,
• United States v. Murphy
  996 F.2d 94· 5th Cir.· 1993-07-13
  The court held that the district court did not err in submitting a flight instruction, nor in admitting expert testimony, and that prosecutorial comments during closing arguments did not constitute misconduct or plain error.
• United States v. Rodriguez
  993 F.2d 1170· 5th Cir.· 1993-06-14
  The court held that Rodriguez's Sixth Amendment right to counsel was violated when the FBI took his statement without his appointed counsel present, and that the evidence was sufficient to convict Napoles and Guerra. The court also held that the voir dire did not violate Napoles'
• United States v. Gatto
  995 F.2d 449· 3d Cir.· 1993-05-18
  The court held that evidence of a defendant's courtroom conduct, including intimidating looks at a witness and the presence of an associate, is admissible under Federal Rule of Evidence 404(b) to show consciousness of guilt, and prosecutorial comments on such evidence are permiss
• United States v. Augustine Chikadili Okayfor (92-1706)
  996 F.2d 116· 6th Cir.· 1993-05-14
  The court affirmed one defendant's conviction but vacated and remanded sentences for both defendants, holding that the district court erred by not making specific factual findings regarding the scope of each defendant's jointly undertaken criminal activity for sentencing purposes
• Harold v. State
  579 So. 2d 908· Fla. 5th DCA· 1991-05-30
  Anthony Harold appealed his convictions for trafficking in cocaine and possession of marijuana, challenging the sufficiency of evidence and the trial court's admission of evidence regarding his failure to appear for trial. The Fifth District Court of Appeal affirmed his convictio
• S.N. v. State
  563 So. 2d 202· Fla. 3d DCA· 1990-06-26
  The court held that the defendant's objection was not properly preserved for appeal and, even if it were, the error was harmless.
• United States v. Gonzalez
  436 F.2d 298· D.C. Cir.· 1970-12-07
  The court held that the evidence was sufficient to support the jury's verdict of manslaughter.