Mandatory Rebuttable Presumption

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

• Brooks v. Kemp
  762 F.2d 1383· 11th Cir.· 1985-05-31 ·cited 177×
  The court denied petitions for rehearing, with a dissenting opinion arguing the majority's prejudice test conflicts with Supreme Court precedent.
• State v. Brake
  796 So. 2d 522· Fla.· 2001-09-20 ·cited 64×
  The Florida Supreme Court reviewed a district court decision invalidating Florida Statute 787.025, which criminalizes luring a child under twelve into a structure by persons with prior sexual offense convictions. The Court held the statute is not unconstitutionally vague or overb
• Collins v. Francis
  728 F.2d 1322· 11th Cir.· 1984-03-15 ·cited 56×
  The court held that the trial judge's jury instruction on intent, while erroneous, was harmless beyond a reasonable doubt because the defendant's intent to kill was not a contested issue. The court also found that the statutory aggravating circumstance was properly applied and th
• Miller v. C.L. Norvell
  775 F.2d 1572· 11th Cir.· 1985-11-15 ·cited 43×
  The court held that the jury instructions and Fla.Stat. § 713.34(3) created an unconstitutional mandatory rebuttable presumption regarding intent to defraud, and this error was not harmless.
• Drake v. Francis
  727 F.2d 990· 11th Cir.· 1984-02-29 ·cited 34×
• Franklin v. Francis
  720 F.2d 1206· 11th Cir.· 1983-11-16 ·cited 29×
  A jury instruction creating a mandatory rebuttable presumption that a person intends the natural consequences of their voluntary acts unconstitutionally shifts the burden of proof on the element of intent, violating due process.
• Wilhelm v. State
  568 So. 2d 1· Fla.· 1990-09-06 ·cited 28×
  Wilhelm was convicted of DWI manslaughter after a jury instruction based on Florida's statutory presumption regarding blood-alcohol content. The Florida Supreme Court held that the instruction unconstitutionally created a mandatory rebuttable presumption that violated Wilhelm's d
• Carlton Rolle v. State
  528 So. 2d 1208· Fla. 4th DCA· 1988-04-27 ·cited 25×
  Carlton Rolle was convicted of felony DUI based on a blood alcohol level of 0.10% or higher. The court reversed his conviction, holding that the jury instruction implementing Florida's statutory presumption that a 0.10% BAC establishes impairment as a matter of law violates the D
• West v. State
  553 So. 2d 254· Fla. 4th DCA· 1989-11-22 ·cited 24×
  Russell West appeals his convictions for DUI manslaughter, driving with a suspended license, and violation of probation. The court reverses the DUI manslaughter conviction due to multiple evidentiary errors including admission of irrelevant drug evidence, privileged accident inve
• Wiley v. Gary Rayl & the Attorney Gen. of the State of Kan.
  767 F.2d 679· 10th Cir.· 1985-07-05 ·cited 16×
  The court held that a jury instruction creating a mandatory rebuttable presumption of criminal intent unconstitutionally shifted the burden of persuasion to the defendant.
• Marcolini v. State
  673 So. 2d 3· Fla.· 1996-01-18 ·cited 10×
  The Florida Supreme Court held that the current version of Florida's electricity theft statute, section 812.14(3), creates a constitutional permissive inference rather than an unconstitutional mandatory rebuttable presumption. The Court reversed the Fourth District's decision and
• Rock v. Zimmerman
  959 F.2d 1237· 3d Cir.· 1992-03-24 ·cited 10×
  The court held that an improper jury instruction regarding intent was not harmless error because the jury struggled with the presumption and was repeatedly misinstructed.
• Register v. State
  582 So. 2d 762· Fla. 1st DCA· 1991-07-11 ·cited 10×
  Larry Doyle Register was convicted of DUI manslaughter and challenged a jury instruction regarding blood alcohol levels as creating an unconstitutional presumption that shifted the burden of proof. The appellate court affirmed, distinguishing the case from Wilhelm v. State and ho
• Defuentes v. Dugger
  923 F.2d 801· 11th Cir.· 1991-02-08 ·cited 10×
  The court held that the jury instruction, when viewed in the context of the entire charge, did not create an unconstitutional mandatory rebuttable presumption that shifted the burden of proof to the defendant.
• Davis v. Maynard
  869 F.2d 1401· 10th Cir.· 1989-03-14 ·cited 10×
  The court affirmed the conviction but vacated the death sentence, finding that the jury instructions in the guilt phase did not unconstitutionally shift the burden of proof and that the exclusion of certain venire members was not reversible error. However, the court found the dea
• Wilhelm v. State
  544 So. 2d 1144· Fla. 2d DCA· 1989-06-14 ·cited 7×
  The court held that the jury instruction creating a mandatory rebuttable presumption of intoxication violated due process, but the error was harmless due to overwhelming evidence of intoxication.
• Brake v. State
  746 So. 2d 527· Fla. 2d DCA· 1999-12-10 ·cited 6×
  James Brake appealed his conviction for luring or enticing a child under section 787.025, challenging the constitutionality of the statute on vagueness grounds. The Florida District Court of Appeal agreed that the term "other than a lawful purpose" is unconstitutionally vague and
• Potts v. Kemp
  814 F.2d 1512· 11th Cir.· 1987-03-30 ·cited 6×
  A jury instruction creating a mandatory rebuttable presumption of intent is unconstitutional, but such an error can be harmless if the evidence of guilt is overwhelming.
• State v. Falcon
  556 So. 2d 762· Fla. 2d DCA· 1990-01-26 ·cited 4×
  Florida appealed the dismissal of an embezzlement charge against a contractor, arguing that section 713.34(3) was constitutional. The Second District Court of Appeal held that while the underlying embezzlement charge was valid, the statutory provision creating a prima facie evide
• Tatum v. State
  857 So. 2d 331· Fla. 2d DCA· 2003-10-15 ·cited 2×
  John Wayne Tatum was convicted of RICO based on dealing in stolen property. The Florida Second District Court of Appeal reversed and remanded for a new trial because the trial court improperly gave a special jury instruction based on Florida Statute § 812.022(4) without establish
• Hadassah v. Melcer
  268 So. 3d 759· Fla. 4th DCA· 2019-01-09
  Three sisters who are current distributees of an irrevocable trust challenged whether charities named as remainder beneficiaries qualify as "qualified beneficiaries" under the Florida Trust Code. The appellate court reversed the trial court's summary judgment, holding that the ch
• Senk v. Zimmerman
  886 F.2d 611· 3d Cir.· 1989-09-29
  Counsel's failure to challenge a jury instruction on intent was not ineffective assistance because the relevant constitutional law had not yet been clearly established at the time of trial.
• Busch v. State
  547 So. 2d 245· Fla. 4th DCA· 1989-07-19
  Ruth Busch was convicted of DWI-Manslaughter after a fatal automobile accident. The Florida Fourth District Court of Appeal found that the trial court's jury instruction on intoxication created an unconstitutional mandatory rebuttable presumption that shifted the burden to the de