Premeditation And Deliberation

22 Florida cases classified under this topic · sorted by citation count · browse and sort

• Comer Blocker v. United States
  288 F.2d 853· D.C. Cir.· 1961-03-03 ·cited 79×
  The court clarifies that the Douglas opinion did not limit jury consideration of expert testimony solely to cases with disagreement among psychiatrists or expert testimony supporting guilt.
• Howard v. United States
  389 F.2d 287· D.C. Cir.· 1967-12-06 ·cited 62×
  The submission of a first-degree murder charge to the jury, even if unsupported by evidence, was harmless error when the jury returned a verdict of second-degree murder, and the defendant suffered no prejudice.
• United States v. Thunder
  604 F.2d 550· 8th Cir.· 1979-08-03 ·cited 36×
• Jones v. United States
  296 F.2d 398· D.C. Cir.· 1961-10-05 ·cited 34×
  The court held that a defendant's statements requesting an attorney and declining to make a statement, made shortly after a crime and in response to simple questions, are admissible as evidence of his state of mind, particularly to show deliberation and premeditation, and do not
• Davis v. Wyrick
  766 F.2d 1197· 8th Cir.· 1985-06-28 ·cited 28×
  The court held that the petitioner is not entitled to habeas corpus relief because his claims regarding competency, prosecutorial misconduct, insufficient evidence, trial court bias, and jury selection lack merit or are unexhausted.
• Green v. United States
  218 F.2d 856· D.C. Cir.· 1955-01-20 ·cited 26×
• Mellott Faust v. State OF N.C.
  307 F.2d 869· 4th Cir.· 1962-09-06 ·cited 18×
  A conviction is not a denial of due process if there is *some* evidence, even if insufficient under state law.
• Williams v. Crispus NIX
  751 F.2d 956· 8th Cir.· 1985-01-07 ·cited 16×
  The court held that the petitioner's remaining arguments for habeas corpus relief lacked merit, affirming the denial of the petition. Procedural defaults barred consideration of certain claims, and others failed on the merits.
• Dante Ferrazza v. Mintzes
  735 F.2d 967· 6th Cir.· 1984-05-25 ·cited 16×
  Due process does not require a lesser included homicide offense instruction when the evidence clearly supports a first-degree murder conviction and does not warrant an instruction on a less culpable intent.
• Paddy v. United States
  143 F.2d 847· 9th Cir.· 1944-06-17 ·cited 14×
  The court held that an appeal filed outside the prescribed time limits, without meeting the exception for timely motions for a new trial, must be dismissed for lack of jurisdiction.
• United States v. Brooks
  449 F.2d 1077· D.C. Cir.· 1971-06-29 ·cited 12×
  The court held that even if pretrial identification procedures were suggestive, the admission of resemblance testimony was harmless error given the overwhelming independent evidence of guilt, and that sufficient evidence of premeditation supported the first-degree murder convicti
• Tucker v. United States
  318 F.2d 221· D.C. Cir.· 1963-03-07 ·cited 6×
  The court held that ambiguous jury instructions regarding the insanity defense and the distinction between first and second-degree murder did not constitute prejudicial error requiring reversal.
• Pittman v. Sec'y, Fla. Dep't OF Corr., Attorney Gen., State of Fla.
  871 F.3d 1231· 11th Cir.· 2017-09-22 ·cited 4×
  David Joseph Pittman, convicted of three murders in Florida in 1990, sought federal habeas relief under 28 U.S.C. § 2254, raising two claims: (1) that the trial court violated his Sixth Amendment right to present a meaningful defense by excluding testimony from death row inmate G
• The People OF the Territory OF Guam v. Atoigue
  508 F.2d 680· 9th Cir.· 1974-12-23 ·cited 2×
  The court held that the evidence presented was sufficient to support the jury's verdict of first-degree murder and that the defendant's motion for a transfer of venue was properly denied.
• Pruett v. Thompson
  996 F.2d 1560· 4th Cir.· 1993-05-25 ·cited 1×
  The court affirmed the denial of the habeas corpus petition, finding that Pruett's claims were procedurally defaulted and did not meet the exceptions for cause and prejudice or actual innocence.
• Clark v. State
  Fla. 1st DCA· 2025-02-12
  Evidence was sufficient to support Clark's first-degree murder conviction under theories of both principal to premeditated murder and felony murder, even absent direct evidence that Clark fired the fatal shots. Clark's presence at the scene, his flight with the shooter, and his p
• Tonisha Lache Crowell v. State
  Fla. 1st DCA· 2019-09-18
  The trial court did not abuse its discretion in instructing the jury on torture and caging theories of aggravated child abuse because the evidence supported these instructions, and even if error occurred, it was harmless given the jury's general guilty verdict and adequate eviden
• Epperly v. E.L. Booker
  997 F.2d 1· 4th Cir.· 1993-06-15
  The court held that the circumstantial evidence was constitutionally sufficient to support a rational jury's finding of first-degree murder, and that the prosecutor's alleged misconduct did not violate due process.
• United States v. Wilson
  992 F.2d 156· 8th Cir.· 1993-04-23
  The court is compelled by precedent to affirm the sentence, despite concerns about using relevant conduct for sentencing increases.