Presumption Of Innocence

1,266 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• State v. Adkins
  96 So. 3d 412· Fla.· 2012-07-12 ·cited 1048×
  The Florida Supreme Court held that section 893.13 of Florida's Comprehensive Drug Abuse Prevention and Control Act, as amended by section 893.101, is constitutional despite eliminating knowledge of the illicit nature of a controlled substance as an element of the offense and mak
• State v. Dixon
  283 So. 2d 1· Fla.· 1973-07-26 ·cited 948×
  Florida's Supreme Court upheld the constitutionality of Florida's new capital punishment statute (effective December 8, 1972) following the U.S. Supreme Court's decision in Furman v. Georgia, which had invalidated prior death penalty schemes. The Court rejected challenges that th
• United States v. Orange Jell Beechum
  582 F.2d 898· 5th Cir.· 1978-10-25 ·cited 729×
  The dissent argues the majority misinterpreted Federal Rule of Evidence 404(b) by broadly allowing evidence of other crimes, wrongs, or acts, effectively overruling prior precedent ('Broadway') without sufficient justification.
• Curley v. United States
  160 F.2d 229· D.C. Cir.· 1947-01-13 ·cited 353×
  The court held that the jury's verdict of guilt against the appellant was not supported by sufficient evidence to exclude every reasonable hypothesis of innocence.
• State v. Batraville Vincent Delva
  575 So. 2d 643· Fla.· 1991-02-21 ·cited 319×
  Failure to instruct a jury that the defendant knew the substance was cocaine is not fundamental error when the defendant's knowledge of the nature of the substance was not an issue in the case, even absent trial objection. Such error may only be preserved through contemporaneous
• Hoyt Dan Davis v. State
  90 So. 2d 629· Fla.· 1956-11-16 ·cited 306×
  The court held that the circumstantial evidence was insufficient to sustain the conviction and that the trial judge's comments regarding the defendant's failure to testify improperly influenced the consideration of the motion for a new trial.
• United States v. Oates
  560 F.2d 45· 2d Cir.· 1977-06-03 ·cited 256×
  The court held that the chemist's report and worksheet were inadmissible hearsay under the Federal Rules of Evidence, requiring reversal and a new trial.
• United States v. Myers
  550 F.2d 1036· 5th Cir.· 1977-04-15 ·cited 245×
  The court held that the district court committed reversible error by refusing to strike the testimony of alibi rebuttal witnesses whose identities were not disclosed prior to trial, and by admitting evidence of a prior bank robbery for identification purposes.
• United States v. Vera
  701 F.2d 1349· 11th Cir.· 1983-04-04 ·cited 225×
  The court held that the district court did not abuse its discretion in restricting voir dire, denying a challenge for cause, or in denying motions for judgment of acquittal based on insufficient evidence. The prosecutor's comments during closing argument were also deemed not prej
• Murphy v. Florida
  W.D. Pa.· 1975-06-16 ·cited 223×
• Wardell Riley v. State
  366 So. 2d 19· Fla.· 1978-10-26 ·cited 218×
  Wardell Riley was convicted of two counts of first-degree murder and assault with intent to commit first-degree murder for a robbery-homicide. The Florida Supreme Court affirmed his convictions and non-death sentences but remanded for resentencing on one murder count because the
• Nance v. Warden, Georgia Diagnostic Prison
  922 F.3d 1298· 11th Cir.· 2019-04-30 ·cited 206×
  The Eleventh Circuit affirmed the district court's denial of the habeas petition, finding that the state court's decisions were not contrary to clearly established federal law or based on an unreasonable determination of facts.
• Akeem Muhammad v. State
  782 So. 2d 343· Fla.· 2001-01-18 ·cited 205×
  The Florida Supreme Court upheld Akeem Muhammad's conviction for the July 1995 murder of Jimmy Lee Swanson but vacated his death sentence and remanded for new sentencing proceedings. The court held that while the trial court properly denied Muhammad's waiver of the advisory jury
• United States v. Hoffa
  349 F.2d 20· 6th Cir.· 1965-07-29 ·cited 203×
  The court held that the "suggester system" for jury selection is not per se invalid and that the defendants failed to make a sufficient showing of discrimination to warrant a full investigation into the grand jury's composition. The court also held that the informant's testimony
• De Luna v. United States
  308 F.2d 140· 5th Cir.· 1962-08-15 ·cited 199×
  The court held that counsel for a testifying co-defendant cannot comment on the failure of another co-defendant to testify, as this violates the latter's Fifth Amendment rights.
• United States v. Jackson
  549 F.2d 517· 8th Cir.· 1977-02-08 ·cited 197×
  The court held that the trial court did not abuse its discretion in denying severance motions, conducting voir dire, or managing witness testimony, and that the evidence was sufficient to support the convictions.
• Ruiz v. State
  743 So. 2d 1· Fla.· 1999-04-01 ·cited 193×
  Walter Ruiz was convicted of first-degree murder and sentenced to death for a murder-for-hire killing. The Florida Supreme Court reversed his conviction and vacated his sentence due to egregious prosecutorial misconduct during both guilt and penalty phases of trial, including imp
• United States v. Bascaro
  742 F.2d 1335· 11th Cir.· 1984-10-01 ·cited 192×
  The court held that marijuana offenses can be the subject of a RICO charge and that wiretap applications, even if amended, are valid if probable cause exists independently of challenged information.
• Williamson v. Dugger
  651 So. 2d 84· Fla.· 1994-11-10 ·cited 172×
  Johnny Williamson, a death row inmate, sought habeas corpus relief and appealed the trial court's denial of his Rule 3.850 motion. The Florida Supreme Court affirmed the lower court's judgment, rejecting claims of ineffective assistance of counsel, prosecutorial misconduct, and i
• Fulton v. State
  335 So. 2d 280· Fla.· 1976-07-08 ·cited 169×
  Fred Fulton was convicted of second degree murder and sentenced to life imprisonment. The Florida Supreme Court reversed because the trial court improperly allowed the prosecution to cross-examine a defense witness about pending criminal charges unrelated to the case, violating t
• Billeci v. United States
  184 F.2d 394· D.C. Cir.· 1950-08-02 ·cited 158×
  The court held that the trial court erred in its instructions to the jury regarding inferences from a witness's refusal to testify based on self-incrimination, the failure to call equally available witnesses, and the judge's comments on the evidence, requiring reversal.
• Abraham v. Baldwin
  52 Fla. 151· Fla.· 1906-06-01 ·cited 157×
  In this slander case, the Florida Supreme Court reversed a judgment against defendants who called the plaintiff a thief and accused him of stealing a hoe, holding that the trial court erred by withdrawing from the jury the question of whether the statements constituted a privileg
• Crain v. State
  894 So. 2d 59· Fla.· 2004-10-28 ·cited 153×
  Willie Seth Crain was convicted of first-degree murder and kidnapping in the death of seven-year-old Amanda Brown, whose body was never found. The Florida Supreme Court affirmed the murder conviction and death sentence but reversed the kidnapping conviction, reducing it to false
• Consalvo v. State
  697 So. 2d 805· Fla.· 1996-10-03 ·cited 148×
  Robert Consalvo was convicted of armed burglary and first-degree murder in the stabbing death of Lorraine Pezza and sentenced to death. The Florida Supreme Court affirmed his convictions and death sentence, finding the evidence overwhelming and rejecting multiple appellate challe
• Mann v. United States
  319 F.2d 404· 5th Cir.· 1963-06-25 ·cited 148×
  The court held that a jury instruction creating a presumption of intent, which shifted the burden of proof to the defendant, constituted plain error affecting substantial rights, requiring reversal.
• State v. Arthur
  390 So. 2d 717· Fla.· 1980-11-20 ·cited 143×
  The Florida Supreme Court held that trial courts retain discretion to grant bail to defendants charged with capital offenses or life imprisonment when proof of guilt is evident or presumption is great, and that the state bears the burden of establishing these prerequisites before
• Singleton v. State
  783 So. 2d 970· Fla.· 2001-02-15 ·cited 142×
  Lawrence Singleton was convicted of first-degree murder for the February 1997 stabbing death of Roxanne Hayes and sentenced to death. The Florida Supreme Court affirmed his conviction and death sentence, rejecting eight claims of trial error including jury composition challenges,
• Bates v. State
  78 Fla. 672· Fla.· 1919-12-17 ·cited 142×
  Henry Bates was convicted of breaking and entering with intent to commit a felony based primarily on alleged admissions made while under arrest. The Florida Supreme Court reversed the conviction, finding the trial court erred by failing to conduct a proper in camera hearing on th
• United States v. McRAE
  593 F.2d 700· 5th Cir.· 1979-04-23 ·cited 139×
  The court held that the jury instructions, while containing language similar to the Mann charge, did not impermissibly shift the burden of proof to the defendant. The court also found that prosecutorial remarks, though improper, did not constitute reversible error given the overw
• State v. Vazquez
  419 So. 2d 1088· Fla.· 1982-09-14 ·cited 137×
  The Florida Supreme Court reviewed a district court's decision to reverse convictions for second-degree murder and firearm offenses, finding that while severance of the firearm possession count was mandated due to prejudice from admitting a prior felony conviction, the district c
• United States v. Seale
  461 F.2d 345· 7th Cir.· 1972-05-11 ·cited 135×
  The court held that a defendant is entitled to a jury trial for contempt charges if the aggregate sentence for multiple contemptuous acts exceeds six months, and that the trial judge should have inquired into the defendant's objections to his appointed counsel.
• United States v. Telfaire
  469 F.2d 552· D.C. Cir.· 1972-06-19 ·cited 134×
  The court suggests that issues like interracial identification are not ripe for model jury instructions due to insufficient data and the need for broader discussion.
• United States v. Sutherland
  428 F.2d 1152· 5th Cir.· 1970-04-29 ·cited 134×
  The court denied the government's petition for rehearing, finding that a new legal theory raised on rehearing would not be considered and that the cumulative evidence argument was valid.
• United States v. Wilson
  500 F.2d 715· 5th Cir.· 1974-09-18 ·cited 132×
  The court affirmed the convictions, finding no merit in the appellants' arguments regarding statutory vagueness, severance, admission of evidence, prosecutorial misconduct, or insufficiency of evidence.
• Demetree v. State of Fla. ex rel. John D. Marsh
  89 So. 2d 498· Fla.· 1956-09-12 ·cited 132×
  James Demetree appealed a contempt conviction and six-month jail sentence for violating an injunction that prohibited operating the Demetree Hotel as a house of prostitution. The Florida Supreme Court affirmed, holding that the contempt proceeding was criminal in nature and that
• Thalheim v. State
  38 Fla. 169· Fla.· 1896-06-01 ·cited 130×
  Carl Thalheim was convicted of embezzling funds belonging to a foreign corporation (Anglo-Continental Guano Works) while serving as its agent in Florida. The Florida Supreme Court reversed and remanded for a new trial, finding multiple errors in jury instructions regarding the am
• United States v. Garza
  608 F.2d 659· 5th Cir.· 1979-12-21 ·cited 128×
  Improper prosecutorial comments during closing arguments, which personally vouched for witness credibility and suggested the government had already determined guilt, constituted plain error affecting substantial rights, requiring reversal of the conviction.
• United States v. Dunn
  564 F.2d 348· 9th Cir.· 1977-11-11 ·cited 126×
  The court held that the evidence was insufficient to support the convictions of Dunn, Milligan, Mandeville, and Shinafelt for conspiracy and attempt to import hashish, but sufficient for Zeligs.
• Overton v. State
  801 So. 2d 877· Fla.· 2001-09-13 ·cited 125×
  Thomas Overton was convicted of the first-degree murders of a young pregnant couple in Florida and sentenced to death. The Florida Supreme Court affirmed his convictions and death sentences, rejecting challenges to jury composition, DNA evidence handling, expert testimony, and th
• Hall v. United States
  419 F.2d 582· 5th Cir.· 1969-11-12 ·cited 125×
  The conviction should be affirmed because reversible error was not demonstrated, despite some potentially improper prosecutorial remarks.
• STANDARD JURY INSTRUCTIONS IN CRIM. CASES (97-1)
  697 So. 2d 84· Fla.· 1997-07-10 ·cited 124×
  The Florida Supreme Court adopted recommended amendments to the Florida Standard Jury Instructions in Criminal Cases, updating instructions for various offenses including trafficking, murder, sexual crimes, and new offenses like carjacking and home invasion robbery.
• United States v. Jacquillon
  469 F.2d 380· 5th Cir.· 1972-11-01 ·cited 123×
  The court held that probable cause existed for the arrest, the evidence seized was admissible, and the conviction was supported by sufficient evidence of intimidation under the statute.
• United States v. Hewitt
  663 F.2d 1381· 11th Cir.· 1981-12-18 ·cited 122×
  The court held that the evidence was sufficient to convict Chesser of aiding and abetting the use of an explosive to commit a felony, and that Chesser's double jeopardy claim based on a prior acquittal was meritless. The court also found no reversible error in the denial of a con
• United States v. Craven
  478 F.2d 1329· 6th Cir.· 1973-05-08 ·cited 122×
  The court held that the evidence was sufficient to support the defendant's convictions for firearms and narcotics violations, and that the statute prohibiting indicted persons from receiving firearms in interstate commerce is constitutional.
• Elledge v. Dugger
  823 F.2d 1439· 11th Cir.· 1987-07-20 ·cited 119×
  The court held that shackling a defendant at the sentencing phase of a bifurcated state trial, under specific circumstances including the defendant's status as a convicted violent felon and the absence of a defense request for a hearing, does not violate the Constitution.
• Anderson v. Nosser
  438 F.2d 183· 5th Cir.· 1971-02-10 ·cited 119×
  The court granted a petition for rehearing en banc, vacating the prior panel decision.
• United States v. Darwin Clark Bailey
  468 F.2d 652· 5th Cir.· 1972-09-14 ·cited 118×
• Dufour v. State
  495 So. 2d 154· Fla.· 1986-09-04 ·cited 117×
  Donald William Dufour was convicted of first-degree murder and sentenced to death for the robbery and execution-style killing of a homosexual victim in an orange grove. The Florida Supreme Court affirmed both the conviction and death sentence, rejecting numerous appellate challen
• Holloway v. Clay E. McELROY
  632 F.2d 605· 5th Cir.· 1980-12-11 ·cited 115×
  The court held that the state impermissibly shifted the burden of persuasion on the issue of self-defense to the defendant, violating due process, and that the evidence was insufficient to support the conviction under the Jackson v. Virginia standard.
• Margoles v. United States
  407 F.2d 727· 7th Cir.· 1969-03-04 ·cited 112×
  The court held that the trial court's procedures during voir dire and throughout the trial were adequate to protect the petitioner's right to a fair trial despite prejudicial publicity.