Presumption Of Innocence

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

• United States v. Hall
  525 F.2d 1254· 5th Cir.· 1976-01-14 ·cited 24×
  The court held that two jury instructions given at trial were erroneous and prejudicial, requiring reversal of the conviction.
• United States v. Pepe
  501 F.2d 1142· 10th Cir.· 1974-08-20 ·cited 24×
  The court held that the jury instructions, when viewed as a whole, adequately apprised the jury of the reasonable doubt standard and the presumption of innocence, despite some less-than-ideal phrasing.
• United States v. JIT SUN LOO
  478 F.2d 401· 9th Cir.· 1973-04-27 ·cited 24×
  The court held that the warrantless arrest of the appellants was unlawful due to lack of probable cause, rendering the subsequent search and seizure invalid and the evidence inadmissible. The court also held that there was insufficient evidence to convict one appellant of conspir
• United States v. Teodoro Davila-Nater
  474 F.2d 270· 5th Cir.· 1973-02-05 ·cited 24×
  The dissenting judge would hold that the trial judge abused judicial discretion by refusing to permit the prosecuting attorney to testify to correct perjured testimony offered by his own witness.
• United States v. Owens
  460 F.2d 467· 5th Cir.· 1972-05-11 ·cited 24×
  The court held that the government failed to prove beyond a reasonable doubt that the forged money orders were transported in interstate commerce after being falsely made or altered.
• Tapia v. Rodriguez
  446 F.2d 410· 10th Cir.· 1971-08-16 ·cited 24×
  The court held that improper references to a "mug book" containing photographs of suspects, while not ideal, did not constitute plain error and did not deny the defendant due process, nor was his trial counsel ineffective.
• Matthews v. United States
  449 F.2d 985· D.C. Cir.· 1971-03-04 ·cited 24×
  The court held that defense counsel's closing argument was prejudicial and undermined the defendant's only defense, constituting ineffective assistance of counsel.
• United States v. Calarco
  424 F.2d 657· 2d Cir.· 1970-04-16 ·cited 24×
  The court held that the trial court erred in its jury instructions regarding the consideration of co-conspirator statements, potentially violating due process by allowing hearsay to be used to prove guilt beyond a reasonable doubt.
• Burke v. United States
  388 F.2d 286· 8th Cir.· 1968-01-18 ·cited 24×
  The court held that the government presented sufficient evidence to support the jury's verdict of guilty for transporting a stolen motor vehicle in interstate commerce, knowing it was stolen.
• United States v. Harris
  388 F.2d 373· 7th Cir.· 1967-12-13 ·cited 24×
• Campbell v. United States
  269 F.2d 688· 1st Cir.· 1959-08-27 ·cited 24×
  The court held that the trial judge's conduct and instructions, while sometimes verbose or unclear, did not deprive the defendants of a fair trial, and affirmed the convictions.
• Smith v. United States
  268 F.2d 416· 9th Cir.· 1959-04-23 ·cited 24×
  The court held that the trial court committed reversible error by failing to instruct the jury that they must find admissions voluntary and by allowing the prosecutor to comment on the defendant's failure to testify.
• United States v. Morgan
  222 F.2d 673· 2d Cir.· 1955-05-19 ·cited 24×
  A conviction obtained without advising the defendant of his right to counsel and without an intelligent waiver thereof is void and requires relief, regardless of a showing of innocence or delay in seeking relief.
• Dallas v. State
  76 Fla. 358· Fla.· 1918-08-15 ·cited 24×
  T. T. Dallas was convicted of carnal intercourse with an unmarried female under 18 years of age of previous chaste character. The Florida Supreme Court reversed because the trial court improperly instructed the jury that every unmarried female is presumed chaste until proven othe
• Brown v. State
  46 Fla. 159· Fla.· 1903-06-01 ·cited 24×
  Willie Lillie Brown was convicted of manslaughter in the killing of Will Brown and sentenced to fifteen years in prison. On appeal, the Florida Supreme Court addressed four assignments of error relating to the admission of witness testimony and jury instructions, ultimately affir
• van Poyck v. Singletary
  715 So. 2d 930· Fla.· 1998-05-14 ·cited 23×
  William Van Poyck, a death row inmate, petitioned for a writ of habeas corpus, claiming ineffective assistance of appellate counsel for failing to properly raise jury selection issues and arguing his convictions for attempted felony murder were legally impossible. The Florida Sup
• Duckett v. State
  568 So. 2d 891· Fla.· 1990-09-06 ·cited 23×
  James Duckett, a police officer, was convicted of sexual battery and first-degree murder of an 11-year-old girl and sentenced to death. The Florida Supreme Court affirmed the convictions and death sentence, finding the circumstantial evidence sufficient to exclude all reasonable
• Ambry Dewitt Allen, Jr. v. Montgomery
  728 F.2d 1409· 11th Cir.· 1984-04-06 ·cited 23×
  The court held that the appellant failed to establish that the jury was sequestered at the sheriff's home and that the courtroom security measures, while potentially problematic, were reasonable given the threats and circumstances, thus not depriving him of a fair trial or his pr
• Hunt v. Roth
  648 F.2d 1148· 8th Cir.· 1981-05-13 ·cited 23×
  The court should not decide the constitutional question presented because the case is moot due to the defendant's conviction and the parties' stipulation does not create a justiciable controversy.
• Jones v. State
  378 So. 2d 797· Fla. 1st DCA· 1979-12-04 ·cited 23×
  This case reviews a second-degree murder conviction, focusing on whether the trial court improperly restricted the defendant's voir dire examination of prospective jurors. The appellate court found no reversible error due to an unclear record regarding the scope of the trial cour
• Sindrich v. State
  322 So. 2d 589· Fla. 1st DCA· 1975-12-03 ·cited 23×
  College students Mark Sindrich and Christopher Ken Takagi were convicted of possessing cannabis found in a locked truck cargo area they were hired to drive, despite having no key, knowledge of contents, or exclusive control. The appellate court reversed because the evidence faile
• United States ex rel. Zapp v. Dist. Dir. of Immigr. & Naturalization
  120 F.2d 762· 2d Cir.· 1941-06-06 ·cited 23×
  The court held that aliens are not entitled to release on habeas corpus based on pending criminal charges, nor do they have an absolute right to bail pending deportation proceedings.
• Warmington v. State
  149 So. 3d 648· Fla.· 2014-10-16 ·cited 22×
  The Florida Supreme Court held that a prosecutor impermissibly shifted the burden of proof by eliciting testimony from a detective about the defendant's failure to produce exculpatory documents during a pretrial investigation, even though the testimony was historically accurate.
• Dailey v. State
  965 So. 2d 38· Fla.· 2007-05-31 ·cited 22×
  James Dailey appeals the trial court's denial of his postconviction motion for relief and petitions for habeas corpus after being convicted of first-degree murder and sentenced to death for the 1985 killing of fourteen-year-old Shelley Boggio. The Florida Supreme Court affirms th
• United States v. Erwin Pascacio Clotida
  892 F.2d 1098· 1st Cir.· 1989-12-20 ·cited 22×
  The court held that a defendant who fails to renew a motion for acquittal after presenting evidence waives the motion, but the conviction can still be reviewed for manifest injustice. The court also held that mere presence at the scene of a crime, without more, is insufficient to
• United States v. Daniels
  770 F.2d 1111· D.C. Cir.· 1985-08-16 ·cited 22×
  The court held that the trial court did not err in refusing to sever Count 3, as the defendant was not unfairly prejudiced and the trial court properly exercised its discretion.
• United States v. Terry
  729 F.2d 1063· 6th Cir.· 1984-03-16 ·cited 22×
  The court held that the trial court did not err in admitting tape-recorded conversations and evidence of prior misconduct, and that the defendants' other alleged trial errors did not warrant reversal.
• United States v. Simmons
  670 F.2d 365· D.C. Cir.· 1982-02-09 ·cited 22×
  The dissenting judge would reverse the conviction due to prosecutorial misconduct, specifically threatening a potential defense witness.
• Payne v. Smith
  667 F.2d 541· 6th Cir.· 1981-12-24 ·cited 22×
  The dissenting judge held that the trial court's failure to instruct the jury on the presumption of innocence, combined with other trial circumstances, deprived the petitioner of a constitutionally fair trial.
• Myers v. State OF Wash.
  646 F.2d 355· 9th Cir.· 1981-05-26 ·cited 22×
  The majority opinion holds that the Wainwright v. Sykes rule is not implicated by the defendant's jury instruction claim, and that even if it were, the defendant satisfied the cause and prejudice requirements. The dissent disagrees with both holdings.
• Burton v. Bergman
  649 F.2d 428· 6th Cir.· 1981-05-21 ·cited 22×
  The dissenting judge argues that the majority erred in granting habeas relief based on a single word in jury instructions, as the instructions as a whole were not prejudicial and the conviction was supported by overwhelming evidence.
• United States v. Montoya-Camacho
  644 F.2d 480· 5th Cir.· 1981-05-06 ·cited 22×
  A defendant may plead guilty even if unwilling to admit commission of the crime, provided the plea is voluntary, knowing, and the record contains strong evidence of guilt.
• United States v. DeJOHN
  638 F.2d 1048· 7th Cir.· 1981-01-05 ·cited 22×
  The court held that the admission of 'bad acts' evidence, limitations on cross-examination, denial of a motion for acquittal, refusal of certain jury instructions, and the sentencing structure did not constitute reversible error.
• UTZ v. Honorable Maurice Cullinane
  520 F.2d 467· D.C. Cir.· 1975-10-03 ·cited 22×
  The court held that the routine dissemination of arrest records to the FBI, even when supplemented with disposition notations, is statutorily prohibited by the 'Duncan Ordinance' when not for strictly law enforcement purposes.
• United States v. Johnson
  507 F.2d 826· 7th Cir.· 1974-11-21 ·cited 22×
  A sentencing judge errs by considering facts underlying a separate, pending criminal charge against the defendant, even if related to the convicted offense.
• United States v. Gennaro J. Angiulo
  485 F.2d 37· 1st Cir.· 1973-10-11 ·cited 22×
  The court held that the trial court's supplementary instructions to a deadlocked jury, which departed from approved formulations and lacked balancing elements, were coercive and prejudicial.
• United States v. Ward
  481 F.2d 185· 5th Cir.· 1973-07-03 ·cited 22×
  The court held that the defendant was not denied impeachment opportunities and the prosecutor's comments on his silence did not constitute reversible error.
• United States v. Smith F. Brandom, Jr.
  479 F.2d 830· 8th Cir.· 1973-03-12 ·cited 22×
  The dissenting judge held that the trial judge's comments on the evidence were not impermissible or prejudicial, and thus the case should not be reversed and remanded on that ground.
• United States v. Butler
  446 F.2d 975· 10th Cir.· 1971-07-27 ·cited 22×
  The court held that the evidence was sufficient to support convictions for conspiracy to traffic heroin and conspiracy to sell heroin without a required order form for most defendants, but reversed convictions for three defendants due to insufficient evidence.
• United States v. Blosser
  440 F.2d 697· 10th Cir.· 1971-03-16 ·cited 22×
  The court held that the trial court did not err in denying a continuance, admitting evidence of pre-indictment transactions, or in its jury instructions, affirming the conviction.
• United States v. Barbour
  420 F.2d 1319· D.C. Cir.· 1969-10-09 ·cited 22×
  The court held that a trial judge's questioning of alibi witnesses, while requiring caution, did not constitute reversible error if it aimed at clarification and was not prejudicial.
• Lafayette Wood v. United States
  405 F.2d 423· 9th Cir.· 1968-12-30 ·cited 22×
  A federal indictment is not invalidated by hearsay evidence before the grand jury, and evidence of participation in a drug transaction is sufficient for conviction.
• Braley v. Gladden
  403 F.2d 858· 9th Cir.· 1968-11-21 ·cited 22×
  The court held that the trial judge's failure to provide a form for an acquittal verdict, coupled with instructions, constituted an impermissible judicial comment on guilt, denying the defendant a fair trial.
• Hield v. State
  201 So. 2d 235· Fla. 4th DCA· 1967-07-24 ·cited 22×
  A voluntary plea of guilty entered on advice of counsel is conclusive as to the defendant's guilt, waives all non-jurisdictional defects in prior proceedings, and cannot be collaterally attacked based on previously illegally obtained confessions or other procedural defects.
• The United States v. Kompinski
  373 F.2d 429· 2d Cir.· 1967-02-24 ·cited 22×
  The court held that the evidence was sufficient to support the convictions of both Kompinski and Evanco for receiving stolen vehicles and conspiracy, and that no prejudicial errors occurred during the trial.
• Barrett v. United States
  322 F.2d 292· 5th Cir.· 1963-09-05 ·cited 22×
  Statutory presumptions making unexplained presence at an unregistered still presumptive evidence of possession or carrying on the business of a distiller violate the Due Process Clause of the Fifth Amendment.
• Pool v. United States
  260 F.2d 57· 9th Cir.· 1958-10-13 ·cited 22×
  The court held that the trial court's instruction, which assumed a disputed fact, constituted harmless error because other instructions correctly submitted the factual issue to the jury and no objection was made at trial.
• Albano v. State
  89 So. 2d 342· Fla.· 1956-09-07 ·cited 22×
  Phillip Albano was convicted of violating Florida's lottery laws based on evidence including his silence when accused by accomplices while in custody. The Florida Supreme Court affirmed his conviction, holding that while the trial judge's failure to instruct the jury on the limit
• Snelling v. State
  49 Fla. 34· Fla.· 1905-01-01 ·cited 22×
  Loren Snelling was indicted for murder but convicted of manslaughter in Jackson County Circuit Court. The Florida Supreme Court reviews his writ of error, addressing evidentiary rulings regarding trespass and the deceased's status, jury charges on self-defense and reasonable doub
• Derral Wayne Hodgkins v. State
  175 So. 3d 741· Fla.· 2015-06-18 ·cited 21×
  The Florida Supreme Court reversed Derral Hodgkins' first-degree murder conviction and death sentence, finding the state's purely circumstantial evidence insufficient to sustain the conviction. The court held that DNA evidence placing Hodgkins' genetic material under the victim's