Presumption Of Innocence

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

• Welcome v. Blackburn
  793 F.2d 672· 5th Cir.· 1986-07-03 ·cited 18×
  The court held that the petitioner's claims regarding jury instructions, jury composition, sufficiency of evidence, vagueness of aggravating circumstances, duplication of elements, and prosecutorial misconduct were without merit.
• United States v. Barrientos
  758 F.2d 1152· 7th Cir.· 1985-03-28 ·cited 18×
  The court held that while the trial court erred in failing to give a proper cautionary instruction regarding a co-defendant's midtrial acquittal, this error was not reversible. The conviction is affirmed.
• United States v. Ayres
  725 F.2d 806· 1st Cir.· 1984-01-19 ·cited 18×
  The court held that the agents had probable cause to arrest Ayres, and his subsequent statements at the police station were admissible despite the suppression of earlier statements made at the breachway. The court also found no reversible error in evidentiary rulings or jury view
• United States v. Harris
  703 F.2d 508· 11th Cir.· 1983-04-18 ·cited 18×
  The court held that a defendant appearing in clearly identifiable prison garb during voir dire, without a contemporaneous objection, is not harmless error if the evidence of guilt is not overwhelming, as it violates the presumption of innocence.
• Hammontree v. Phelps
  605 F.2d 1371· 5th Cir.· 1979-11-07 ·cited 18×
  The court held that the Louisiana statute creating a presumption of negligence from the violation of a statute is unconstitutional as applied, violating due process by shifting the burden of proof to the defendant.
• Gallie v. Wainwright
  362 So. 2d 936· Fla.· 1978-09-14 ·cited 18×
  Roland Gallie, convicted of cocaine possession, sought bond pending appeal of his conviction. The Florida Supreme Court upheld a statute and criminal rule prohibiting bail pending appeal for previously convicted felons whose civil rights have not been restored, rejecting both equ
• United States v. Erasmo Olivarez Flores
  564 F.2d 717· 5th Cir.· 1977-12-12 ·cited 18×
  Evidence of flight alone is insufficient to support a conviction for knowingly possessing marijuana with intent to distribute when the defendant was a passenger and there is no other evidence of knowledge.
• United States v. Dinklus Clark, Jr.
  506 F.2d 416· 5th Cir.· 1975-01-13 ·cited 18×
  The court affirmed the convictions of Clark and Baldwin for armed bank robbery, finding no reversible error in the trial court's rulings on jury selection, evidence admissibility, or jury instructions.
• Thomas v. Beto
  474 F.2d 981· 5th Cir.· 1973-02-28 ·cited 18×
  The court held that trying a defendant in jail garb, while a constitutional error, was harmless beyond a reasonable doubt in this specific case.
• United States ex rel. Alfred Stahl v. Henderson
  472 F.2d 556· 5th Cir.· 1973-01-11 ·cited 18×
  The court held that the trial court did not abuse its discretion in ordering the prisoner to be tried in restraints and prison garb, and that his counsel was not ineffective.
• United States v. Elmo Senior
  274 F.2d 613· 7th Cir.· 1960-02-08 ·cited 18×
  The court held that while the trial judge's questioning of a witness about a prior conviction was improper and potentially prejudicial, it did not affect the jury's verdict given the overall evidence. The court also found other jury instructions and rulings to be proper.
• Compton Shultz v. State
  131 Fla. 757· Fla.· 1938-03-10 ·cited 18×
  The court reversed a conviction for breaking and entering because the defendant was allegedly brought to trial in convict garb and chains, and the circumstantial evidence was insufficient. This case highlights the importance of the presumption of innocence and proper trial proced
• McDonald v. State
  55 Fla. 134· Fla.· 1908-01-01 ·cited 18×
  This case addresses whether an indictment using an abbreviation for a defendant's name constitutes legal error and whether jury instructions were sufficient. The court held that using a common abbreviation like "Jno." for "John" is not an error, especially when the defendant's id
• Dessaure v. State
  55 So. 3d 478· Fla.· 2010-10-07 ·cited 17×
  Kenneth Dessaure appeals the trial court's denial of his post-conviction relief motion and habeas petition following his conviction for first-degree murder and death sentence in the 1999 killing of Cindy Riedweg. The Florida Supreme Court affirms, rejecting claims that trial coun
• Easterly v. State
  22 So. 3d 807· Fla. 1st DCA· 2009-11-24 ·cited 17×
  Ivan Waylen Easterly appeals his conviction for sexual abuse of his stepdaughter, challenging the trial court's refusal to dismiss the information for failing to narrow the timeframe of alleged offenses, the admission of similar fact evidence of other molestation incidents, and a
• United States v. Nickens
  955 F.2d 112· 1st Cir.· 1992-01-29 ·cited 17×
  The court held that the district court did not abuse its discretion in denying a new trial based on juror English proficiency claims raised post-verdict, and that the prosecutor's rebuttal arguments, while improper, did not constitute plain error given the context of defense coun
• Norris v. Risley
  918 F.2d 828· 9th Cir.· 1990-11-08 ·cited 17×
  The presence of spectators wearing buttons that conveyed an implied message of guilt, without being subject to confrontation or cross-examination, created an unacceptable risk of prejudice, thus denying the defendant a fair trial.
• The People OF the Territory OF Guam v. Jae Hung Yang
  800 F.2d 945· 9th Cir.· 1986-09-25 ·cited 17×
  The court held that the trial court's jury instructions on reasonable doubt and weighing conflicting evidence did not constitute plain error, and thus the conviction was properly affirmed.
• United States v. Appoloney
  761 F.2d 520· 9th Cir.· 1985-05-06 ·cited 17×
  The court held that the defendant's convictions were valid, rejecting claims of judicial prejudice, improper IRS procedure, Fifth Amendment violations, suppression of evidence, and ineffective assistance of counsel.
• Doyall Tompkins v. State
  386 So. 2d 597· Fla. 5th DCA· 1980-08-06 ·cited 17×
  Doyall Tompkins was convicted of sexual battery committed while an inmate at a correctional facility and sentenced to thirty years. On appeal, he challenged various trial procedures including the appearance of state witnesses in prison clothing, voir dire questions about his inma
• Diecidue v. State
  131 So. 2d 7· Fla.· 1961-05-24 ·cited 17×
  Frank Diecidue was convicted of violating Florida's lottery laws based on circumstantial evidence that bolita paraphernalia was found in his home during a raid. The Florida Supreme Court reversed his conviction, holding that the trial judge fundamentally erred by giving a jury in
• Hart v. United States
  131 F.2d 59· 9th Cir.· 1942-10-27 ·cited 17×
  The court held that the evidence was insufficient to support the first count of perjury, but sufficient to support the second count.
• Mainon Rodas v. State
  821 So. 2d 1150· Fla. 4th DCA· 2002-07-03 ·cited 16×
  Mainon Rodas was convicted of second-degree murder but appeals his conviction based on the trial court's erroneous denial of challenges for cause against two jurors who expressed preconceived opinions of his guilt. The appellate court agreed, finding that the jurors' equivocal re
• White v. State
  757 So. 2d 542· Fla. 4th DCA· 2000-04-12 ·cited 16×
  David White was convicted of trafficking in cocaine after police found nearly 1 kilogram of cocaine in his suitcase at an Amtrak station. On appeal, the Fourth District reversed his conviction, holding that the prosecutor improperly commented on his failure to call witnesses duri
• Baker v. State
  526 So. 2d 202· Fla. 4th DCA· 1988-06-08 ·cited 16×
  William Baker appeals his conviction for attempted sexual battery upon a child. The Fourth District Court of Appeal affirmed the conviction but reversed and remanded for resentencing due to improper scoring of victim injury points on the sentencing guidelines.
• Thompson v. Lynaugh
  821 F.2d 1054· 5th Cir.· 1987-07-03 ·cited 16×
  The court held that the evidence was sufficient to support the conviction and death sentence, and that petitioner's federal constitutional rights were not violated.
• United States v. Musson
  802 F.2d 384· 10th Cir.· 1986-09-26 ·cited 16×
  The court held that a restraining order under 18 U.S.C. § 1963(e)(1)(A) and 21 U.S.C. § 853(e)(1)(A) may be issued upon the filing of an indictment without a prior evidentiary hearing, as the indictment itself provides sufficient probable cause for forfeiture.
• United States v. Silbert Mills
  760 F.2d 1116· 11th Cir.· 1985-05-20 ·cited 16×
  The court held that the district court erred in refusing to allow the deposition of an unarrested co-defendant and that the defendant's claim of ineffective assistance of counsel warranted a remand for further proceedings.
• United States v. Jordan
  747 F.2d 1120· 7th Cir.· 1984-10-17 ·cited 16×
  The court should have granted the writ of habeas corpus and released the petitioner unless the state trial court articulated compelling reasons for holding him to bail he could not meet.
• Waddell v. State
  458 So. 2d 1140· Fla. 5th DCA· 1984-10-11 ·cited 16×
  Mary Ethel Waddell was convicted of forgery and uttering a forged instrument. On appeal, she contended that she was forced to peremptorily challenge two jurors who indicated they would infer guilt if she exercised her Fifth Amendment right not to testify, but the appellate court
• Tsoumas v. The State OF NEW Hampshire
  611 F.2d 412· 1st Cir.· 1980-01-04 ·cited 16×
  The court held that the state court's jury instruction on reasonable doubt, while not ideal, did not violate the defendants' constitutional rights by lowering the standard of proof.
• Waddy v. State
  355 So. 2d 477· Fla. 1st DCA· 1978-02-24 ·cited 16×
  The court held that the admission of a transcribed statement and similar fact evidence was improper, requiring reversal.
• United States v. Johnson
  563 F.2d 936· 8th Cir.· 1977-10-25 ·cited 16×
  The court held that the defendant's consent to search was valid and that the jury instruction regarding possession of recently stolen property was proper. The court also found that the prosecutor's statement was not an impermissible comment on the defendant's silence.
• United States v. Carlton L. "Corky" Smith
  561 F.2d 8· 6th Cir.· 1977-08-26 ·cited 16×
  The court held that the evidence was sufficient to prove knowing participation in the conspiracy, and that prosecutorial and judicial misconduct, as well as the jury instruction on reckless indifference, did not constitute reversible error.
• United States v. Paulton
  540 F.2d 886· 8th Cir.· 1976-07-30 ·cited 16×
  The court held that the defendant's conviction for nine violations of 26 U.S.C. § 7215(a) was supported by substantial evidence, and that the trial court did not abuse its discretion in denying a continuance or in its evidentiary rulings and sentencing.
• Honeycutt v. AETNA Ins. Co.
  510 F.2d 340· 7th Cir.· 1975-01-10 ·cited 16×
  The Fourth and Fourteenth Amendments do not require the exclusionary rule to apply in civil cases where private parties introduce evidence obtained through unauthorized searches by state officials, nor do they compel the rejection of evidence obtained by private parties through u
• United States v. Thaxton
  483 F.2d 1071· 5th Cir.· 1973-09-11 ·cited 16×
  The court held that the trial court's jury instruction on the presumption of innocence, while not in the customary form, was not reversible error because it correctly informed the jury of the presumption's purpose and function.
• United States v. Parker
  447 F.2d 826· 7th Cir.· 1971-08-10 ·cited 16×
  The court held that it was error to exclude evidence of the appellant's reputation for honesty among his IRS colleagues and that the prosecutor's latitude in developing the fraud referral contention while restricting the appellant's response was an error. These errors, along with
• United States v. Edge
  444 F.2d 1372· 7th Cir.· 1971-06-03 ·cited 16×
  The court held that the search warrant was sufficiently supported by probable cause, making the arrest valid, and the subsequent searches of the car were not unreasonable. However, convictions based on inferences from unexplained possession for cocaine and marihuana were reversed
• United States v. Frazier
  434 F.2d 238· 10th Cir.· 1970-12-09 ·cited 16×
  The court held that the evidence presented was sufficient to support the jury's verdicts of conviction for possession and sale of heroin.
• Samuele T. Stevens, Jr. v. Warden, Maryland Penitentiary
  382 F.2d 429· 4th Cir.· 1967-08-30 ·cited 16×
  The court held that while the conviction was constitutionally sound, the sentence imposed was excessive and disproportionate, but federal courts lack the power to review state sentences that do not exceed the statutory maximum.
• Allen v. United States
  386 F.2d 634· D.C. Cir.· 1967-08-23 ·cited 16×
  The court held that the district court's order denying release on non-financial conditions was supported by the proceedings below and therefore affirmed.
• Buder v. Bell
  306 F.2d 71· 6th Cir.· 1962-07-27 ·cited 16×
  The appellate court held that the district court erred in granting a writ of habeas corpus, as the petitioner's claims did not rise to the level of a due process violation but were matters for direct appeal.
• Jones v. United States
  307 F.2d 190· D.C. Cir.· 1962-07-12 ·cited 16×
  The dissenting judge believes the appellant should have a new trial due to errors in the jury charge.
• Geagan v. Gavin
  292 F.2d 244· 1st Cir.· 1961-06-30 ·cited 16×
  The court held that the appellants were not denied a fair trial due to pretrial publicity, as the jurors met the constitutional test of impartiality.
• Garner v. United States
  244 F.2d 575· 6th Cir.· 1957-05-13 ·cited 16×
  Refusal to give a specific jury instruction that the indictment is not evidence is not reversible error if the substance of that instruction is otherwise covered in the court's general charge.
• Reynolds v. United States
  238 F.2d 460· 9th Cir.· 1956-11-07 ·cited 16×
  The court held that an instruction qualifying the presumption of innocence by stating it is not intended to aid the guilty is prejudicial error. It also held that an instruction on excusable homicide was improperly given.
• Nilva v. United States
  227 F.2d 74· 8th Cir.· 1955-11-10 ·cited 16×
  The court held that a defendant in a criminal contempt proceeding can be convicted based on evidence presented in a prior related trial, and that the punishment imposed was not excessive.
• Greenwood v. United States
  219 F.2d 376· 8th Cir.· 1955-02-14 ·cited 16×
  The court held that the government lacks constitutional power to indefinitely incarcerate a defendant found permanently insane and unable to stand trial.
• United States v. Capitol Meats, Inc.
  166 F.2d 537· 2d Cir.· 1948-03-01 ·cited 16×
  The court held that the jury charge was sufficient, even without explicit instruction on the "willfully" element, as the evidence and charge implicitly conveyed the required intent.