Presumption Of Innocence

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

• Juelich v. United States
  214 F.2d 950· 5th Cir.· 1954-08-12 ·cited 14×
  A defendant cannot receive a fair trial if every member of the jury panel has formed an opinion of guilt based on pretrial publicity.
• Colt v. United States
  158 F.2d 641· 5th Cir.· 1946-11-27 ·cited 14×
  The court held that the government failed to prove beyond a reasonable doubt that the defendant was not a citizen, as required by the statute.
• United States ex rel. Rubinstein v. Mulcahy
  155 F.2d 1002· 2d Cir.· 1946-06-14 ·cited 14×
  The court held that the bail set was excessive and therefore unlawful, and that the petitioner was entitled to release on reasonable bail.
• United States v. Kolodny
  149 F.2d 210· 2d Cir.· 1945-05-04 ·cited 14×
  The court held that refilling containers with unstamped liquor, even if the original stamps were genuine, violates 26 U.S.C.A. Int.Rev.Code, § 2803(a) because the stamps must denote the quantity and tax payment for the spirits actually contained therein.
• Vaccaro v. State
  152 Fla. 123· Fla.· 1942-12-22 ·cited 14×
  The court held that a tax deed description must be certain within itself or refer to matters within the deed, and extrinsic evidence cannot be used to clarify it.
• Robinson v. State
  70 Fla. 628· Fla.· 1916-01-06 ·cited 14×
  The Florida Supreme Court affirmed a first-degree murder conviction, holding that a nine-year-old child was competent to testify and that alleged errors in jury instructions and prosecutorial statements did not prejudice the defendant. The court emphasized that errors must injuri
• Elliott Barnett v. State
  181 So. 3d 534· Fla. 1st DCA· 2015-11-12 ·cited 13×
  Elliott Barnett appeals his convictions for first-degree murder and attempted armed robbery, arguing that his trial counsel's failure to request an alibi jury instruction constituted ineffective assistance of counsel or fundamental error. The First District Court of Appeal affirm
• Marston v. State
  136 So. 3d 563· Fla.· 2014-03-27 ·cited 13×
  The Florida Supreme Court held that a prosecutor's extensive voir dire comments about a defendant's constitutional right to remain silent violated the Fifth and Fourteenth Amendments, and that such comments were not harmless beyond a reasonable doubt, requiring reversal of the co
• Smith v. State
  907 So. 2d 582· Fla. 5th DCA· 2005-07-15 ·cited 13×
  Antonio Smith appeals his drug and resisting arrest convictions, challenging the trial court's refusal to strike two biased prospective jurors for cause and denial of an additional peremptory challenge. The appellate court reversed and remanded for a new trial, finding the prospe
• Mendez v. State
  898 So. 2d 1141· Fla. 5th DCA· 2005-04-01 ·cited 13×
  The court held that the trial court abused its discretion by severely limiting defense counsel's voir dire examination, violating the defendant's right to a fair jury.
• THE Florida BAR v. Rose
  823 So. 2d 727· Fla.· 2002-06-27 ·cited 13×
  The Florida Bar challenged a referee's recommendation to suspend attorney Brent Allan Rose for alleged ethical violations in criminal defense representation. The Florida Supreme Court reversed, finding the referee's conclusions unsupported by competent and substantial evidence an
• United States v. Linwood L. Alston
  D.D.C.· 1976-07-28 ·cited 13×
  The court held that erroneous jury instructions regarding the burden of proof for an alibi defense and the elements of the offense, particularly when combined with weak identification evidence, constituted plain error requiring reversal.
• Willcox v. State
  258 So. 2d 298· Fla. 2d DCA· 1972-01-21 ·cited 13×
  An erroneous word in a jury instruction on circumstantial evidence does not require reversal if the jury instructions, considered as a whole, were not misleading.
• Pineda v. State
  805 So. 2d 116· Fla. 4th DCA· 2002-01-23 ·cited 12×
  The court held that a defendant cannot be compelled to stand trial in prison clothing and that the trial court erred by not holding an evidentiary hearing on the ineffective assistance of counsel claim regarding the defendant's attire.
• Young v. State
  720 So. 2d 1101· Fla. 1st DCA· 1998-10-12 ·cited 12×
  Richard Young appealed his conviction for lewd and lascivious conduct upon a minor, raising claims of juror misconduct and improper prosecutorial closing argument. The court reversed and remanded due to juror misconduct—specifically, a juror's concealment of her own experience wi
• Akins v. State
  694 So. 2d 847· Fla. 4th DCA· 1997-06-04 ·cited 12×
  Kenneth Akins appeals his first-degree murder conviction, challenging the trial court's refusal to excuse juror Kennedy for cause. Although the appellate court found that the juror should have been excused based on her equivocal statements about the presumption of innocence, it a
• Watson v. State
  693 So. 2d 69· Fla. 2d DCA· 1997-04-25 ·cited 12×
  Tracy Watson appeals his aggravated battery conviction, challenging the trial court's imposition of a 30-minute time limit for voir dire examination. The Florida Second District Court of Appeal affirms the conviction, holding that trial courts have considerable discretion in mana
• Diaz v. State
  608 So. 2d 888· Fla. 3d DCA· 1992-11-03 ·cited 12×
  Cesar Diaz appeals his convictions for aggravated battery with a firearm, auto theft, and unlawful possession of a firearm. The Florida appellate court reversed and remanded for a new trial, finding the trial court committed reversible error by denying Diaz's challenge for cause
• United States v. Payne
  944 F.2d 1458· 9th Cir.· 1991-09-06 ·cited 12×
  The court held that the failure to give a presumption of innocence instruction to the jury after it was sworn was not plain error because the purposes of the instruction were adequately served by other instructions and the jury's awareness of the presumption. The court also held
• United States v. Vario
  943 F.2d 236· 2d Cir.· 1991-09-03 ·cited 12×
  The court affirmed the conviction, holding that the use of an anonymous jury was justified by the obstruction of justice charge and publicity, the delay in resealing surveillance tapes was satisfactorily explained, and amendments to eavesdropping warrants were timely.
• Brown v. Pate
  577 So. 2d 645· Fla. 1st DCA· 1991-03-27 ·cited 12×
  Alan Brown petitioned for a writ of prohibition after Judge Dorothy Pate denied his motion to disqualify her from presiding over a dependency proceeding involving his children. The court denied the petition, holding that Brown's grounds for disqualification—including the judge's
• United States v. Friedman
  909 F.2d 705· 2d Cir.· 1990-07-17 ·cited 12×
  Improper prosecutorial remarks during summation, which undermined the presumption of innocence and the role of defense counsel, warrant reversal of the conviction.
• Crowley v. State
  558 So. 2d 529· Fla. 4th DCA· 1990-03-28 ·cited 12×
  Johnnie Crowley was convicted of cocaine possession and resisting arrest. The Florida appellate court reversed and remanded for a new trial due to two prosecutorial errors: improper cross-examination regarding prior felony convictions and improper closing argument suggesting the
• United States v. Braxton
  877 F.2d 556· 7th Cir.· 1989-06-14 ·cited 12×
  The court held that the government was not required to provide a list of rebuttal witnesses under Rule 12.1 when the defendant voluntarily provided an alibi notice without a government demand, and that the jury instructions, while not perfect, were not reversible error.
• United States v. Walker
  861 F.2d 810· 5th Cir.· 1988-12-01 ·cited 12×
  The court held that the jury instruction on the presumption of innocence, while not ideal, was sufficient under the plain error standard when viewed in the totality of the circumstances, and therefore did not violate the defendant's due process rights.
• Bridge v. Lynaugh
  838 F.2d 770· 1st Cir.· 1988-02-18 ·cited 12×
  The court held that the trial court did not err in excluding evidence of a co-defendant's conviction and sentence, and that the appellant's claims of ineffective assistance of counsel lacked merit.
• United States v. Daniel
  813 F.2d 661· 5th Cir.· 1987-03-24 ·cited 12×
  The court held that the reclassification of amphetamine to a Schedule II controlled substance was constitutional, and that brief exposure of the defendant in handcuffs to potential jurors did not prejudice the trial.
• Thomas v. Louie L. Wainwright
  486 So. 2d 574· Fla.· 1986-04-07 ·cited 12×
  Daniel Morris Thomas, a death row inmate, petitioned for habeas corpus claiming unconstitutional jury selection procedures in his capital murder trial. The Florida Supreme Court denied the petition, finding that Thomas waived his right to challenge the jury selection process by f
• Saied Parcham v. Immigr. & Naturalization Serv.
  769 F.2d 1001· 4th Cir.· 1985-08-13 ·cited 12×
  The dissenting judge argues that the Board of Immigration Appeals (BIA) abused its discretion by affirming the immigration judge's decision, which improperly considered the alien's nationality and exercise of First Amendment rights.
• United States v. Wosepka
  757 F.2d 1006· 9th Cir.· 1985-04-09 ·cited 12×
  The court held that the district court's abbreviated reasonable doubt instruction was inadequate given the complexity of the case and conflicting evidence, constituting reversible error.
• Phelps v. Duckworth
  757 F.2d 811· 7th Cir.· 1985-02-27 ·cited 12×
  The court held that the state failed to establish that the prosecutor's error was harmless beyond a reasonable doubt.
• United States v. Paul T. Hill (83-5587)
  738 F.2d 152· 6th Cir.· 1984-06-29 ·cited 12×
  The trial court's refusal to question prospective jurors about their ability to accord defendants the presumption of innocence and proof beyond a reasonable doubt was an abuse of discretion, requiring reversal.
• Turner v. McKASKLE
  721 F.2d 999· 5th Cir.· 1983-12-27 ·cited 12×
  A state prisoner's habeas corpus petition should be granted if the evidence presented at trial was insufficient to support a conviction for murder under federal due process standards.
• Yount v. Patton
  710 F.2d 956· 3d Cir.· 1983-05-10 ·cited 12×
  The court, in a concurring opinion, argues that the established constitutional standard for jury impartiality, allowing jurors with preconceived notions of guilt if they promise to be impartial, is flawed and should be replaced with a stricter standard.
• United States v. Dilg
  700 F.2d 620· 11th Cir.· 1983-03-14 ·cited 12×
  The court held that the failure to instruct the jury on the presumption of innocence at the close of the evidence, after timely objection, constitutes reversible error requiring a new trial.
• Topley v. State
  416 So. 2d 1158· Fla. 4th DCA· 1982-06-09 ·cited 12×
  Donald Topley appeals his conviction for burglary, grand theft, and criminal mischief on two grounds: that he was tried in jail clothing and that the prosecutor's closing remarks warranted mistrial. The court found the prosecutor's conduct harmless but remanded on the jail clothi
• Rowe v. Wille
  415 So. 2d 79· Fla. 4th DCA· 1982-06-09 ·cited 12×
  The court held that the evidence was insufficient to prove wilful disobedience required for indirect criminal contempt, as the supervisor's actions demonstrated neglect rather than intent to violate court orders.
• United States v. Dark
  597 F.2d 1097· 6th Cir.· 1979-05-04 ·cited 12×
  The court held that while the exclusion of defense financial records and the judge's intrusion during cross-examination were errors, they did not affect the defendant's substantial rights given the overwhelming evidence of guilt.
• United States v. Karnes
  531 F.2d 214· 4th Cir.· 1976-01-30 ·cited 12×
  The court held that the trial judge did not err in calling witnesses as court witnesses, even if their testimony was important to the prosecution's case.
• Hernandez-Uribe v. United States
  515 F.2d 20· 8th Cir.· 1975-05-07 ·cited 12×
  The court held that collateral estoppel was properly applied to establish the defendant's alien status based on a prior guilty plea, and the jury instruction reflecting this was not erroneous.
• United States v. Dixon
  507 F.2d 683· 8th Cir.· 1974-12-18 ·cited 12×
  The court held that the jury's conviction on the possession count was not prejudiced by a mistrial on the robbery count, and the jury instructions were sufficient.
• United States v. Weldon Mack Gearin
  496 F.2d 691· 5th Cir.· 1974-06-24 ·cited 12×
• Gavino v. Hon. Lloyd F. MacMAHON
  499 F.2d 1191· 2d Cir.· 1974-06-14 ·cited 12×
  The court held that the district judge's revocation of bail and refusal to grant a continuance were an abuse of discretion and violated the defendant's fundamental rights.
• United States v. Wiley
  492 F.2d 547· D.C. Cir.· 1973-10-12 ·cited 12×
  The majority erred by requiring specific medical corroboration for penetration, which conflicts with established precedent allowing for circumstantial evidence and focusing on the danger of fabrication.
• Turner v. State
  283 So. 2d 157· Fla. 2d DCA· 1973-09-28 ·cited 12×
  Glenn W. Turner was convicted of direct criminal contempt for allegedly causing or condoning demonstrations outside the courthouse on the morning of his criminal trial. The appellate court reversed because there was no competent evidence in the record linking Turner to the disrup
• Eaton v. United States
  458 F.2d 704· 7th Cir.· 1972-04-03 ·cited 12×
  The court held that the district court did not err in denying an evidentiary hearing on the guilty plea and entrapment issues, nor in refusing to disqualify the sentencing judge, and that the sentences imposed did not violate double jeopardy principles.
• United States v. Fisher
  456 F.2d 1143· 10th Cir.· 1972-03-15 ·cited 12×
  The court held that the trial court erred in instructing the jury that Selective Service Regulation 1641.3 required a written communication of a change of address, as the regulation itself does not specify the method of communication.
• United States v. Nalley
  455 F.2d 259· 6th Cir.· 1972-02-03 ·cited 12×
  The court held that mere presence near stolen property, without more, is insufficient to support a conviction for possession.
• United States v. DeFRISCO
  441 F.2d 137· 5th Cir.· 1971-04-01 ·cited 12×
  The court held that credit bureau reports were admissible as business records and that the failure to instruct the jury that the indictment was not evidence was not reversible error.
• United States v. Pratt
  429 F.2d 690· 3d Cir.· 1970-06-30 ·cited 12×
  The court held that the evidence was insufficient to support the conviction for selling heroin, as there was no proof the defendant possessed or transferred the drugs.