Presumption Of Innocence

1,260 Florida cases classified under this topic · sorted by citation count

• 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.
• 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.
• 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
• 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.
• United States v. Brotherton
  427 F.2d 1286· 8th Cir.· 1970-06-24 ·cited 12×
  The court held that jury instructions permitting an inference of knowledge and interstate transportation from possession of recently stolen property do not violate the Fifth Amendment. The court also held that the jury's deliberation time was sufficient.
• Dickinson v. United States
  421 F.2d 630· 5th Cir.· 1970-01-23 ·cited 12×
  The court held that a juror's letter detailing their mental process in reaching a verdict, including the defendant's failure to testify, is not grounds for a new trial.
• Rogers v. United States
  416 F.2d 926· 10th Cir.· 1969-10-09 ·cited 12×
  The court held that the jury instructions, when read as a whole, did not improperly remove the issue of possession from the jury, nor did they violate the appellant's constitutional rights.
• Gross v. Bishop
  377 F.2d 492· 8th Cir.· 1967-05-18 ·cited 12×
  The court held that the appellant's life sentence for murder rendered moot any claims regarding the revocation of his prior suspended sentence, and that no federal constitutional right was violated.
• City OF Miami v. Babey
  161 So. 2d 230· Fla. 3d DCA· 1964-02-25 ·cited 12×
  The appellate court reviewed an order from the circuit court which had quashed a city manager's dismissal of an employee.
• Compton v. United States
  305 F.2d 119· 9th Cir.· 1962-06-27 ·cited 12×
  The court held that the evidence was sufficient to sustain the conviction for transporting a stolen vehicle across state lines, and the trial court did not err in denying the motion for acquittal or in refusing a requested jury instruction on the presumption of innocence.
• United States v. Clark L. FRY
  304 F.2d 296· 7th Cir.· 1962-06-13 ·cited 12×
  The court held that the trial judge's extensive questioning of witnesses, while improper, did not constitute prejudicial error in this case.
• Cruz v. State
  137 So. 2d 254· Fla. 2d DCA· 1962-02-07 ·cited 12×
  The court held that the death of a defendant pending appeal abates all proceedings, both in the trial court and on appeal, ab initio.
• Devine v. United States
  278 F.2d 552· 9th Cir.· 1960-05-06 ·cited 12×
  The court held that the evidence was sufficient to sustain the conviction and that any alleged prosecutorial misconduct was waived by the appellant's failure to move for a mistrial.
• Clennie Joe Buchanan v. United States
  244 F.2d 916· 6th Cir.· 1957-06-13 ·cited 12×
  The court held that the trial judge's comments on the evidence, despite instructions to the jury, constituted advocacy and exceeded permissible bounds, requiring reversal.
• Bayless v. United States
  200 F.2d 113· 9th Cir.· 1952-11-25 ·cited 12×
  The court held that the defendant received a fair trial and that none of his claims of error warranted reversal.
• W. Fruit Growers, Inc. v. Gotfried
  136 F.2d 98· 9th Cir.· 1943-05-27 ·cited 12×
  The court held that the contempt judgment could not be upheld due to procedural irregularities in the criminal contempt proceedings, specifically the failure to follow required due process and burden of proof standards.
• United States v. Nimerick
  118 F.2d 464· 2d Cir.· 1941-03-24 ·cited 12×
  The court held that the trial court's jury instructions, while not using the exact customary language for the presumption of innocence, were adequate when considered as a whole, and that the admission of firearms was harmless error.
• Winter v. United States
  13 F.2d 53· 8th Cir.· 1926-04-12 ·cited 12×
  The judgment of conviction for violating the National Motor Vehicle Theft Act is affirmed. The court found that the trial court's refusal of certain jury instructions regarding the defendant's knowledge of the stolen nature of the vehicle, the effect of a reasonable explanation b
• Roberts v. State
  72 Fla. 132· Fla.· 1916-08-01 ·cited 12×
  The Florida Supreme Court affirmed death sentences against three brothers convicted of murder, rejecting their contentions that pretrial publicity, rushed proceedings, and alleged instructional errors warranted reversal or a new trial.
• Jackson Bassett and Henry Bassett v. State
  44 Fla. 12· Fla.· 1902-01-01 ·cited 12×
  Jackson and Henry Bassett were indicted for murder in the first degree but convicted of murder in the second degree. The Florida Supreme Court affirmed the conviction, rejecting their challenges to the trial procedures, jury instructions on self-defense, and the sufficiency of ev
• Carlisle v. State
  105 So. 3d 625· Fla. 5th DCA· 2013-01-18 ·cited 11×
  The court held that while the trial court erred in failing to hold an evidentiary hearing on the necessity of restraints, the error was harmless beyond a reasonable doubt.
• State v. Fountain
  930 So. 2d 865· Fla. 2d DCA· 2006-06-23 ·cited 11×
  The State appealed a trial court's decision to grant a new trial in a child molestation case, arguing that the prosecutor's closing argument statements, while improper, did not constitute fundamental error warranting reversal. The appellate court reversed, holding that unpreserve
• United States v. Crockett
  979 F.2d 1204· 7th Cir.· 1992-11-12 ·cited 11×
  The court affirmed the convictions, holding that the RICO conspiracy indictment was sufficiently specific, the admission of evidence regarding certain murders did not constitute a constructive amendment or violate Rule 403, and the evidence supported the extortion convictions and
• Arroyo v. Jones
  685 F.2d 35· 2d Cir.· 1982-07-23 ·cited 11×
  The court held that a supplemental jury instruction creating a presumption that people intend the natural consequences of their acts, when given in response to jury questions about intent, is not harmless error and violates due process.
• Lister v. State
  226 So. 2d 238· Fla. 4th DCA· 1969-08-22 ·cited 11×
  The court held that the trial judge's use of the words 'criminal' and 'victim' in jury instructions did not constitute reversible error, as they were used in a general context and did not intimate the judge's view of the case.
• Gale H. Johnson v. Bennett
  414 F.2d 50· 8th Cir.· 1969-07-17 ·cited 11×
• Jordan v. State
  171 So. 2d 418· Fla. 1st DCA· 1965-02-04 ·cited 11×
  Charles Allen King and John Marvin Jordan were convicted of possession of burglary tools after the trial court improperly admitted testimony about their prior convictions for breaking and entering and grand larceny. The appellate court reversed, holding that evidence of prior cri