Presumption Of Innocence

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

• Woodruff v. State
  31 Fla. 320· Fla.· 1893-01-01 ·cited 11×
  William Woodruff was convicted of first-degree murder for killing William Powell with a knife. The Florida Supreme Court affirmed the conviction, rejecting arguments that the jury instructions on reasonable doubt were insufficient and that the verdict was against the evidence.
• Thornton B. Coleman v. State
  17 Fla. 206· Fla.· 1879-01-01 ·cited 11×
  Thornton B. Coleman was convicted of murder after trial in Hillsborough County Circuit Court. Coleman appealed on numerous grounds challenging jury instructions on malice, the trial court's modification of those instructions, jury conduct, and the verdict itself. The Florida Supr
• Marquez v. State
  721 So. 2d 1206· Fla. 3d DCA· 1998-12-02 ·cited 10×
  Barbaro Marquez appeals his convictions for burglary of a conveyance and petit theft. The Florida District Court of Appeal reverses both convictions, finding that the trial court erred in denying a cause challenge to a biased juror and that the burglary conviction lacked sufficie
• Alisha Williams v. State
  619 So. 2d 1044· Fla. 4th DCA· 1993-06-16 ·cited 10×
  Williams was convicted of armed robbery, but the Fourth District Court of Appeal reversed his conviction because the trial court committed two reversible errors: allowing the prosecutor to comment on Williams' failure to produce a telephone witness he never presented as part of h
• United States v. Gibbons
  968 F.2d 639· 8th Cir.· 1992-06-29 ·cited 10×
  The court held that the evidence was sufficient to support the jury's verdicts for mail fraud, wire fraud, criminal contempt, and currency structuring, and that the supplemental jury instruction was proper.
• United States v. Smith
  962 F.2d 923· 9th Cir.· 1992-04-24 ·cited 10×
  The prosecutor's conduct did not constitute plain error because it did not seriously affect the fairness, integrity, or public reputation of judicial proceedings, nor did it result in a miscarriage of justice.
• Skelton v. Whitley
  950 F.2d 1037· 5th Cir.· 1992-01-06 ·cited 10×
  The Court of Appeals held that the Cage v. Louisiana decision announced a "new rule" of constitutional law and therefore could not be applied retroactively to Skelton's case on federal habeas review, as it did not fall within the exceptions to the Teague doctrine.
• United States v. Edilberto Mendoza-Acevedo
  950 F.2d 1· 1st Cir.· 1991-11-05 ·cited 10×
  The court held that the defendant waived his right to a voluntariness hearing by failing to raise the issue pre-trial, and that while the jury instructions' "guilt or innocence" language was problematic, it did not constitute plain error given the charge as a whole.
• McNAIR v. State
  579 So. 2d 264· Fla. 2d DCA· 1991-05-03 ·cited 10×
  Joel McNair appealed his convictions for racketeering and fifty-two counts of grand theft, arguing that the prosecution's use of peremptory challenges to strike black venire members violated his right to an impartial jury. The Florida Second District Court of Appeal affirmed his
• Spain v. Rushen
  883 F.2d 712· 9th Cir.· 1989-08-22 ·cited 10×
  The court held that the trial judge's decision to shackle the defendant was not an abuse of discretion that denied due process, considering the specific security risks and the defendant's history.
• United States v. Sciarra
  851 F.2d 621· 3d Cir.· 1988-06-27 ·cited 10×
  The court held that the discovery order compelling testimony was appealable under 28 U.S.C. § 1291 because the petitioners were non-party witnesses to an investigation, not parties to an ongoing case, and the district court's business was complete. The recusal motion appeal was d
• United States v. Smegal
  772 F.2d 659· 10th Cir.· 1985-09-13 ·cited 10×
  The court held that while a specific instruction on the government's burden to prove lack of entrapment beyond a reasonable doubt is preferable, the jury instructions, when read as a whole, were sufficient to inform the jury of the government's burden.
• Brofford v. Marshall
  751 F.2d 845· 6th Cir.· 1985-01-08 ·cited 10×
  The court should require an evidentiary hearing on the change of venue and shackling issues due to insufficient factual development in the record.
• Fulton v. Warden, Maryland Penitentiary
  744 F.2d 1026· 4th Cir.· 1984-09-20 ·cited 10×
  The court held that although jury instructions on alibi defenses were constitutionally infirm by shifting the burden of proof, the errors were harmless beyond a reasonable doubt in both cases, and did not render the trials fundamentally unfair.
• Boston Carrier, Inc. v. Interstate Commerce Comm'n & United States
  728 F.2d 1508· D.C. Cir.· 1984-03-02 ·cited 10×
  The court held that the Interstate Commerce Commission's finding that Habit Motor Lines was fit to receive a certificate of public convenience and necessity was supported by substantial evidence and not arbitrary or capricious.
• Pugh v. State
  423 So. 2d 398· Fla. 1st DCA· 1982-10-29 ·cited 10×
  Gary Pugh appeals his conviction and sentence for felony petit theft. The court affirmed the conviction but reversed and remanded the sentence due to insufficient record evidence regarding prior convictions necessary to impose felony-level penalties under Florida law.
• United States v. Wilkerson
  691 F.2d 425· 8th Cir.· 1982-10-27 ·cited 10×
  The court held that the trial court did not err in denying the motion for judgment of acquittal or in refusing to give two requested jury instructions.
• Williams v. Engle
  683 F.2d 152· 6th Cir.· 1982-07-14 ·cited 10×
  The court held that the district court's denial of habeas corpus relief must be vacated and the case remanded because the record was inadequate to determine if the constitutional error was harmless.
• Ivey v. Eastmoore
  402 So. 2d 1248· Fla. 5th DCA· 1981-08-05 ·cited 10×
  The court held that a trial judge is not bound by a tentative plea agreement and can allow a defendant to withdraw their plea if the judge decides not to follow the agreement. This case clarifies the enforceability of plea bargains against the court.
• Maycock v. State
  398 So. 2d 495· Fla. 3d DCA· 1981-05-26 ·cited 10×
  Daisy Maycock appealed the trial court's denial of her motion to sever charges of unlawful possession of a concealed weapon by a convicted felon from second-degree murder. The court affirmed, holding that while better practice would sever such charges to protect the presumption o
• Tennon v. Ricketts
  642 F.2d 161· 5th Cir.· 1981-04-10 ·cited 10×
  The court held that the Georgia trial court's jury instruction on self-defense unconstitutionally shifted the burden of persuasion to the defendant and that this shift was not harmless error.
• Armodio Ruiz v. State
  395 So. 2d 566· Fla. 3d DCA· 1981-02-24 ·cited 10×
  Armodio Ruiz was convicted by jury of carrying a concealed firearm and possession of a firearm by a convicted felon. The Florida District Court of Appeal reversed, holding that the trial court's curative instruction failed to adequately dispel prejudicial statements made by the p
• United States v. Kanovsky
  618 F.2d 229· 2d Cir.· 1980-03-27 ·cited 10×
  The court held that the district court did not abuse its discretion in allowing the government to reopen its case, that the testimony was not inadmissible hearsay, and that comments on the defendant's subpoena power did not deprive him of a fair trial.
• United States v. Lopez
  584 F.2d 1175· 2d Cir.· 1978-09-13 ·cited 10×
  The court held that the prosecutor's summation comments did not constitute plain error and that the admission of certain out-of-court declarations was not plain error. The jury instructions regarding the defendant's failure to testify were adequate.
• Boswell v. State OF Ala.
  537 F.2d 100· 5th Cir.· 1976-08-16 ·cited 10×
  The court held that a state prisoner's appearance before the jury venire in prison garb and shackles, without objection or request for cautionary instructions, did not violate his constitutional right to a fair trial, and any error was harmless beyond a reasonable doubt.
• Kibbe v. Henderson
  534 F.2d 493· 2d Cir.· 1976-04-08 ·cited 10×
  The court held that the trial judge's jury instruction on causation, while potentially lacking detail, did not rise to the level of constitutional error requiring federal habeas relief.
• United States v. Ambrose Ervin Littlebear
  531 F.2d 896· 8th Cir.· 1976-03-04 ·cited 10×
  The court held that the jury instructions regarding intent, while potentially problematic, were not prejudicial error in this case due to overwhelming evidence and other proper instructions.
• McGRATH v. Vinzant
  528 F.2d 681· 1st Cir.· 1976-01-16 ·cited 10×
  The dissenting judge believes the majority erred in creating a new exception to witness protection rules and shifting the burden of proof to the defendant without sufficient justification.
• United States v. Johnson
  466 F.2d 537· 8th Cir.· 1972-09-14 ·cited 10×
  The court held that the trial court did not err in providing oral jury instructions and in instructing the jury that it could infer guilt from possession of recently stolen property.
• United States v. Hickman
  426 F.2d 515· 7th Cir.· 1970-05-12 ·cited 10×
  The court held that the statute was not unconstitutionally used as a pretext and that the evidence presented was sufficient for conviction.
• United States v. Teresa
  420 F.2d 13· 4th Cir.· 1969-12-12 ·cited 10×
  The court held that the circumstantial evidence was sufficient to support convictions for transporting stolen securities across state lines, but reversed a conviction where the transported items were no longer considered 'securities' after being paid and cancelled.
• In re Application to Adjudge Roe van Meter in Criminal Contempt. Roe Van Meter
  413 F.2d 536· 8th Cir.· 1969-07-18 ·cited 10×
  The court held that while the contempt conviction was valid, the six-month sentence was excessive given mitigating circumstances, and remanded for resentencing.
• United States v. Repetti
  364 F.2d 54· 2d Cir.· 1966-07-25 ·cited 10×
  The court held that the appellant's constitutional rights were not violated and affirmed the conviction.
• Washington v. Clemmer
  339 F.2d 725· D.C. Cir.· 1964-06-12 ·cited 10×
  The court held that denying the accused's request to subpoena the prosecutrix was error, as it violated the requirement for granting reasonable subpoena requests at a preliminary hearing.
• United States v. Tomaiolo
  317 F.2d 324· 2d Cir.· 1963-05-21 ·cited 10×
  The court held that a conviction should not be set aside solely because it was preceded by three other trials on the same charges, and that the conviction was not subject to reversal due to errors in prior proceedings or the conduct of the current trial.
• Fournier v. Balbino Gonzalez
  269 F.2d 26· 1st Cir.· 1959-07-29 ·cited 10×
  The court held that the Puerto Rican Constitution and statutes permitting majority jury verdicts do not violate federal constitutional rights, including due process.
• Rhone v. State
  93 So. 2d 80· Fla.· 1957-02-20 ·cited 10×
  The Court held that the petitioner's testimony regarding his past membership in the Communist Party was insufficient to establish the meaningful association required for deportation under the Internal Security Act of 1950, as amended.
• Zammar v. United States
  217 F.2d 223· 8th Cir.· 1954-12-15 ·cited 10×
  The court held that the jury's verdict was supported by substantial evidence and that no prejudicial error occurred during the trial.
• Watts v. United States
  212 F.2d 275· 10th Cir.· 1954-04-16 ·cited 10×
  The court held that the evidence was sufficient to sustain the conviction, the jury instructions were adequate, and the dismissal of a juror was not reversible error.
• Oliver v. United States
  202 F.2d 521· 6th Cir.· 1953-02-17 ·cited 10×
  A prosecutor's question implying a prior guilty plea, even with a curative instruction, creates incurable prejudice requiring reversal.
• Spector v. United States
  193 F.2d 1002· 9th Cir.· 1952-01-10 ·cited 10×
  The court held that the trial judge erred in denying motions for bail reduction by improperly relying on the indictment alone and misinterpreting the privilege against self-incrimination, thus setting excessive bail.
• Smith v. United States
  188 F.2d 969· 9th Cir.· 1951-02-26 ·cited 10×
  The dissenting judge believes the judgment should be reversed due to improper jury instructions and pressure.
• United States v. Curzio
  179 F.2d 380· 3d Cir.· 1950-01-16 ·cited 10×
  The court held that the trial judge did not abuse his discretion in denying a motion for a mistrial after a witness's unresponsive testimony about a police photograph.
• United States v. Bennett
  152 F.2d 342· 2d Cir.· 1945-11-15 ·cited 10×
  The dissenting judge argues that the trial court's jury instructions were prejudicially erroneous, potentially confusing the jury regarding the burden of proof for theft within a conspiracy charge.
• Jenkins v. United States
  149 F.2d 118· 5th Cir.· 1945-05-09 ·cited 10×
  The court held that the evidence was sufficient to support the verdict, the admissibility of documentary evidence was properly restricted, the jury instructions were not erroneous, and the sentences imposed were authorized by law.
• United States v. Newman
  143 F.2d 389· 2d Cir.· 1944-06-26 ·cited 10×
  The court held that the jury charge, while imperfect, was sufficient and that the defendant waived any objections to alleged errors by failing to specifically raise them.
• Jarvis v. State
  73 Fla. 635· Fla.· 1917-03-13 ·cited 10×
  W. B. Jarvis was convicted of perjury for testifying falsely in a contempt of court hearing that certain documents were locked in a bank safety deposit box when they were actually located elsewhere. The Florida Supreme Court affirmed the conviction, rejecting challenges to the su
• Pugh v. State
  55 Fla. 150· Fla.· 1908-01-01 ·cited 10×
  Abraham Pugh was convicted of first-degree murder and sentenced to death. On appeal, he challenged the trial court's evidentiary ruling excluding testimony about the victim's habit of carrying arms, the denial of his motion for new trial on twelve grounds, and various jury instru
• Coleman v. State
  26 Fla. 61· Fla.· 1890-01-01 ·cited 10×
  James Coleman was convicted of murdering Miles Burley by shooting at a festival near Fort Meade, Florida, in 1888. Coleman appealed his life sentence conviction, challenging the trial judge's refusal to give certain jury instructions and arguing the evidence was insufficient to s
• Pryear v. State
  243 So. 3d 479· Fla. 1st DCA· 2018-02-28 ·cited 9×
  Pryear failed to establish ineffective assistance of counsel on any of his eight claims because he could not demonstrate either deficient performance or prejudice under Strickland v. Washington. The court held that counsel's alleged failures to object to peremptory strikes, impro