Presumption Of Innocence

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

• Phillips v. Hocker
  473 F.2d 395· 9th Cir.· 1973-01-22 ·cited 2×
  The court held that Nevada's rule placing the burden of proving insanity on the defendant does not violate the Due Process Clause, and a potentially erroneous jury instruction regarding the burden of proof for mitigation was harmless error given the other instructions.
• United States v. King David Preston
  463 F.2d 544· 7th Cir.· 1972-06-08 ·cited 2×
• Holland v. United States
  444 F.2d 981· D.C. Cir.· 1971-04-30 ·cited 2×
  The court held that the defective jury instruction regarding the use of prior convictions for impeachment did not constitute constitutional error requiring vacatur of the sentence on collateral attack.
• United States v. Maynard John Verdoorn
  433 F.2d 1370· 8th Cir.· 1970-11-30 ·cited 2×
  The court held that a jury instruction allowing an inference of knowledge that property was stolen from recent possession does not unconstitutionally shift the burden of proof.
• Cohen v. Louie L. Wainwright
  418 F.2d 565· 5th Cir.· 1969-11-10 ·cited 2×
  The court held that the petitioner was not denied effective assistance of counsel and that the trial judge's actions did not deprive him of constitutional rights.
• United States v. Haywood
  411 F.2d 555· 5th Cir.· 1969-05-16 ·cited 2×
  The court held that the trial judge's interruption of his charge to the jury to inform the defendant of his right to allocution constituted plain error.
• Dean v. Hocker
  409 F.2d 319· 9th Cir.· 1969-03-27 ·cited 2×
• Edwards v. State
  216 So. 2d 47· Fla. 2d DCA· 1968-11-22 ·cited 2×
  The court held that denying a bill of particulars for specific items and giving a jury instruction regarding the defendant's failure to testify were not prejudicial errors.
• McCUNE v. Am. Inst. of Real Est. Appraisers
  30 Fla. Supp. 89· Dade Cty. Cir. Ct.· 1968-04-02 ·cited 2×
  McCune, a real estate appraiser, challenged disciplinary proceedings brought by the American Institute of Real Estate Appraisers (AIREA) for alleged ethics violations. The court granted McCune's motion for declaratory judgment, finding the charges fatally vague, the procedure def
• Cleo Marshall Gordon v. United States
  384 F.2d 598· 8th Cir.· 1967-11-03 ·cited 2×
  The court held that the presence of petit jurors during grand jury instructions, without specific reference to the defendant, did not constitute prejudicial error, especially when the trial court provided curative instructions.
• Scott v. United States
  335 F.2d 214· 9th Cir.· 1964-08-08 ·cited 2×
  The court held that the jury instruction regarding the effect of a prior felony conviction on a witness's credibility, when considered in context with the entire charge, did not constitute plain error.
• Nicolas v. Gov't OF Guam
  325 F.2d 781· 9th Cir.· 1963-12-27 ·cited 2×
  The court held that the defendant received a fair trial and that the evidence, including a corroborated confession and accomplice testimony, was sufficient to support the conviction.
• Johnson v. United States
  218 F.2d 578· 9th Cir.· 1954-12-13 ·cited 2×
  Bail pending appeal should only be granted if the case involves a substantial question that should be determined by the appellate court, and the burden is on the appellant to demonstrate this.
• Von Moltke v. United States
  189 F.2d 56· 6th Cir.· 1951-04-06 ·cited 2×
  The court held that the petitioner failed to meet her burden of proof in a collateral attack on her conviction, and the district court's findings of fact were supported by the evidence.
• Sistrunk v. United States
  162 F.2d 188· 5th Cir.· 1947-06-09 ·cited 2×
  The court held that the trial court did not err in its rulings regarding cross-examination, impeachment, and jury instructions, and affirmed the conviction.
• The Florida Bar v. Bryon R. Aven
  317 So. 3d 1095· Fla.· 2019-11-06 ·cited 1×
  The Florida Bar disciplined attorney Bryon Aven for professional misconduct during his unsuccessful 2018 campaign for Marion County Court Judge, where he made misleading statements about the incumbent judge's handling of criminal cases and rulings. The Florida Supreme Court appro
• Weddington v. State
  270 So. 3d 468· Fla. 1st DCA· 2019-04-09 ·cited 1×
  The trial judge's comments to excused prospective jurors after jury selection, delivered in the presence of selected jurors, do not constitute fundamental error where the comments emphasized the importance of jury service, the presumption of innocence, and the state's burden of p
• Thompson v. State
  192 So. 3d 711· Fla. 1st DCA· 2016-06-07 ·cited 1×
  George Thompson was convicted of aggravated stalking after a jury trial in which heavily-edited videos of his first court appearance (showing him in jail garb) were admitted. Thompson appealed, arguing that displaying him in jail clothing violated his right to a fair trial and th
• Norton-Nugin v. State
  179 So. 3d 557· Fla. 2d DCA· 2015-12-02 ·cited 1×
  The court held that a $150,000 bond was excessive and punitive given the defendant's limited financial resources and the availability of special conditions to ensure appearance and community safety.
• Moskowitz v. Laine Moskowitz
  998 So. 2d 660· Fla. 4th DCA· 2009-01-05 ·cited 1×
  A judge's arrest for drug possession, combined with other conduct during trial, creates a well-founded fear of unfairness requiring disqualification.
• Dorsett v. State
  941 So. 2d 587· Fla. 4th DCA· 2006-11-15 ·cited 1×
  In a criminal trial, the court reversed the conviction and remanded for a new trial because the trial court erred in denying the defendant's cause challenge to a prospective juror who could not accept the presumption of innocence and believed the defendant had to prove his own in
• Parker v. State
  795 So. 2d 1096· Fla. 4th DCA· 2001-10-03 ·cited 1×
  Kevin Parker was convicted as an aider and abettor to robberies and murders committed by Robert Rimmer at an audio electronics store. The Fourth District Court of Appeal affirmed Parker's convictions, holding that sufficient circumstantial evidence—including his presence at the s
• Lowe v. State
  718 So. 2d 920· Fla. 4th DCA· 1998-10-01 ·cited 1×
  The Florida Fourth District Court of Appeal reversed a criminal conviction and remanded for a new trial, finding that the trial judge abused his discretion by failing to excuse a juror for cause who demonstrated a fundamental misunderstanding of the presumption of innocence. The
• United States v. Davis
  974 F.2d 182· D.C. Cir.· 1992-09-08 ·cited 1×
  The court held that prosecutorial statements about perjury, the trial court's reading of testimony, and a transcription error did not constitute reversible error, and the evidence was sufficient to support the conviction.
• Scott v. Ohio
  480 U.S. 923· U.S.· 1987-03-09 ·cited 1×
  The Florida Supreme Court reviewed a sentencing guideline departure decision certified as conflicting with another district court decision on whether a trial court's written finding that a recommended guidelines sentence is insufficient constitutes a clear and convincing reason f
• Thomas v. State
  494 So. 2d 240· Fla. 4th DCA· 1986-09-03 ·cited 1×
  Curtis Lee Thomas was convicted of sexual battery, burglary, and robbery following a live lineup identification. The appellate court affirmed his conviction and sentence, holding that the preliminary hearing purged the taint of an illegal arrest and that subsequent identification
• United States v. Botero
  604 F. Supp. 1028· S.D. Fla.· 1985-03-14 ·cited 1×
  The Court held that the Bail Reform Act of 1984 is a regulatory measure, not punitive, and its application to defendants whose alleged crimes occurred before its enactment does not violate the ex post facto clause. The Court also affirmed the pretrial detention order, finding the
• Thomas (Fred Phillip) Roush v. State
  413 So. 2d 15· Fla.· 1982-04-08 ·cited 1×
  The Florida Supreme Court upheld the constitutionality of section 812.035 of the Florida Statutes, which provides civil remedies for violations of the Anti-Fencing Act, and affirmed a circuit court's order enjoining and seizing property of a transmission repair business engaged i
• Whitten v. State
  296 So. 2d 63· Fla. 1st DCA· 1974-06-25 ·cited 1×
• Ball v. State
  207 So. 2d 492· Fla. 3d DCA· 1968-03-05 ·cited 1×
  The court held that there was sufficient competent evidence to sustain the jury's verdicts of second-degree murder and that no prejudicial error occurred during the trial.
• Vernell Cooper v. City OF Fort Lauderdale
  203 So. 2d 16· Fla. 4th DCA· 1967-10-10 ·cited 1×
  Vernell Cooper challenges his municipal court conviction for willfully destroying property subject to a search warrant. The Florida Fourth District Court of Appeal affirms the conviction, holding that the municipal ordinance's presumption that destroyed property was the object of
• Osee Bob Paul v. State
  Fla. 4th DCA· 2026-09-02
  A prosecutor's rebuttal closing argument comment that the defendant could have performed roadside exercises or provided a breath sample does not improperly shift the burden of proof when the comment is isolated, made in context of the state's repeated emphasis on its burden, and
• Wright
  Del.· 2026-02-12
  Allen Wright appeals his conviction for driving with a prohibited alcohol content, challenging a jury instruction that used the word "should" rather than "must" when directing acquittal upon reasonable doubt. The Delaware Supreme Court affirmed, holding that the instruction, when
• Osorio v. State
  Fla. 3d DCA· 2026-02-04
  A prosecutor improperly shifts the burden of proof when arguing that a defendant could have proven his innocence by submitting to a breath-alcohol test, even though the prosecutor may properly argue that refusal to submit constitutes consciousness of guilt. The error is not harml
• Ty-ree Dixon v. State
  Fla. 3d DCA· 2025-10-01
  An unpreserved error of providing a jury with an out-of-evidence stipulation regarding a defendant's prior felony conviction does not constitute fundamental error requiring reversal where the defendant made no contemporaneous objection or motion for new trial and the evidence of
• Smith v. State
  Fla. 3d DCA· 2025-09-24
  A trial court's use of an extended metaphor during voir dire to explain reasonable doubt and presumption of innocence does not constitute reversible error when the court exercises discretion carefully and responds appropriately to juror concerns, though trial courts should exerci
• Weddington, II v. Sec'y Dep't of Corr. (Nassau County)
  M.D. Fla.· 2025-08-20
  Jeffrey Allen Weddington II, incarcerated in the Florida penal system, sought federal habeas corpus relief challenging his 2017 state court conviction for sexual battery, domestic felony battery, and false imprisonment, but the federal district court denied relief on all four gro
• United States v. Alhaji Touray
  11th Cir.· 2025-08-19
  Any error in empaneling an anonymous jury was harmless, and the district court did not err in refusing a multiple-conspiracies instruction or in considering acquitted conduct at sentencing.
• Gioia v. Bradshaw
  S.D. Fla.· 2025-08-08
  The court adopted in part the Magistrate Judge's Report and Recommendation, dismissing the complaint with prejudice and restricting the pro se plaintiff's future filings in the case.
• Davine Boyce v. State of Del.
  Del.· 2025-05-15
  The appellate court affirmed the trial court's judgment of conviction, holding that the trial court did not err by refusing to give a "mere presence" jury instruction. The court found that the jury instructions, when considered as a whole, adequately conveyed that more than the d
• Morris v. Sec'y, Fla. Dep't of Corr.
  S.D. Fla.· 2025-05-09
  The court affirmed the magistrate judge's report and recommendation, denying the petitioner's habeas corpus petition and certificate of appealability.
• Smith v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2025-02-11
  Oscar Wesley Smith, convicted of second-degree murder in the 2006 killing of a homeless woman in Ruskin, Florida, sought federal habeas relief challenging his life sentence on multiple grounds of ineffective assistance of counsel and prosecutorial misconduct. The district court d
• Quintanilla v. State
  Fla. 3d DCA· 2025-01-08
  A defendant is entitled to a new trial when the prosecutor improperly bolsters an officer's testimony by vouching for the officer's credibility and mischaracterizes defense witness testimony in closing argument, particularly in a close case turning on witness credibility where th
• McCain v. Sec'y, Dep't of Corr. (Polk County)
  M.D. Fla.· 2024-08-26
  The court held that the petitioner's claims of ineffective assistance of counsel were either procedurally barred or failed on the merits, as the state court's decisions were not contrary to federal law and were based on reasonable determinations of fact.
• Ramirez v. State
  Fla. 4th DCA· 2024-08-07
  The failure to include Standard Jury Instruction 3.7 regarding reasonable doubt and the presumption of innocence in the final jury charge constitutes fundamental error requiring reversal and a new trial, even when the trial court provided similar instructions during voir dire and
• Rivera v. State
  Fla. 4th DCA· 2023-10-25
  The appellate court reversed a conviction for vehicular homicide and reckless driving, finding that the trial court abused its discretion by improperly restricting jury voir dire. The defendant was prevented from questioning potential jurors about their willingness to consider a
• Bright v. Sec'y, Dep't of Corr., State of Fla. (Duval County)
  M.D. Fla.· 2023-09-22
  Vernord Lavon Bright, a 19-year-old convicted of sexual battery and sexual battery with a deadly weapon, filed a federal habeas petition challenging his life sentence under 28 U.S.C. § 2254, raising nine grounds including claims of excluded evidence, judicial bias, ineffective as
• Deshaun Harris
  Del.· 2023-07-14
  The Delaware Supreme Court affirmed the Superior Court's decision to admit prison phone call recordings, finding no abuse of discretion. The court held that the recordings were relevant and their probative value in corroborating witness testimony and proving witness tampering cha
• Medina-Tamayo v. State
  Fla. 4th DCA· 2023-05-03
  A witness identification from a single photograph is not subject to suppression under the exclusionary rule when procured by private parties rather than State action, and a trial court does not err in declining to reinstruct a jury on burden of proof when the jury has already rec
• Medina-Tamayo v. State
  Fla. 4th DCA· 2023-05-03