Presumption Of Innocence

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

• Primerica Life Ins. Co. v. Johnson
  S.D. Fla.· 2022-08-11
  The court granted Primerica's motions, allowing it to interplead the insurance benefit, deduct attorney's fees and costs, and be discharged from liability, while entering default judgment against Xavier Johnson.
• Beiler v. Sec'y, Dep't of Corr. (Sarasota County)
  M.D. Fla.· 2022-06-21
  The court held that Beiler's claims were procedurally defaulted and that he failed to establish cause or prejudice to overcome the default. His claim regarding ineffective assistance of counsel for failing to strike the jury panel was also denied.
• Gonzalez-Betancourt v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2022-03-31
  The court denied the petition for a writ of habeas corpus, finding all grounds procedurally barred due to failure to exhaust state remedies.
• Thourtman v. Junior
  338 So. 3d 207· Fla.· 2022-03-17
  Article I, Section 14 of the Florida Constitution does not prohibit a trial court from deferring a ruling on bail and detaining a defendant for a reasonable time to conduct a full Arthur hearing upon a finding of probable cause that the defendant committed a crime punishable by c
• Wright v. State
  Fla. 3d DCA· 2021-12-01
  Samuel Wright appeals his convictions for first-degree murder, armed robbery, and burglary, challenging the trial court's refusal to excuse a prospective juror for cause based on her responses during voir dire regarding the presumption of innocence. The appellate court agrees tha
• Gendron v. State
  M.D. Fla.· 2021-09-10
  The court held that the petitioner's claims were procedurally defaulted or barred, and the state court's denial of relief was not contrary to or an unreasonable application of federal law.
• v. ID No. 1210020570A Reuel RAY
  Del. Super. Ct.· 2021-05-19
  The court denied the defendant's motion for postconviction relief. Claims previously adjudicated on direct appeal were procedurally barred. The defendant's Brady claim failed because he could not establish prejudice, and his ineffective assistance of counsel claims also failed du
• Sherod C. Greene v. State
  Fla. 4th DCA· 2021-05-05
  A defendant's appearance before the jury in prison attire and shackles does not warrant a new trial when the defendant is responsible for such appearance through his own willful uncooperativeness and refusal to change into civilian clothes despite repeated judicial offers and war
• Ferguson v. State
  Fla. 1st DCA· 2021-04-30
  The appellate court affirmed the trial court's denial of a postconviction motion. The defendant argued his trial counsel was ineffective for failing to seek a mistrial when he was seen in shackles and for failing to suppress the victim's identification. The court found the decisi
• Alvarez v. Sec'y, Dep't of Corr. (Brevard County)
  M.D. Fla.· 2021-01-19
  Raydel Alvarez was convicted of first-degree murder and other crimes related to a 2007 home invasion robbery, and he sought federal habeas relief arguing that his trial counsel was ineffective and the prosecutor made improper comments. The federal district court denied all nine g
• Shaw v. State
  Fla. 2d DCA· 2020-09-11
  A trial court's requirement that a defendant wear a stun belt in the presence of the jury is error unless the court makes express and specific findings justifying the restraint. When a defendant is forced to choose between wearing an unjustified restraint or being absent from tri
• Green
  Del.· 2020-08-17
  The Delaware Supreme Court affirmed the Superior Court's denial of the defendant's motion for postconviction relief. The Court held that while the defendant's ineffective assistance of counsel claims were not procedurally barred, they failed on the merits because the defendant co
• V. : Ralph E. Swan
  Del. Super. Ct.· 2020-02-21
  The Court denied the defendant's motion for postconviction relief, finding that most claims were procedurally barred due to untimeliness and prior adjudication. Where claims were not procedurally barred, they were denied on the merits, as the defendant failed to demonstrate ineff
• Usry v. State
  Fla. 2d DCA· 2019-11-13
  The omission of Florida Standard Jury Instruction 3.7 or a related instruction defining the reasonable-doubt standard constitutes fundamental error requiring reversal and remand for a new trial.
• Sonneman v. State
  260 So. 3d 1181· Fla. 5th DCA· 2018-12-28
  The trial court did not abuse its discretion in denying the defendant's motion to interview the foreperson because the defendant failed to establish that the foreperson concealed information or that the defendant exercised due diligence, as neither party asked jurors whether they
• Clark Daniel Mayers v. State
  Fla. 1st DCA· 2018-12-17
  The First District Court of Appeal granted a petition for writ of prohibition in a Stand Your Ground immunity case, holding that Chapter 2017-72 of the Florida Statutes, which shifted the burden of proof from the defendant to the prosecution in immunity proceedings, applies retro
• Rodriguez v. State
  259 So. 3d 846· Fla. 4th DCA· 2018-09-26
  An incarcerated defendant bears the initial responsibility to obtain civilian clothing for trial from personal funds, family, friends, or charitable organizations; the State is not required to provide clothing, and a defendant who appears in jail clothes and refuses to proceed in
• Gabriel v. State
  254 So. 3d 558· Fla. 4th DCA· 2018-06-27
  The trial court erred by allowing the prosecutor to mislead the jury about the "mere presence" legal standard, by allowing references to facts not in evidence, and by permitting comments that improperly criticized the defendant's exercise of his right to trial. The cumulative eff
• State v. Danterious Lawrence
  219 So. 3d 941· Fla. 4th DCA· 2017-05-24
  The appellate court reviewed a lower court's order finding a Florida statute unconstitutional. The appellate court granted the State's petition for certiorari, quashing the lower court's order and holding the statute constitutional.
• Willoughby v. State
  218 So. 3d 935· Fla. 4th DCA· 2016-12-14
  Defendant Willoughby appealed his convictions for burglary and grand theft, challenging the trial court's exclusion of the word 'believe' during jury voir dire questioning about the presumption of innocence and the failure to prove theft value exceeded $300. The court affirmed th
• Vasquez v. S.L
  9th Cir. Ct. App. Div.· 2015-12-12
  George Vasquez, a UCF student, sought certiorari review of his suspension through Spring 2018 for alleged sexual misconduct against a fellow ROTC cadet. The court denied the petition, finding that the university's student conduct proceeding provided due process and was supported
• United States v. Rouhani
  2015 U.S. Dist. LEXIS 56809· M.D. Fla.· 2015-04-30
• Long v. State
  151 So. 3d 498· Fla. 1st DCA· 2014-10-29
  Brian Scott Long appeals his convictions for sexual abuse of his former stepdaughter. The Florida District Court of Appeal reversed his convictions and remanded for a new trial because jurors were exposed pre-trial to men wearing "Bikers Against Child Abuse" jackets, creating an
• Figueroa v. State
  15th Cir. Ct. App. Div.· 2014-09-11
  Miguel Anjel Figueroa was convicted of DUI and appealed on two grounds: denial of a motion to suppress and denial of a cause challenge to a prospective juror. The appellate court affirmed the suppression ruling but reversed and remanded on the juror challenge, finding manifest er
• Stanford v. State
  9th Cir. Ct. App. Div.· 2014-04-09
  Ruth Stanford appealed a hearing officer's determination that she violated Florida's red light traffic law based on red light camera evidence. The appellate court reversed and remanded because the record was unclear whether the hearing officer actually reviewed the affidavit esta
• Johnson v. State
  125 So. 3d 1049· Fla. 4th DCA· 2013-07-31
  Kenneth Johnson was convicted of lewd and lascivious battery while forced to wear jail clothes during trial despite his counsel's objection and availability of alternative attire. The Fourth District Court of Appeal reversed and remanded for a new trial, holding that compelling a
• Allen v. State
  125 So. 3d 191· Fla. 4th DCA· 2013-01-23
  The court held that the defendant's claim of ineffective assistance of counsel for failing to sever the DUI and refusal charges was facially sufficient, requiring either an evidentiary hearing or attachment of additional record portions.
• Reppert v. State
  86 So. 3d 525· Fla. 2d DCA· 2012-03-16
  The trial court did not abuse its discretion by refusing to strike the entire venire after one prospective juror expressed a general belief about individuals facing criminal trials, as the comment did not indicate knowledge of the defendant's specific past and any potential taint
• Michaels
  Del.· 2009-03-17
  The Delaware Supreme Court affirmed the Superior Court's judgments, holding that the trial court did not abuse its discretion in denying motions for a mistrial based on the introduction of a "teardrop tattoo" and a prosecutor's proximity to a defendant while holding a weapon. The
• In & for New Castle Cnty.
  Del. Super. Ct.· 2007-08-13
  The court affirmed the denial of the defendant's motion for postconviction relief. The court held that the claim of ineffective assistance of appellate counsel was procedurally barred and, alternatively, failed the Strickland test because the omitted hearsay issue was not clearly
• Guy
  Del.· 2006-11-16
  The Delaware Supreme Court affirmed the Superior Court's convictions, finding no merit in the defendant's arguments regarding jury instructions, suppression of evidence, admission of physical evidence, denial of a mistrial, jury view of the crime scene, felony murder conviction,
• LeBRON v. State
  885 So. 2d 448· Fla. 5th DCA· 2004-10-22
  Gregory LeBron appealed the denial of his Rule 3.850 motion for postconviction relief on twenty-one grounds. The trial court denied the motion as untimely, but the appellate court remanded because the mailbox rule may have rendered the motion timely, and at least one ground—alleg
• Lewis v. State
  864 So. 2d 1211· Fla. 4th DCA· 2004-01-21
  Leonard Lewis appealed the summary denial of his Rule 3.850 post-conviction motion challenging his conviction for firearm possession by a convicted felon. The court affirmed the denial of claims one through three but reversed and remanded claim four, which alleged ineffective ass
• United States v. Durham
  219 F. Supp. 2d 1234· N.D. Fla.· 2002-08-29
  The court held that the use of a stun belt is the best available means to ensure courtroom security and protect the defendant's constitutional rights, given his history of dangerousness and escape attempts.
• Akins v. State
  802 So. 2d 490· Fla. 4th DCA· 2001-12-26
  The court held that rejecting an offer to replace a potentially biased juror with an alternate, when the jury had already been sworn, was a reasonable tactical decision by trial counsel, thus not constituting ineffective assistance of counsel.
• James v. State
  736 So. 2d 1260· Fla. 4th DCA· 1999-07-14
  Evelyn James challenged three prospective jurors for cause in a possession of controlled substance case, arguing they could not be impartial. The trial court denied all three challenges. The Fourth District Court of Appeal reversed, holding that two jurors demonstrated bias again
• Donnie Jackson v. State
  698 So. 2d 1299· Fla. 4th DCA· 1997-08-27
  Donnie Jackson was convicted of battery on a law enforcement officer. On appeal, Jackson challenged the trial court's order handcuffing a defense witness to the witness stand, arguing this violated his right to a fair trial by prejudicing the jury against his witness's testimony.
• Smith v. State
  682 So. 2d 1143· Fla. 4th DCA· 1996-10-16
  Charles Smith appeals his convictions for kidnapping, impersonating a law enforcement officer, extortion, and burglary, challenging the trial court's preliminary jury instructions on reasonable doubt. The Fourth District Court of Appeal affirmed the conviction but remanded for re
• Reyes v. State
  674 So. 2d 921· Fla. 4th DCA· 1996-06-05
  Luis Enrique Reyes was convicted of aggravated battery with a deadly weapon, but the Fourth District Court of Appeal reversed because the trial court gave an instruction to the venire that unlawfully minimized the reasonable doubt standard. The court found this constituted fundam
• United States v. Hall
  999 F.2d 1298· 8th Cir.· 1993-08-03
  The court held that the evidence was insufficient to support a conviction for involuntary manslaughter beyond a reasonable doubt, as it did not overcome the reasonable doubt that either the defendant or his wife was the perpetrator.
• United States v. Taylor
  997 F.2d 1551· D.C. Cir.· 1993-07-20
  The court affirmed convictions and sentences, finding no error in the denial of the motion to suppress, the reasonable doubt jury instruction, the refusal of an identification instruction, or the obstruction of justice enhancement.
• United States v. Ortiz-Arrigoitia
  996 F.2d 436· 1st Cir.· 1993-06-11
  The court held that the trial judge conducted an adequate inquiry into alleged juror misconduct and that a mid-trial remark did not impermissibly shift the burden of proof. Convictions are affirmed.
• United States v. Hojatollah Tajeddini
  996 F.2d 1278· 1st Cir.· 1993-06-03
  The court affirmed the conviction, holding that the prosecutor's closing arguments did not constitute plain error, the denial of a continuance was proper, and the late disclosure of defendant's statements did not violate discovery rules or prejudice the defense.
• United States v. Mason
  993 F.2d 406· 4th Cir.· 1993-05-17
  The court held that cross-examining character witnesses with guilt-assuming hypothetical questions was improper and, given the weakness of the evidence, constituted reversible error.
• Yarrington v. Davies
  992 F.2d 1077· 10th Cir.· 1993-04-30
  The court held that a petitioner alleging ineffective assistance of counsel must demonstrate both deficient performance and prejudice, and that the trial counsel's misstatements regarding the burden of proof and failure to object to certain evidence did not meet this standard.
• United States v. Jiles Dalewin Johnson
  990 F.2d 1129· 9th Cir.· 1993-04-07
  The court held that a dog sniff of luggage, while in airline custody and before it would have been placed on a flight, did not constitute a seizure under the Fourth Amendment, and that the trial judge's comments during voir dire were not plain error.
• United States v. Pierre
  974 F.2d 1355· D.C. Cir.· 1992-09-18
  The court held that a jury instruction stating it is the jury's duty to find a defendant guilty if the government proves all elements beyond a reasonable doubt is proper.
• United States v. Hanley
  974 F.2d 14· 4th Cir.· 1992-08-28
  The court held that the district court did not abuse its discretion in denying a motion to withdraw counsel and that a jury instruction error did not constitute plain error.
• Bembury v. Butler
  968 F.2d 1399· 1st Cir.· 1992-07-07
  Although jury instructions on malice were constitutionally defective, the error was harmless beyond a reasonable doubt because the evidence overwhelmingly supported the verdict independent of the erroneous instructions.
• United States v. Patriarca
  948 F.2d 789· 1st Cir.· 1991-10-28
  The court ordered a remand for additional factfinding on net worth regarding pretrial detention conditions.