Presumption Of Innocence

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

• In re Inquiry Concerning a Judge re Harvey N. Shenberg. In re Inquiry Concerning a Judge re Alfonso C. Sepe
  632 So. 2d 42· Fla.· 1991-10-15
  The Florida Supreme Court affirmed its suspension without compensation of two judges charged in a federal indictment for corrupt judicial conduct and racketeering. The court held that a grand jury indictment provides sufficient probable cause to suspend judges without compensatio
• United States v. Koskotas
  888 F.2d 254· 2d Cir.· 1989-10-27
  The appellate court held that the district court erred in presuming exculpatory evidence from destroyed documents and in dismissing the indictment without a hearing on the likelihood of prejudice.
• Senk v. Zimmerman
  886 F.2d 611· 3d Cir.· 1989-09-29
  Counsel's failure to challenge a jury instruction on intent was not ineffective assistance because the relevant constitutional law had not yet been clearly established at the time of trial.
• Felts v. Estelle
  875 F.2d 785· 9th Cir.· 1989-05-30
  The court held that compelling an indigent defendant to stand trial in prison garb due to financial inability to obtain other attire violates the due process clause.
• United States v. Cordero
  860 F.2d 1034· 11th Cir.· 1988-11-28
  The evidence was sufficient to prove beyond a reasonable doubt that the amount of cocaine involved was 500 grams or more, triggering the enhanced penalty provisions.
• United States v. Solomon
  856 F.2d 1572· 11th Cir.· 1988-10-12
  The court held that the trial court did not commit plain error by failing to give a specific instruction on the presumption of innocence at the close of the case, nor did it err in its instructions on witness credibility or by allowing joint representation, as no actual conflict
• Lego v. Illinois
  488 U.S. 902· U.S.· 1988-10-11
• Dent v. State
  528 So. 2d 82· Fla. 4th DCA· 1988-07-06
• Pugh v. State
  518 So. 2d 424· Fla. 2d DCA· 1988-01-08
  Jeffrey Pugh appealed his convictions for escape, robbery, burglary, and kidnapping, challenging the trial court's refusal to sever the escape charge and arguing the sentences violated sentencing guidelines. The appellate court affirmed the convictions but reversed the sentences
• Singleton v. State
  512 So. 2d 1159· Fla. 3d DCA· 1987-09-29
• United States v. Glenn
  828 F.2d 863· 1st Cir.· 1987-09-10
  A variance between the indictment charging a single conspiracy and the proof showing separate conspiracies prejudices a defendant if it affects substantial rights, but is harmless error if it does not.
• Coleman v. Butler
  816 F.2d 1046· 5th Cir.· 1987-05-15
  The court held that the jury instruction regarding the presumption from unexplained possession of recently stolen property did not create an unconstitutional mandatory presumption, and thus affirmed the conviction.
• United States v. Williams
  809 F.2d 63-75· 1st Cir.· 1986-12-31
  The court held that the trial court did not err in denying mistrial motions related to the jury viewing defendants in custody or in refusing certain jury instructions, and that any errors regarding the indictment's submission were harmless.
• United States v. Carter
  804 F.2d 487· 8th Cir.· 1986-11-03
  The court held that even if statements obtained through deception were improperly admitted, the error was harmless beyond a reasonable doubt, and the admission of hearsay and refusal of voir dire questions were also not grounds for reversal.
• Williams v. A.L. Lockhart
  797 F.2d 344· 8th Cir.· 1986-08-05
  The court held that a juror's voir dire statements did not demonstrate bias and a prosecutor's rebuttal argument did not improperly comment on the defendant's failure to testify.
• Moran v. Ohio
  469 U.S. 948· U.S.· 1984-10-29
  The dissenting justices argue that certiorari should be granted to review the Ohio appellate court's holding that the jury was properly instructed that the petitioner had the burden of proving self-defense by a preponderance of the evidence. They contend that the Due Process Clau
• Berry v. State
  453 So. 2d 197· Fla. 4th DCA· 1984-07-25
  Berry was convicted of driving under the influence and leaving the scene of an accident. The appellate court affirmed, rejecting his claims that the jury instruction on blood alcohol test results as prima facie evidence was incomplete and that other evidentiary errors occurred.
• Shaw v. State
  449 So. 2d 307· Fla. 1st DCA· 1984-03-14
  A dissenting judge argues that a trial court erred by refusing to abide by a plea agreement and imposing a significantly longer sentence after the defendant committed another crime while awaiting sentencing.
• Wickham v. Hall
  706 F.2d 713· 5th Cir.· 1983-06-10
  The court held that the Parole and Probation Commission may correct its own scoring errors on review, even if it results in a higher presumptive parole release date, provided the aggravation is factually supported and not already included in the offense definition.
• Davis v. State
  436 So. 2d 196· Fla. 4th DCA· 1983-06-01
  Tyrone Davis was convicted of robbery with a firearm based primarily on circumstantial evidence that he entered a store minutes before two others robbed it. The appellate court reversed, holding that the circumstantial evidence was insufficient to prove Davis's intent to aid and
• United States v. Leisure
  710 F.2d 422· 8th Cir.· 1983-05-17
  The court should rehear the case en banc and affirm the district court's order regarding bail.
• Prasan Meechaicum v. Fountain
  696 F.2d 790· 10th Cir.· 1983-01-07
  A state cannot deny bail for local charges when a detainee is also held for extradition, as this creates a constitutionally impermissible situation where neither state's laws allow for bail.
• Topley v. State
  424 So. 2d 81· Fla. 4th DCA· 1982-12-15
  The court held that there was substantial competent evidence to support the trial court's finding that the appellant was not compelled to go to trial in prison garb.
• Anderson v. Fuller
  455 U.S. 1028· U.S.· 1982-03-22
  The dissent argues that the federal courts improperly granted habeas corpus relief by reweighing evidence and failing to view it in the light most favorable to the prosecution, thereby usurping the jury's role.
• United States v. Lane
  624 F.2d 1336· 5th Cir.· 1980-08-28
  The court held that the defendant's waiver of a mistrial was knowing, voluntary, and intelligent, and that the trial judge's actions did not constitute reversible error.
• Marquit Grimett and Ronald Beasley v. State
  383 So. 2d 698· Fla. 4th DCA· 1980-04-30
  The court held that the trial court did not err in refusing to declare a mistrial based on a juror's statements, a discovery violation, or a speedy trial rule violation.
• Benefield v. State
  374 So. 2d 455· Fla.· 1978-12-21
• Freeman v. Zahradnick
  429 U.S. 1111· U.S.· 1977-02-22
• Karen v. California
  429 U.S. 900· U.S.· 1976-10-18
• United States v. Cunningham
  523 F.2d 218· 8th Cir.· 1975-09-18
  The court held that the district court did not abuse its discretion in limiting voir dire questions, as the defendant was afforded a fair trial and the presumption of innocence was protected.
• Bowman v. Bordenkircher
  522 F.2d 209· 4th Cir.· 1975-08-04
  The court held that the district court's denial of habeas corpus relief was proper, as the magistrate's report and recommendation did not constitute an unconstitutional delegation of judicial power and the district judge conducted an adequate review.
• In re THE Florida BAR
  326 So. 2d 7· Fla.· 1975-07-09
  The Florida Supreme Court granted The Florida Bar's petition to amend Article XVI of the Integration Rule concerning unauthorized practice of law. The amended rule established a comprehensive framework for investigating and prosecuting unauthorized practice of law through circuit
• Price v. State
  295 So. 2d 338· Fla. 4th DCA· 1974-05-24
• City of Rockledge v. Lester
  40 Fla. Supp. 70· Fla. Cir. Ct.· 1974-01-04
  Mere presence as a passenger in a vehicle driven by a minor violating a curfew ordinance does not, by itself, constitute contributing to the delinquency of a minor.
• Spells v. State
  283 So. 2d 54· Fla. 4th DCA· 1973-09-19
  Appellant was convicted of second-degree murder, but the appellate court concluded the evidence could only sustain a conviction of manslaughter. The court reversed and remanded for a new judgment, finding that while the trial judge improperly omitted portions of the standard jury
• Neely v. Pennsylvania
  411 U.S. 954· U.S.· 1973-04-23
• In the Interest of A. S., Jr. v. State
  275 So. 2d 286· Fla. 3d DCA· 1973-03-27
  A juvenile appealed his adjudication for delinquency, challenging the trial judge's denial of a motion to disqualify based on alleged bias. The appellate court affirmed, holding that the appellant failed to comply with statutory procedures for mandatory disqualification and did n
• State v. Rutrell
  36 Fla. Supp. 128· Broward Cty. Cir. Ct.· 1971-11-04
  The court addressed a First Amendment challenge to orders restricting media coverage of a suppression hearing in a capital crime case. The court held that while it may control courtroom publicity to protect the defendant's fair trial rights, it cannot prohibit the press from repo
• Cipriano D. Alonzo v. United States
  439 F.2d 991· 9th Cir.· 1971-03-09
  The court held that the forcible entry and seizure of evidence were lawful under exigent circumstances, and the jury instructions regarding the statutory presumption were proper.
• United States v. Zebadee Thomas Elliott
  426 F.2d 775· 5th Cir.· 1970-05-25
  The court held that the prosecutor's statement was not grounds for a mistrial and that the jury instructions were not plain error.
• United States v. Bradford
  423 F.2d 681· 6th Cir.· 1970-03-31
  The court held that the evidence presented was sufficient to withstand a motion for a directed acquittal, and reasonable minds could find the defendant guilty beyond a reasonable doubt.
• Adolph Joseph Olinde and Ramon Zatrain Vasquez v. United States
  422 F.2d 1314· 9th Cir.· 1970-02-25
  The court held that the statutory presumption of knowledge of importation under 21 U.S.C. § 174 does not violate the Fifth Amendment's Due Process or self-incrimination clauses, and that the jury instructions were proper.
• Eastman v. Purdy
  31 Fla. Supp. 92· Dade Cty. Cir. Ct.· 1968-09-17
  The court held that it cannot order the expungement of arrest records when a state statute mandates their creation and transmission.
• Petition of Leo Robert Forcella for a Writ of Habeas Corpus
  371 F.2d 37· 3d Cir.· 1967-01-17
  The court held that the defendant was denied due process due to prejudicial statements made during voir dire and his exclusion from a chambers conference.
• Carlisle v. State
  186 So. 2d 529· Fla. 1st DCA· 1966-05-05
  E.J. Carlisle was convicted by jury of aggravated assault after being charged with assault with intent to commit murder in the first degree. On appeal, he challenged the trial court's jury instructions on the presumption of innocence and lesser included offenses, but the appellat
• Alcie Fletcher v. United States
  334 F.2d 584· 9th Cir.· 1964-06-24
  The court held that the failure to disclose information from a prior trial did not deny the defendant a fair trial because the same information was presented by the same witness in the current trial.
• Bass v. United States
  324 F.2d 168· 8th Cir.· 1963-11-01
  The court held that the evidence was sufficient to support the jury's verdict and that the trial court did not err in its instructions or rulings.
• Wojcik v. Burton Palmer
  318 F.2d 171· 7th Cir.· 1963-06-13
  A federal court cannot grant declaratory or injunctive relief to stay state court ordinance prosecutions, as such actions would disrupt state court proceedings and violate federal statutes.
• Doyle v. United States
  318 F.2d 419· 8th Cir.· 1963-06-12
  The court held that the indictment was sufficient and the evidence supported the conviction for embezzlement from a labor organization.
• Black v. United States
  309 F.2d 331· 8th Cir.· 1962-10-30
  The court held that the evidence was sufficient to support the jury's verdict of guilty for willful tax evasion, as the jury could reasonably infer knowledge and intent from the circumstances.