Presumption Of Innocence

1,266 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Thomas v. A.L. Lockhart
  738 F.2d 304· 8th Cir.· 1984-07-05 ·cited 46×
  The court held that the defendant did not receive effective assistance of counsel, and therefore his guilty plea was not voluntary, knowing, and intelligent.
• Griffin v. State
  414 So. 2d 1025· Fla.· 1982-04-08 ·cited 46×
  Kenneth Griffin was convicted of two counts of first-degree murder in the robbery and killing of two men at a convenience store and sentenced to death. The Florida Supreme Court rejected his arguments regarding jury instructions, indictment dismissal, and the validity of the deat
• United States v. Long
  654 F.2d 911· 3d Cir.· 1981-06-30 ·cited 46×
  The court held that a restraining order enjoining the transfer of an airplane, purchased with profits from an illicit drug enterprise, is valid even when the property is held by a third party who received it from the defendant, as the forfeiture provisions are intended to prevent
• United States v. Clark J. Umentum
  547 F.2d 987· 7th Cir.· 1976-11-24 ·cited 46×
  The court held that the conspiracy statute 21 U.S.C. § 846 does not require proof of an overt act, and that the jury instructions, when considered as a whole, fairly stated the law and did not constitute reversible error.
• United States v. Edsel Griffin
  382 F.2d 823· 6th Cir.· 1967-08-23 ·cited 46×
  A conviction resting solely on the uncorroborated testimony of a paid, drug-addicted informer, without a special cautionary instruction to the jury, constitutes plain error requiring a new trial.
• The United States v. Echeles
  222 F.2d 144· 7th Cir.· 1955-04-20 ·cited 46×
  The dissenting judge believes the judgment should be reversed and the case remanded due to cumulative errors and lack of fair trial.
• Will Oglesby v. State
  156 Fla. 481· Fla.· 1945-10-23 ·cited 46×
  The Florida Supreme Court reversed Oglesby's conviction for receiving stolen property because the prosecutor made an improper remark during jury argument suggesting the defendant had committed other similar crimes, which was not adequately remedied by the trial judge's mild instr
• United States v. Schanerman
  150 F.2d 941· 3d Cir.· 1945-07-17 ·cited 46×
  The court held that the trial court committed reversible error by refusing to instruct the jury that the indictment itself is not evidence of guilt.
• Matarranz v. State
  133 So. 3d 473· Fla.· 2013-09-26 ·cited 45×
  Matarranz was convicted of first-degree murder and burglary after a jury trial. On appeal, the Florida Supreme Court held that the trial court erred in refusing to remove a prospective juror for cause who had expressed bias against defendants charged with property crimes based on
• Cotton v. State
  763 So. 2d 437· Fla. 4th DCA· 2000-06-09 ·cited 45×
  A defendant's out-of-court exculpatory statement offered for the truth of its content is inadmissible hearsay unless it falls within a recognized exception to the hearsay rule or qualifies under fairness principles such as the rule of completeness. The trial court did not abuse i
• United States v. Apodaca
  843 F.2d 421· 10th Cir.· 1988-04-01 ·cited 45×
  The court held that the evidence was sufficient to support the jury's finding that the defendant organized, supervised, or managed five or more persons for the Continuing Criminal Enterprise conviction. The court also held that admitting evidence of unindicted offenses did not co
• Pope v. State
  458 So. 2d 327· Fla. 1st DCA· 1984-10-02 ·cited 45×
  Ben Pope appeals his conviction for attempted premeditated murder, arguing the trial court erred by refusing to instruct the jury on the voluntary intoxication defense. The court reverses, holding that when any evidence of intoxication exists for a specific intent crime, the jury
• United States v. Allen
  588 F.2d 1100· 5th Cir.· 1979-02-05 ·cited 45×
  The court held that the evidence was sufficient to prove the jurisdictional requirements of the gambling statute and that the search warrant for Rosa Lee White's apartment was validly issued, thus affirming the convictions.
• United States v. Diggs
  527 F.2d 509· 8th Cir.· 1975-12-30 ·cited 45×
  The court held that the evidence presented was insufficient to sustain the jury's verdict of guilt for transporting a forged security in interstate commerce.
• Wilburn Shiver v. State
  41 Fla. 630· Fla.· 1899-06-01 ·cited 45×
  Wilburn Shiver was convicted of fraudulently altering animal marks and brands in violation of Florida law. The Florida Supreme Court affirmed the conviction, rejecting multiple challenges to the indictment's form, jury composition, continuance denial, venue change denial, and jur
• United States v. Risken
  788 F.2d 1361· 8th Cir.· 1986-04-18 ·cited 44×
  The court held that witness tampering is punishable under both 18 U.S.C. § 1503 and § 1512, and that a person can be considered a witness under § 1503 even if they have already testified or asserted their Fifth Amendment rights, as long as there is a possibility they could be rec
• United States v. Thomann
  609 F.2d 560· 1st Cir.· 1979-11-14 ·cited 44×
  The court held that the defendant lacked standing to challenge the search and seizure of his wife's fingerprints, and that his other claims regarding severance, jury instructions, and ineffective assistance of counsel were without merit.
• United States v. Theriault
  531 F.2d 281· 5th Cir.· 1976-05-10 ·cited 44×
  The court held that the appellant's shackling during trial was not an abuse of discretion given his history of misconduct and escape attempts, but that sentencing him for two separate assaults arising from a single act was improper.
• United States v. Maynard John Verdoorn
  528 F.2d 103· 8th Cir.· 1976-01-13 ·cited 44×
  The court affirmed the convictions, finding no reversible error in the trial court's rulings on evidence, jury instructions, or procedural matters.
• United States v. Blount
  479 F.2d 650· 6th Cir.· 1973-06-08 ·cited 44×
  The court held that the trial court's refusal to ask prospective jurors if they could accept the proposition of law that a defendant is presumed innocent constituted reversible error.
• Vaccaro v. United States
  461 F.2d 626· 5th Cir.· 1972-04-12 ·cited 44×
  The court held that the Leary decision, which struck down a statutory presumption regarding knowledge of illegal marijuana importation, must be applied retroactively. The court also established a harmless error rule for cases where the unconstitutional presumption was used.
• United States v. Lamerson
  457 F.2d 371· 5th Cir.· 1972-03-23 ·cited 44×
  The court held that certain statements made by the prosecuting attorney during closing arguments constituted reversible error.
• United States v. Ragsdale
  438 F.2d 21· 5th Cir.· 1971-01-29 ·cited 44×
• United States v. Waymon Austin Wynn
  415 F.2d 135· 10th Cir.· 1969-09-05 ·cited 44×
  The court held that the jury instructions given after the jury reported being deadlocked were not reversible error, and the search of the defendant's automobile was valid based on his consent.
• United States v. Miller
  381 F.2d 529· 2d Cir.· 1967-07-26 ·cited 44×
  The court held that the defendant's conviction for conspiracy to import heroin was supported by sufficient evidence and that various trial errors did not prejudice the defendant's right to a fair trial.
• Baker v. United States
  156 F.2d 386· 5th Cir.· 1946-07-10 ·cited 44×
  The court held that the evidence was sufficient to support a finding of one general conspiracy, and any potential errors were either harmless, corrected, or did not affect substantial rights, thus affirming the convictions.
• United States v. Johnson
  123 F.2d 111· 7th Cir.· 1941-09-15 ·cited 44×
  The court held that the indictment was not demurrable due to duplicity or improper grand jury term extensions, as the alleged crimes stemmed from a single, continuing scheme and the grand jury acted within its statutory authority.
• Powell v. State
  175 So. 213· Fla.· 1937-06-11 ·cited 44×
  Marcus Powell was convicted of first-degree murder and sentenced to death for the killing of his wife, Katie Powell. The Florida Supreme Court reviewed his conviction, rejecting challenges to witness testimony, jury qualification, search and seizure issues, venue, and continuance
• United States v. Garcia
  655 F.2d 59· 5th Cir.· 1981-09-04 ·cited 43×
  The court held that the evidence was sufficient to support the appellants' convictions for conspiracy and possession with intent to distribute cocaine, and that the trial court did not err in denying the motion for a mistrial.
• Dietz v. Warden
  640 F.2d 126· 8th Cir.· 1981-01-30 ·cited 43×
  A jury instruction creating a burden-shifting presumption of intent violates due process and requires federal habeas relief, even if not objected to at trial, provided the petitioner can show cause for the failure to object.
• Ernest v. State
  20 Fla. 383· Fla.· 1883-06-01 ·cited 43×
  Peter Ernest was convicted of first-degree murder for killing John Ferry with a razor wound to the neck that caused death by tetanus. The Florida Supreme Court reversed, holding that the trial court erred in charging the jury on the presumption of malice/premeditation and in refu
• Berrisford v. Wood
  826 F.2d 747· 8th Cir.· 1987-08-14 ·cited 42×
  The court affirmed the denial of the habeas petition, finding no constitutional error in the admission of evidence or jury instructions, and sufficient evidence for the conviction.
• Elledge v. State
  408 So. 2d 1021· Fla.· 1981-10-22 ·cited 42×
  The court held that the admission of evidence regarding a prior murder for which the defendant was subsequently convicted was permissible, and that the defendant's appearance in leg irons did not cause undue prejudice.
• Jacks v. Duckworth
  651 F.2d 480· 7th Cir.· 1981-06-10 ·cited 42×
  The dissenting judge argues that the state trial court's use of Instruction No. 5 impermissibly shifted the burden of proof on an essential element of the crime, and the admission of the defendant's request to speak to a lawyer was prejudicial error.
• United States v. Forrest
  623 F.2d 1107· 5th Cir.· 1980-08-14 ·cited 42×
  The court held that the evidence was sufficient to support both the perjury and jury tampering convictions, and that the trial court did not err in denying severance, continuance, or a new trial based on appearance in prison garb.
• United States v. Panza
  612 F.2d 432· 9th Cir.· 1979-11-13 ·cited 42×
  The dissenting judge would reverse the convictions because the trial court did not adequately consider or articulate the ineffectiveness of other sanctions before striking the defendant's entire testimony.
• McCARTY v. United States
  409 F.2d 793· 10th Cir.· 1969-04-07 ·cited 42×
  The court held that the evidence was sufficient to support the jury's verdict of willful tax evasion for 1962, and that the trial court did not err in admitting summary exhibits or in its jury instructions.
• United States v. Guglielmini
  384 F.2d 602· 2d Cir.· 1967-10-04 ·cited 42×
  The dissenting judge would affirm the jury's guilty verdicts, arguing that appellate courts should not reverse convictions based on minor trial irregularities when proof is ample.
• Harrell v. United States
  220 F.2d 516· 5th Cir.· 1955-03-25 ·cited 42×
  The court held that the trial court properly determined the materiality of the alleged perjured testimony, that the testimony was indeed material, and that the admission of prior trial testimony was permissible.
• Banks v. United States
  204 F.2d 666· 8th Cir.· 1953-05-27 ·cited 42×
  The court held that the evidence was sufficient to support the conviction for willful tax evasion and that the trial court did not abuse its discretion in its rulings regarding the indictment, jury selection, evidence admission, or jury instructions.
• Lurding v. United States
  179 F.2d 419· 6th Cir.· 1950-02-01 ·cited 42×
  The court held that erroneous jury instructions regarding the defendant's alleged handbook operation and the standard for proving guilt were prejudicial and required reversal.
• Canella v. United States
  157 F.2d 470· 9th Cir.· 1946-09-16 ·cited 42×
  The court held that a variance between charging a single conspiracy and proving multiple conspiracies is fatal if it affects the substantial rights of the accused, particularly due to the "sheer difference in numbers" of conspiracies and defendants, leading to a risk of guilt tra
• Belcher v. State
  961 So. 2d 239· Fla.· 2007-06-14 ·cited 41×
  James Belcher appeals the circuit court's denial of his postconviction motion for relief under Florida Rule of Criminal Procedure 3.851 and petitions for a writ of habeas corpus following his conviction for first-degree murder and death sentence. The Florida Supreme Court affirms
• Hamilton v. State
  547 So. 2d 630· Fla.· 1989-07-27 ·cited 41×
  The Florida Supreme Court reversed a defendant's convictions for first-degree murder and death sentences, ordering a new trial. The court found reversible error in the denial of a challenge for cause against a prospective juror who expressed a preconceived opinion of guilt, and i
• Wilburn Dobbs v. Kemp
  790 F.2d 1499· 11th Cir.· 1986-05-21 ·cited 41×
  The court held that while the trial court's jury instruction impermissibly shifted the burden of proof on intent, the error was harmless beyond a reasonable doubt due to overwhelming evidence of intent. The court also affirmed the reliability of witness identifications despite su
• United States v. Mendoza
  722 F.2d 96· 5th Cir.· 1983-12-12 ·cited 41×
  The court held that the totality of circumstances, including an informant's tip and corroborating surveillance, established probable cause for the warrantless search of the vehicle, and that post-arrest statements were admissible.
• United States v. Blitstein
  626 F.2d 774· 10th Cir.· 1980-07-14 ·cited 41×
• United States v. Johnson
  371 F.2d 800· 3d Cir.· 1967-01-03 ·cited 41×
  The court held that the trial judge's instruction regarding a presumption of truthfulness for witnesses was erroneous and prejudicial, requiring reversal. However, the court found sufficient evidence of predisposition for the jury to consider the entrapment defense and that the p
• Clewis v. State
  605 So. 2d 974· Fla. 3d DCA· 1992-10-06 ·cited 40×
  Allen Clewis was convicted of cocaine sales based primarily on an undercover officer's eyewitness identification. The appellate court reversed because the prosecutor committed fundamental error by misstating the reasonable doubt standard, telling the jury they must choose which s
• United States v. Rubio-Estrada
  857 F.2d 845· 1st Cir.· 1988-09-15 ·cited 40×
  The court held that the district court did not err in admitting evidence of the appellant's prior conviction, blank Social Security cards, and tax return, nor was the evidence insufficient for conviction.