Presumption Of Innocence

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

• United States v. Nicodemo Scarfo
  850 F.2d 1015· 3d Cir.· 1988-06-29 ·cited 40×
  The court held that the trial judge did not abuse discretion in empaneling an anonymous jury or admitting evidence of other crimes, and that limiting instructions were appropriate.
• Zygadlo v. Louie L. Wainwright
  720 F.2d 1221· 11th Cir.· 1983-12-02 ·cited 40×
  The court held that the trial judge did not abuse his discretion in ordering the defendant to wear leg shackles during trial, as the decision was supported by the defendant's prior escape attempt and the judge's consideration of security needs.
• United States v. Ledee
  549 F.2d 990· 5th Cir.· 1977-03-31 ·cited 40×
  The court held that the trial court did not err in its voir dire procedures, in refusing to admit evidence of a prior acquittal, or in denying a continuance for a handwriting expert.
• United States v. Jess Boss Safley
  408 F.2d 603· 4th Cir.· 1969-03-17 ·cited 40×
  The court held that the denial of a severance was not reversible error, nor was the sufficiency of evidence regarding FDIC insurance or a flawed jury instruction, as any prejudice was either absent or harmless.
• Moore v. United States
  375 F.2d 877· 8th Cir.· 1967-04-19 ·cited 40×
  The court held that the trial court's reservation of ruling on the defendant's motion for judgment of acquittal did not constitute prejudicial error, and the evidence was sufficient to sustain the convictions.
• Jencks v. United States
  226 F.2d 540· 5th Cir.· 1955-10-26 ·cited 40×
  The court held that there was sufficient evidence to support the jury's findings that the appellant caused the false affidavit to be filed and that he was a member of or affiliated with the Communist Party at the time, and that the trial court did not err in admitting evidence of
• Tanksley v. United States
  145 F.2d 58· 9th Cir.· 1944-09-21 ·cited 40×
• Synes v. State
  78 Fla. 167· Fla.· 1919-07-29 ·cited 40×
  The Florida Supreme Court reversed a larceny conviction because the state failed to prove the unlawful taking of the car and improperly commented on the defendant's failure to testify. The court emphasized that essential elements of a crime must be proven beyond a reasonable doub
• Johnson Kirby v. State
  44 Fla. 81· Fla.· 1902-01-01 ·cited 40×
  Johnson Kirby was convicted of manslaughter in Columbia County Circuit Court after being indicted for first-degree murder. The Florida Supreme Court reversed the judgment and remanded for a new trial, finding multiple trial errors including the improper admission of a magistrate'
• Marbel Mendoza v. State
  964 So. 2d 121· Fla.· 2007-05-24 ·cited 39×
  Marbel Mendoza appealed the denial of his Rule 3.850 motion challenging his first-degree murder conviction and death sentence, claiming ineffective assistance of trial counsel. The Florida Supreme Court reversed and remanded for a new evidentiary hearing because the circuit court
• Norberto Pietri v. State
  644 So. 2d 1347· Fla.· 1994-09-29 ·cited 39×
  Norberto Pietri was convicted of first-degree murder for fatally shooting West Palm Beach police officer Brian Chappell in 1988 during a stolen vehicle chase. The Florida Supreme Court affirmed his conviction and death sentence on direct appeal but vacated sentences for non-capit
• United States v. Vincent
  648 F.2d 1046· 5th Cir.· 1981-06-25 ·cited 39×
  The court held that the evidence was sufficient to sustain the conspiracy conviction, the Allen charge was not unduly coercive, and the trial court did not err in refusing to instruct on a lesser included offense or in limiting defense counsel's argument or evidence.
• Glynn v. Donnelly
  470 F.2d 95· 1st Cir.· 1972-12-12 ·cited 39×
  The court held that petitioners failed to demonstrate exceptional circumstances justifying bail pending their habeas corpus petitions, and denied the petitions for bail.
• United States v. Gillette
  383 F.2d 843· 2d Cir.· 1967-07-17 ·cited 39×
  The court held that the search warrant was supported by probable cause and that the trial court did not err in denying a suppression hearing or in its voir dire procedures.
• Gov't of the Virgin Islands v. Lake
  362 F.2d 770· 3d Cir.· 1966-06-22 ·cited 39×
  The court held that the evidence was sufficient to support a conviction for first-degree murder, as malice aforethought and premeditation could be reasonably inferred from the circumstances of the killing.
• Lockwood v. State
  107 So. 2d 770· Fla. 2d DCA· 1958-12-19 ·cited 39×
  Raymond Lockwood appeals his robbery conviction, challenging the trial court's permissibility of questioning him about prior criminal convictions and admitting evidence of those convictions. The Florida District Court of Appeal affirmed the conviction, holding that prior convicti
• Gilmore v. Armontrout
  861 F.2d 1061· 8th Cir.· 1988-11-10 ·cited 38×
  The court held that the petitioner's claims regarding the prosecutor's closing argument and victim-impact evidence were procedurally barred and lacked merit, and that the absence of counsel at arraignment did not violate his Sixth Amendment rights. The court reversed the district
• United States v. Motamedi
  767 F.2d 1403· 9th Cir.· 1985-08-08 ·cited 38×
  The court held that the government must demonstrate a flight risk by clear and convincing evidence, not a mere preponderance, to justify pretrial detention.
• United States v. Lopez
  758 F.2d 1517· 11th Cir.· 1985-04-29 ·cited 38×
  The court held that the co-conspirator statements were admissible, fingerprint evidence was properly admitted, and jury instructions were adequate, affirming the conviction.
• Harrell v. Israel
  672 F.2d 632· 7th Cir.· 1982-03-15 ·cited 38×
  The court held that despite potential lack of "extreme need" for shackling, the trial court's precautions to prevent jury awareness of the restraints, combined with the nature of the charge and the defendant's failure to object, meant no constitutional error occurred.
• United States v. Schreiber
  599 F.2d 534· 3d Cir.· 1979-05-03 ·cited 38×
  The court held that the trial judge did not commit plain error by failing to sua sponte recuse himself, as the appellant's claims of bias were not supported by the record and the appellant had waived any potential issues by proceeding with the bench trial.
• Glavin v. United States
  396 F.2d 725· 9th Cir.· 1968-06-07 ·cited 38×
  The court held that the trial court did not err in denying the motion to withdraw counsel, denying the motion to suppress evidence, admitting documents, or in its jury instructions regarding possession of recently stolen property.
• McCLARD v. United States
  386 F.2d 495· 8th Cir.· 1967-12-04 ·cited 38×
  The dissenting judge argues that the evidence presented was insufficient to identify the defendants with the crime charged, failing to prove individual participation beyond a reasonable doubt.
• Rimerman v. United States
  374 F.2d 251· 8th Cir.· 1967-03-14 ·cited 38×
  The court held that the trial court properly instructed the jury using statutory language and that the jury could consider the defendant's interest in the outcome of the case when evaluating his testimony.
• Obie Wilson Stapleton v. United States
  260 F.2d 415· 9th Cir.· 1958-10-22 ·cited 38×
  The court held that the indictment was legally sufficient and that the trial court did not err in its rulings or instructions, leading to an affirmation of the conviction.
• Kraft v. United States
  238 F.2d 794· 8th Cir.· 1956-12-17 ·cited 38×
  The court held that the defendant was denied a fair trial due to prejudicial remarks by the judge, improper admission of evidence of prior bad acts, and potentially excessive bail, requiring reversal.
• Kelly v. United States
  194 F.2d 150· D.C. Cir.· 1952-01-10 ·cited 38×
  The dissenting judge believes the majority opinion improperly sets evidentiary standards and reweighs evidence on appeal.
• State Ex rel. R. D. Hawkins v. McCALL
  158 Fla. 655· Fla.· 1947-03-25 ·cited 38×
  A police officer with 14-15 years of service and a good record was suspended and removed from the Jacksonville Police Department based on charges of accepting money from a suspect. The Florida Supreme Court reversed his removal, holding that the charges were insufficiently specif
• Shep Kennedy v. State
  140 Fla. 124· Fla.· 1939-09-26 ·cited 38×
  Shep Kennedy was convicted of possessing whisky without required Florida excise tax stamps. He appealed on grounds that venue was insufficiently established and that prejudicial evidence of a prior similar offense was improperly admitted. The Florida Supreme Court affirmed, holdi
• Bynum v. State
  46 Fla. 142· Fla.· 1903-06-01 ·cited 38×
  Robert Bynum was convicted of carnal intercourse with an unmarried female under age sixteen. The Florida Supreme Court affirmed the conviction, rejecting his challenges to the denial of a continuance motion, the admission of evidence regarding the victim's age, and the jury instr
• United States v. Beil
  577 F.2d 1313· 5th Cir.· 1978-08-11 ·cited 37×
  Knowledge that stolen vehicles would move in interstate commerce is not an element of conspiring to violate the Dyer Act, nor is proof of a single overarching conspiracy required if no prejudice results from proving separate conspiracies.
• United States v. Collier
  478 F.2d 268· 5th Cir.· 1973-05-01 ·cited 37×
  The court held that 21 U.S.C. § 841(a)(1) is not unconstitutionally vague as applied to physicians and does not violate the Tenth Amendment or the right to privacy.
• United States v. Bentvena
  288 F.2d 442· 2d Cir.· 1961-02-07 ·cited 37×
  The court held that a trial judge possesses the inherent authority to remand defendants into custody during a criminal trial, in the exercise of sound discretion, to ensure the orderly completion of proceedings.
• Kennard v. State
  42 Fla. 581· Fla.· 1900-06-01 ·cited 37×
  G. Towney Kennard was convicted of manslaughter after being indicted for murder. On writ of error, the Florida Supreme Court affirmed the conviction, rejecting challenges to the admission of eyewitness testimony, jury instructions on self-defense and the aggressor doctrine, and v
• Wood v. State
  31 Fla. 221· Fla.· 1893-01-01 ·cited 37×
  Gabriel Wood was convicted of manslaughter in the second degree for the January 23, 1889 killing of Samuel Osborne and sentenced to seven years imprisonment. The Florida Supreme Court reversed and granted a new trial, finding multiple instructional errors, particularly regarding
• Knight v. State
  76 So. 3d 879· Fla.· 2011-09-28 ·cited 36×
  Richard Knight was convicted of two counts of first-degree murder for stabbing to death Odessia Stephens and her four-year-old daughter Hanessia Mullings in June 2000. The Florida Supreme Court affirmed Knight's convictions and death sentences on direct appeal, rejecting all five
• United States v. Birdsell
  775 F.2d 645· 5th Cir.· 1985-11-01 ·cited 36×
  The court held that the district court's finding of competency to stand trial was not clearly arbitrary or unwarranted, and that the defendant's trial was not fundamentally unfair despite alleged improprieties.
• United States v. Bland
  697 F.2d 262· 8th Cir.· 1983-01-07 ·cited 36×
  The court held that the trial judge's extensive questioning of witnesses, which assumed a prosecutorial role and emphasized the government's case, deprived the defendant of a fair trial.
• Orosz v. State
  389 So. 2d 1199· Fla. 1st DCA· 1980-10-17 ·cited 36×
  Robin Orosz appeals his criminal conviction, challenging the trial court's jury instructions regarding the defendant's right to make a defense and the court's dismissal of a juror who appeared to be sleeping. The court affirmed, finding any instructional error was cured by subseq
• Smith v. Smith
  454 F.2d 572· 5th Cir.· 1971-12-14 ·cited 36×
  The court grants the petitioner the benefit of its decision, even if the issue of retroactive application is not considered.
• United States v. Smith
  433 F.2d 1266· 5th Cir.· 1970-11-06 ·cited 36×
  The court held that the evidence was sufficient to identify the caller and that the trial court did not err in limiting cross-examination, admitting prior bad acts testimony, interrupting closing arguments, or accepting a compromise verdict.
• United States v. Polk
  433 F.2d 644· 5th Cir.· 1970-10-27 ·cited 36×
  The court held that the inspection of a vehicle identification number (VIN) on a car door post is not a search under the Fourth Amendment, and a jury instruction allowing inference of knowledge of theft from possession of recently stolen property is constitutional.
• Gale H. Johnson v. Bennett
  386 F.2d 677· 8th Cir.· 1967-11-28 ·cited 36×
  The court held that the defendant's conviction was not tainted by the knowing use of perjured testimony, suppression of evidence, or an erroneous alibi instruction, and thus affirmed the denial of habeas corpus relief.
• Moore v. United States
  271 F.2d 564· 4th Cir.· 1959-11-02 ·cited 36×
  The court held that the circumstantial evidence was insufficient to sustain the conviction for possession of property intended for use in violating Internal Revenue laws.
• Murray E. Petersen v. United States
  268 F.2d 87· 10th Cir.· 1959-06-08 ·cited 36×
  The court held that evidence of good character is admissible and should be considered with other evidence to create reasonable doubt, but instructions emphasizing character evidence alone can be confusing.
• United States v. Allegrucci
  258 F.2d 70· 3d Cir.· 1958-07-16 ·cited 36×
  The court held that jury instructions stating possession of recently stolen goods casts a burden of explanation on the defendant, and that the indictment's description of the theft location was sufficiently specific, constituted prejudicial error requiring a new trial.
• KAY v. United States
  255 F.2d 476· 4th Cir.· 1958-05-17 ·cited 36×
  The court held that the admission of a blood analysis certificate and the jury instructions regarding statutory presumptions were proper.
• Hawley v. United States
  133 F.2d 966· 10th Cir.· 1943-02-03 ·cited 36×
  The court held that the jury instructions regarding the charges, the government's theory, and the defendants' theory were fair and accurate, and that no reversible error was committed regarding the admissibility of evidence or character testimony.
• Knight v. State
  44 Fla. 94· Fla.· 1902-01-01 ·cited 36×
  William Knight was convicted of assault with intent to commit manslaughter after being retried following reversal of his initial murder conviction. The Florida Supreme Court affirmed the conviction, rejecting challenges to the indictment's sufficiency, the trial court's discretio
• Diaz v. State
  513 So. 2d 1045· Fla.· 1987-10-08 ·cited 35×
  Angel Diaz was convicted of first-degree murder and other felonies in connection with a 1979 armed robbery of a Miami bar in which the manager was killed. The Florida Supreme Court affirmed his convictions and death sentence, holding that Diaz satisfied the Enmund/Tison culpabili