Presumption Of Innocence

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

• Long v. State
  42 Fla. 509· Fla.· 1900-06-01 ·cited 31×
  The Florida Supreme Court reversed a conviction for trespass and larceny involving the taking of pineapple plants from the defendant's property, finding reversible error in the trial court's failure to give a requested jury instruction on the alibi defense. The court also address
• United States v. Perez
  849 F.2d 1· 1st Cir.· 1988-06-03 ·cited 30×
  The court held that the admission of prior bad act evidence was an error that was not harmless, requiring vacatur of the conviction.
• State v. Phillips
  463 So. 2d 1136· Fla.· 1985-02-07 ·cited 30×
  Florida's Supreme Court held that an information charging felony petit theft need not explicitly allege the defendant's prior convictions as long as it is labeled as a felony charge, cites the applicable statute, and recites the underlying facts, provided there is no objection in
• Lucious Andrews, Jr. v. State
  443 So. 2d 78· Fla.· 1983-12-08 ·cited 30×
  The Florida Supreme Court reversed a death sentence for sexual battery of a child, holding that the trial court's improper comment on the defendant's right not to testify, without a cautionary instruction, constituted reversible error that violated his constitutional right to mak
• United States v. Leonard Ray Blanton (81-5644)
  719 F.2d 815· 6th Cir.· 1983-09-28 ·cited 30×
  The dissenting judge believes the defendants were denied a fair and impartial trial due to inadequate voir dire examination, warranting a new trial.
• United States v. Simmons
  679 F.2d 1042· 3d Cir.· 1982-05-14 ·cited 30×
  The court held that the statutory language 'takes and carries away, with intent to steal or purloin' in 18 U.S.C. § 2113(b) encompasses a comprehensive scheme to negotiate checks bearing forged signatures to withdraw funds from federally insured banks. The court also rejected add
• United States v. Quinn L. Polsinelli
  649 F.2d 793· 10th Cir.· 1981-03-17 ·cited 30×
  The court held that the prosecutor's cross-examination of the defendant's character witnesses, which assumed the defendant's guilt of the charged offenses, was improper and prejudicial error.
• United States v. Price
  577 F.2d 1356· 9th Cir.· 1978-03-09 ·cited 30×
  The court held that erroneous limitation of cross-examination is not per se reversible error, but is tested by the harmless error standard. The information sought by cross-examination was adequately presented to the jury through other means.
• United States v. Durham
  512 F.2d 1281· 5th Cir.· 1975-05-14 ·cited 30×
  The court held that while a jury instruction on intent contained language previously disapproved for potentially shifting the burden of proof, it did not necessitate reversal in this case because the evidence focused on the defendant's objective conduct rather than solely on his
• Williams v. State
  308 So. 2d 595· Fla. 1st DCA· 1975-02-21 ·cited 30×
  John Williams was convicted of burglary and grand larceny based primarily on fingerprints found in the victims' home. The Florida appellate court reversed the conviction, holding that fingerprints alone cannot establish guilt without proving they could only have been made at the
• Jasper Roberson v. State OF Conn.
  501 F.2d 305· 2d Cir.· 1974-07-31 ·cited 30×
  The court did not issue a holding as this is a concurring and dissenting opinion.
• United States v. Stroble
  431 F.2d 1273· 6th Cir.· 1970-09-25 ·cited 30×
  The court held that the evidence was insufficient to support the conviction of Robert Stroble, and that a new trial was required for both appellants due to errors in jury instructions and potential insufficiency of evidence.
• Amaya v. United States
  373 F.2d 197· 10th Cir.· 1967-02-13 ·cited 30×
  The court held that the use of paid informers is permissible evidence and that the jury instructions on possession were adequate.
• United States v. Schipani
  362 F.2d 825· 2d Cir.· 1966-06-29 ·cited 30×
  The court held that the evidence was sufficient to prove willful tax evasion beyond a reasonable doubt, and that the admission of the 1943 prison statement and the Jencks Act procedure did not constitute grounds for reversal.
• Shargaa v. State
  102 So. 2d 814· Fla.· 1958-04-30 ·cited 30×
  It is improper to charge a defendant in the same information with committing a felony and simultaneously alleging a prior unrelated felony conviction to establish second offender status.
• Daniel v. United States
  234 F.2d 102· 5th Cir.· 1956-05-25 ·cited 30×
  The court held that the district court's findings of fraudulent acts by the appellant were not clearly erroneous and were sufficient to support the judgment for treble statutory damages.
• Orton v. United States
  221 F.2d 632· 4th Cir.· 1955-04-12 ·cited 30×
  The court held that the evidence was sufficient to support a conviction for a single conspiracy and that the supplemental jury instruction (Allen charge) was properly given.
• Hargett v. United States
  183 F.2d 859· 5th Cir.· 1950-08-05 ·cited 30×
  A conviction for forcibly resisting a federal officer requires proof that the defendant knew, or had reason to know, that the person being resisted was a federal officer acting in the performance of their duties.
• McCOY v. United States
  169 F.2d 776· 9th Cir.· 1948-08-24 ·cited 30×
  The court held that the indictment was valid, the evidence was sufficient to support the conviction, and the trial court did not err in its rulings on evidence, jury instructions, or the denial of motions for dismissal or acquittal.
• Moffitt v. United States
  154 F.2d 402· 10th Cir.· 1946-03-15 ·cited 30×
  The court held that a defendant can be held responsible for mailings that are a reasonably foreseeable consequence of their actions, but not for unusual or non-customary mailings. The court also found no reversible error in the jury instructions.
• Johnson v. State
  55 Fla. 41· Fla.· 1908-01-01 ·cited 30×
  Ross Johnson was convicted of murder in the third degree after being indicted for murder in the first degree. On appeal, he challenged the trial court's jury instructions on self-defense and the aggressor doctrine, but the Florida Supreme Court affirmed the conviction, finding th
• Vickery v. State
  50 Fla. 144· Fla.· 1905-06-01 ·cited 30×
  Joseph Vickery was convicted of manslaughter for the death of Isaac Jacobs and sentenced to seven years imprisonment. The Florida Supreme Court reversed and remanded for a new trial, finding that the trial court erred in charging the jury that there was no denial of the unlawful
• Lang v. State
  42 Fla. 595· Fla.· 1900-06-01 ·cited 30×
  S. R. Lang was convicted of grand larceny for stealing $100 from Hays Watson. The Florida Supreme Court affirmed the conviction, holding that the indictment was sufficiently specific despite the unknown denomination of the stolen currency, and that the trial court properly instru
• Dukes v. State
  14 Fla. 499· Fla.· 1874-04-01 ·cited 30×
  Richard Dukes was convicted of murder in the first degree, but the Florida Supreme Court reversed and awarded a new trial, holding that the trial judge's instructions to the jury improperly presumed malice from the mere fact of killing and unlawfully restricted the jury's ability
• Bryant v. State
  765 So. 2d 68· Fla. 4th DCA· 2000-02-23 ·cited 29×
  Michael Bryant was convicted of sexual battery on children and sentenced to life imprisonment. The Florida District Court of Appeal reversed and remanded for a new trial, holding that the trial court committed reversible error by refusing to strike a juror for cause despite the j
• United States v. Birmingham
  447 F.2d 1313· 10th Cir.· 1971-09-02 ·cited 29×
  The court held that an instruction presuming a witness speaks the truth constitutes plain error, and an instruction misstating the elements of the offense and the knowledge requirement under 21 U.S.C. § 174 also constitutes plain error.
• Jackson v. United States
  330 F.2d 679· 8th Cir.· 1964-04-23 ·cited 29×
  The court held that the evidence was sufficient to sustain the conviction and that the jury instruction regarding possession presumption was proper.
• United States v. Metro M. Holovachka
  314 F.2d 345· 7th Cir.· 1963-02-18 ·cited 29×
  The court held that the trial court did not err in denying the defendant's motions to suppress evidence, for a bill of particulars, and in its rulings regarding jury selection and sequestration, and that sufficient evidence supported the guilty verdict.
• Brownlee v. State
  95 Fla. 775· Fla.· 1928-04-24 ·cited 29×
  Three defendants were convicted of murder in connection with the death of Perley Sylvester Thomas during an attempted immigration patrol stop. The Florida Supreme Court affirmed the convictions, finding the trial court properly admitted evidence regarding immigration law authorit
• Harbaugh v. State
  711 So. 2d 77· Fla. 4th DCA· 1998-04-15 ·cited 28×
  Robert Harbaugh was stopped at a police perimeter established around a crime scene where a Fort Lauderdale officer had been shot. He was charged with felony DUI based on three prior out-of-state convictions. The Fourth District reversed his conviction due to fundamental error whe
• United States v. Maraj
  947 F.2d 520· 1st Cir.· 1991-10-16 ·cited 28×
  The court held that the evidence was sufficient to convict, the back-to-back jury empanelment was acceptable, and the trial judge's error in handling a jury note was harmless.
• United States v. Ciampa
  793 F.2d 19· 1st Cir.· 1986-06-05 ·cited 28×
  The court held that the warrant affidavit provided sufficient probable cause and that the trial judge's conduct did not deprive the defendant of a fair trial.
• Smith v. Bordenkircher
  718 F.2d 1273· 4th Cir.· 1983-10-05 ·cited 28×
  The court should grant the writ of habeas corpus because the conviction was obtained through unconstitutional means.
• State v. Katz
  402 So. 2d 1184· Fla.· 1981-07-30 ·cited 28×
  The Florida Supreme Court held that when a defendant obtains an acquittal based on a material variance between charged and proven facts, the defendant cannot thereafter claim the variance was immaterial to defeat a subsequent prosecution charging the correct facts. The Court reve
• United States v. Collins
  652 F.2d 735· 8th Cir.· 1981-06-23 ·cited 28×
  The court held that the trial court did not err in its jury instructions, admission of evidence, or limitations on cross-examination, and that the indictment provided sufficient notice of the charges.
• United States v. Giacalone
  574 F.2d 328· 6th Cir.· 1978-04-07 ·cited 28×
  The court held that the use of dashes for cash on hand in a net worth statement was permissible, a joint net worth statement was appropriate, and pre-trial and during-trial publicity did not prejudice the defendant's right to a fair trial.
• United States v. Garrett
  574 F.2d 778· 3d Cir.· 1978-03-28 ·cited 28×
  The court held that while the jury instruction on intent was potentially misleading, the overall charge adequately informed the jury of the government's burden of proof, thus no reversible error was committed. However, the court prospectively prohibits the use of such instruction
• Wright v. The State OF Tex.
  533 F.2d 185· 5th Cir.· 1976-06-09 ·cited 28×
  The court held that a defendant must affirmatively show prejudice from being seen in handcuffs by jurors, and that failure to object at trial waives the claim.
• United States v. Williams
  473 F.2d 507· 5th Cir.· 1973-02-09 ·cited 28×
  The court held that the trial court committed prejudicial error by giving jury instructions that, combined with prefatory remarks, effectively directed a verdict of guilty and unduly restricted the jury's consideration of the evidence.
• United States v. Johnson
  453 F.2d 1195· 5th Cir.· 1972-01-11 ·cited 28×
  The admission of prior theft convictions was reversible error because they were not substantially relevant to proving the essential element of knowing transportation of a stolen vehicle.
• McINTOSH v. United States
  341 F.2d 448· 8th Cir.· 1965-02-24 ·cited 28×
  The court held that the circumstantial evidence was sufficient for the jury to infer that the defendant possessed the stolen tractor, transported it in interstate commerce, and knew it was stolen.
• Elvin Hellman v. United States
  339 F.2d 36· 5th Cir.· 1964-12-03 ·cited 28×
  The court held that the trial judge's participation in questioning witnesses and characterization of evidence did not constitute reversible error, nor did the restrictions on cross-examination or denial of a late discovery motion.
• Carroll Robinson v. United States
  327 F.2d 618· 8th Cir.· 1964-02-06 ·cited 28×
  The court held that the defendant's challenge to the admissibility of evidence based on an allegedly unlawful arrest and search was procedurally barred because it was not raised in the trial court. The court also found no prejudicial error in the jury charge regarding marihuana a
• United States v. Eury
  268 F.2d 517· 2d Cir.· 1959-07-06 ·cited 28×
  The court held that the admission of evidence regarding the defendant's intent and the jury instructions on reasonable doubt and burden of proof did not constitute reversible error.
• United States v. Bookie
  229 F.2d 130· 7th Cir.· 1956-01-12 ·cited 28×
• Jefferson ex rel. v. Sweat
  76 So. 2d 494· Fla.· 1954-07-27 ·cited 28×
  The Florida Supreme Court upheld the constitutionality of Chapter 28057, Acts of 1953, which makes possession of a federal wagering stamp prima facie evidence of violating Florida's gambling laws. The court rejected a habeas corpus challenge to an appellant's detention for posses
• Speak v. United States
  161 F.2d 562· 10th Cir.· 1947-05-07 ·cited 28×
  The court held that the information was sufficient, the jury selection process was not an abuse of discretion, the evidence admitted was competent, and the supplemental jury instruction was not coercive.
• Kent v. State
  53 Fla. 51· Fla.· 1907-01-01 ·cited 28×
  This case reviews a conviction for manslaughter where the defendant claimed the shooting was an accident. The appellate court affirmed the conviction, finding no reversible error in the trial court's jury instructions or the sufficiency of the evidence.
• United States v. Franco
  874 F.2d 1136· 7th Cir.· 1989-04-21 ·cited 27×
  The court held that a law enforcement agent can be a qualified witness to authenticate business records under Rule 803(6) if they understand the record-keeping system, and that supplemental jury instructions were proper.
• United States v. Lewis
  472 F.2d 252· 3d Cir.· 1973-01-10 ·cited 27×
  The court held that the district court did not err in admitting in-court identification testimony, denying a continuance, or approving the jury selection plan.