Presumption Of Sanity

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

• Viovenel v. State
  581 So. 2d 930· Fla. 3d DCA· 1991-06-11 ·cited 2×
  Pierre Viovenel appeals his convictions for three counts of attempted first-degree murder and related crimes, claiming the state failed to prove his sanity beyond a reasonable doubt. The appellate court affirms, holding that the trial judge properly resolved conflicting expert an
• Matevia v. State
  564 So. 2d 585· Fla. 2d DCA· 1990-07-25 ·cited 2×
  The Florida District Court of Appeal reversed a first-degree murder conviction and remanded for a new trial, holding that the trial court erred by giving a defective jury instruction on the insanity defense that failed to inform the jury that once reasonable doubt of insanity is
• Fulghum v. Ford
  850 F.2d 1529· 11th Cir.· 1988-08-03 ·cited 2×
  The court held that the jury instructions on implied malice did not impermissibly shift the burden of proof and that a rational trier of fact could have found the defendant failed to prove insanity by a preponderance of the evidence.
• Cosby R. Perkins v. State
  519 So. 2d 735· Fla. 3d DCA· 1988-02-09 ·cited 2×
  Perkins was convicted of second-degree murder and appealed, challenging the jury instruction on the insanity defense. The court reversed his conviction, holding that the trial court committed reversible error by failing to instruct the jury that once a reasonable doubt of the def
• Gracey v. Lawrence
  442 So. 2d 305· Fla. 5th DCA· 1983-12-01 ·cited 2×
  A Florida appeals court reversed a trial court's rescission of a deed where an 81-year-old grantor conveyed property to a tenant for $15,000 plus a retained life estate. The appellate court held that mental weakness alone, without evidence of incapacity to comprehend the transact
• Baranko v. State
  428 So. 2d 324· Fla. 1st DCA· 1983-03-18 ·cited 2×
  Baranko appeals his two-year sentence imposed after remand for resentencing, challenging the trial court's denial of a psychiatric examination to determine his sanity at sentencing. The appellate court affirms the sentence, finding that Baranko failed to present sufficient eviden
• City OF Orlando v. Ford
  220 So. 2d 661· Fla. 4th DCA· 1969-03-27 ·cited 2×
  The City of Orlando appealed a circuit court's reversal of a DWI conviction, arguing that the trial court erred in finding insufficient evidence of impairment without prior knowledge of the defendant's normal faculties. The appellate court held that defendants are presumed to hav
• Arthur E. Roberts ad Litem of Charles Schivley v. Hazel K. Bryant & the First State Bank & Tr. Co.
  201 So. 2d 811· Fla. 2d DCA· 1967-08-16 ·cited 2×
  Arthur Roberts, as guardian ad litem of Charles Schivley, an incompetent, appealed from a final decree dismissing his complaint against Hazel K. Bryant (Charles's daughter) and a bank, seeking to impose a constructive trust on Charles's assets allegedly transferred through undue
• Kregger v. Bannan
  273 F.2d 813· 6th Cir.· 1960-01-15 ·cited 2×
  The court held that the district court correctly denied the appellant's petition for a writ of habeas corpus.
• Sturm v. Wash. Nat. Ins. Co.
  208 F.2d 97· 8th Cir.· 1953-11-13 ·cited 2×
  The court held that the plaintiff met the burden of proof for insanity, and the presumption of sanity should not have been weighed as evidence against substantial proof.
• Sarasota Avionics Int'l, Inc. v. Wells Fargo Bank, N.A.
  1992 WL 158757· M.D. Fla.· 2013-09-24 ·cited 1×
• Finch v. State
  534 So. 2d 1228· Fla. 3d DCA· 1988-12-13 ·cited 1×
  The court held that the trial court did not err in denying the defendant's requested jury instruction on the insanity defense.
• Reynolds v. State of Fla. & Dep't of Child. & Families
  Fla. 5th DCA· 2024-05-02
  A defendant found not guilty by reason of insanity may be involuntarily committed to DCF if the defendant is mentally ill and, because of that illness, is manifestly dangerous to himself or others. The court affirmed the trial court's commitment order where evidence showed Reynol
• State v. Ortiz
  9th Cir. Ct. App. Div.· 2019-10-23
  Petitioner challenged the trial court's ordering of a second competency evaluation after a hearing on his incompetency motion. The appellate court held that Florida Rule of Criminal Procedure 3.210 does not require a trial court to make a final competency determination based on a
• Thompson v. Dixon
  987 F.2d 1038· 4th Cir.· 1993-02-19
  The court held that a jury instruction presuming sanity did not violate due process because it did not relieve the state of its burden to prove intent, distinguishing it from instructions that presume intent from actions.
• Hill v. Nicodemus
  979 F.2d 987· 4th Cir.· 1992-11-16
  The court affirmed the lower court's decisions, holding that the wrongful death claim was barred by Virginia law due to suicide, and that the jury instruction on 'deliberate indifference' for the § 1983 claim was appropriate.
• Miller v. State
  532 So. 2d 1290· Fla. 4th DCA· 1988-10-19
• Johnson v. State
  408 So. 2d 813· Fla. 3d DCA· 1982-01-19
  The trial court's exclusion of expert testimony regarding defendant's insanity at the time of the offense deprived defendant of his constitutional right to present witnesses and constitutes reversible error that cannot be deemed harmless.
• Trotter v. State
  377 So. 2d 34· Fla. 1st DCA· 1979-11-20
  Michael Lee Trotter appealed his convictions for first-degree murder and armed robbery, arguing that a bifurcated trial system unconstitutionally limited his insanity defense. The Florida District Court of Appeal affirmed the convictions and sentences of life imprisonment, findin
• Parks v. State
  300 So. 2d 903· Fla. 4th DCA· 1974-06-07
  The dissenting judge would reverse the judgment and sentence because the state failed to prove the appellant's sanity beyond a reasonable doubt.
• Splitt v. United States
  364 F.2d 594· 6th Cir.· 1966-08-23
  A district court may deny a motion to vacate sentence without a hearing if the motion, files, and records conclusively show the prisoner is entitled to no relief.
• Parks v. Harden
  130 So. 2d 626· Fla. 2d DCA· 1961-06-02
  A plaintiff appealed from a decree granting specific performance of only a portion of land described in a purchase option agreement, where the trial court had reformed the instrument based on the defendant's claimed partial incompetency due to diabetes. The appellate court revers
• Honorable Mervin Rehrer v. Weeks
  106 So. 2d 865· Fla. 2d DCA· 1958-11-19
  A Florida county judge attempted to adjudicate a person mentally incompetent without proper service of process or notice. The district court affirmed a writ of prohibition, holding that jurisdiction over the person cannot be obtained in competency proceedings without compliance w
• Hayes v. First Nat. Bank of Fairbanks
  192 F.2d 393· 9th Cir.· 1951-10-29
  The court held that the evidence supported the finding that the testator lacked the sound and disposing mind required to execute the will.