Sufficiency Of Circumstantial Evidence

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

• Peoples v. State
  251 So. 3d 291· Fla. 1st DCA· 2018-07-09 ·cited 10×
  A defendant's indecision and vacillation regarding plea and jury trial waiver decisions do not raise a bona fide question of competency requiring additional competency hearings when the defendant has been previously found competent, has a history of malingering, and defense couns
• Dellechiaie v. State
  734 So. 2d 423· Fla. 2d DCA· 1998-09-04 ·cited 10×
  Where the State relies solely on circumstantial evidence, the defendant is entitled to a judgment of acquittal if the State fails to meet its threshold burden of presenting competent evidence inconsistent with the defendant's theory of innocence. Here, the State's evidence did no
• Gerry Greene v. State
  625 So. 2d 1293· Fla. 5th DCA· 1993-10-29 ·cited 10×
  Gerry Greene appeals the denial of his motion for judgment of acquittal after conviction for cocaine trafficking. The court affirmed, holding that the state presented sufficient circumstantial evidence of constructive possession based on the totality of circumstances, including G
• Coester v. State
  573 So. 2d 391· Fla. 4th DCA· 1991-01-16 ·cited 10×
  The court held that the circumstantial evidence was insufficient to exclude all reasonable hypotheses of innocence for the grand theft conviction.
• Rubiano v. State
  528 So. 2d 1262· Fla. 4th DCA· 1988-07-20 ·cited 10×
  Eduardo Rubiano was convicted of trafficking in cocaine after 548.5 grams were found in his carry-on bag at Fort Lauderdale International Airport. On appeal, he challenged the adequacy of the jury instruction on the knowledge requirement and the sufficiency of evidence, but the c
• Broughton v. State
  528 So. 2d 1241· Fla. 1st DCA· 1988-07-19 ·cited 10×
  Appellant Broughton was convicted of possession of burglary tools, possession of a firearm by a convicted felon, and possession of a firearm in the commission of a felony after police found items in his vehicle. The appellate court reversed all three convictions, finding insuffic
• Garrett v. State
  508 So. 2d 427· Fla. 2d DCA· 1987-05-15 ·cited 10×
  Howard Garrett was convicted of bribery and receiving unlawful compensation related to a criminal case involving Judge Merckle and David Hope. The appellate court reversed, finding the evidence legally insufficient to support conviction and holding the trial court erred in denyin
• Lou Ann Andreasen v. State
  439 So. 2d 226· Fla. 3d DCA· 1983-06-14 ·cited 10×
  The circumstantial evidence was legally sufficient to support the grand theft conviction where the defendant had exclusive access to diverted cash, made false exculpatory statements, and showed financial discrepancies of over $7,000 between deposits and salary during the offense
• Edwards v. State
  390 So. 2d 1239· Fla. 1st DCA· 1980-12-11 ·cited 10×
  Calvin Edwards appealed his conviction for robbery with a firearm, burglary of a dwelling, and two counts of sexual battery. The Florida District Court of Appeal affirmed, finding no error in the trial court's evidentiary rulings regarding bloodhound tracking evidence, sufficienc
• United States v. Abraham
  617 F.2d 187· 9th Cir.· 1980-04-18 ·cited 10×
  The court held that the circumstantial evidence was sufficient to support Huguley's conviction for armed bank robbery but insufficient to support Abraham's conviction.
• United States v. Adell Carter and Mary Bailey Jones
  516 F.2d 431· 5th Cir.· 1975-07-28 ·cited 10×
  The court held that the admission of prior offenses was an abuse of discretion because they were too remote and unduly prejudicial, and the remaining evidence was insufficient to support the convictions.
• Eldred v. Town OF Barton
  505 F.2d 186· 2d Cir.· 1974-11-25 ·cited 10×
  The court held that the jury was justified in finding the defendant Town negligent and that its negligence was a proximate cause of the accident, affirming the wrongful death recovery.
• United States v. Gaviria
  471 F.2d 1181· 5th Cir.· 1973-01-09 ·cited 10×
  The circumstantial evidence was sufficient to exclude every reasonable hypothesis except that of guilt, supporting the conviction.
• United States v. Finnerty
  470 F.2d 78· 3d Cir.· 1972-11-29 ·cited 10×
  The court held that sufficient evidence remained to support the jury's finding of knowledge regarding the counterfeit note transaction.
• Withrow v. United States
  420 F.2d 1220· 5th Cir.· 1969-12-18 ·cited 10×
  The court held that the defendant, a rural letter carrier, was a 'postal service employee' for the purposes of embezzlement statutes and that sufficient evidence supported his conviction on two counts of embezzlement.
• United States v. Teresa
  420 F.2d 13· 4th Cir.· 1969-12-12 ·cited 10×
  The court held that the circumstantial evidence was sufficient to support convictions for transporting stolen securities across state lines, but reversed a conviction where the transported items were no longer considered 'securities' after being paid and cancelled.
• Early v. United States
  394 F.2d 117· 10th Cir.· 1968-04-25 ·cited 10×
  The court held that the circumstantial evidence was sufficient to sustain the conviction for unlawful transportation of a stolen motor vehicle.
• United States v. Liguori
  373 F.2d 304· 2d Cir.· 1967-02-14 ·cited 10×
  The court held that the evidence was sufficient to support the conviction and that the defendant lacked standing to challenge the legality of a search of a third party's apartment.
• Duncan v. United States
  357 F.2d 195· 5th Cir.· 1966-03-07 ·cited 10×
  The court held that the circumstantial evidence was sufficient to sustain the jury's verdict and that the admission of fingerprint cards was not erroneous.
• Trimble v. State
  102 So. 2d 738· Fla. 3d DCA· 1958-05-13 ·cited 10×
  The court held that the circumstantial evidence was sufficient to support a conviction for manslaughter, excluding any reasonable hypothesis of innocence.
• Coppersmith v. United States
  176 F.2d 353· 4th Cir.· 1949-07-21 ·cited 10×
  The court held that the circumstantial evidence was sufficient to sustain the conviction and that no reversible error occurred in the jury charge.
• Scott v. State
  64 Fla. 490· Fla.· 1912-06-01 ·cited 10×
  The Florida Supreme Court reversed a first-degree murder conviction because the trial court gave misleading jury instructions regarding the defendant's sanity. The court found that the instructions improperly commented on the weight of non-expert testimony and misstated the law o
• Ginn v. State
  26 So. 3d 706· Fla. 2d DCA· 2010-02-05 ·cited 9×
  Billy Dwayne Ginn was convicted of uttering forged documents and grand theft after cashing two forged American Express traveler's checks. The Florida Second District Court of Appeal reversed his convictions, holding that the State failed to present evidence proving Ginn knew the
• Palmer v. State
  483 So. 2d 496· Fla. 1st DCA· 1986-04-10 ·cited 9×
  This consolidated appeal involves two inmates charged with burglary of a prison pharmacy. The court reversed the conviction of Brown due to insufficient circumstantial evidence but affirmed Palmer's conviction, rejecting his discovery violation claims.
• Williams v. State
  158 Fla. 415· Fla.· 1947-01-17 ·cited 9×
  Three defendants were convicted of entering without breaking with intent to commit grand larceny and sentenced to five years imprisonment plus costs or thirty additional days. The Florida Supreme Court affirmed the convictions and sentences, rejecting challenges to both the legal
• Walker v. State
  152 Fla. 540· Fla.· 1943-03-16 ·cited 9×
• Nicholson v. State
  10 So. 3d 142· Fla. 4th DCA· 2009-03-25 ·cited 8×
  The appellate court affirmed a conviction for first-degree murder, holding that the trial court did not err in admitting evidence of a prior domestic dispute as "Williams rule" testimony. This evidence was deemed relevant to establish motive and intent, despite its prejudicial na
• Melton v. State
  824 So. 2d 948· Fla. 1st DCA· 2002-07-31 ·cited 8×
  Cornelius Melton appealed his conviction for possession of cocaine with intent to sell while armed, challenging the denial of his motion for judgment of acquittal and the admission of expert testimony regarding typical drug possession amounts. The First District Court of Appeal a
• Evans v. State
  692 So. 2d 966· Fla. 5th DCA· 1997-04-25 ·cited 8×
  Jeffrey Evans was convicted of first-degree murder, armed robbery, and burglary based primarily on circumstantial evidence. The appellate court affirmed his conviction while finding that his statement upon arrest was erroneously admitted but constituted harmless error given the s
• R.S. v. State
  639 So. 2d 130· Fla. 2d DCA· 1994-06-29 ·cited 8×
  A juvenile was adjudicated delinquent for grand theft based on circumstantial evidence that he possessed jewelry matching items missing from a friend's mother's home. The court reversed, finding the circumstantial evidence insufficient to prove the offense beyond reasonable doubt
• United States v. Ingrao
  844 F.2d 314· 6th Cir.· 1988-04-11 ·cited 8×
  The court held that circumstantial evidence was sufficient to convict the defendant of theft from an interstate shipment, and that the items stolen (money, checks, food stamps) and the interstate nexus were properly established under 18 U.S.C. § 659.
• Jeffrie K. Avery v. State
  505 So. 2d 596· Fla. 1st DCA· 1987-04-10 ·cited 8×
  Avery was convicted of grand theft and sentenced as a habitual offender to 2½ years incarceration. The court affirmed the conviction but reversed and remanded the sentence because the trial court improperly scored the primary offense as a second-degree felony rather than third-de
• United States v. Duran
  687 F.2d 348· 11th Cir.· 1982-09-30 ·cited 8×
• Junies Thomas Ivey v. State
  420 So. 2d 613· Fla. 4th DCA· 1982-09-08 ·cited 8×
  The court held that the evidence was sufficient to sustain a conviction for constructive possession of cannabis.
• United States v. Bell
  649 F.2d 281· 5th Cir.· 1981-03-23 ·cited 8×
• United States v. Lorin Hugh Smith
  601 F.2d 972· 8th Cir.· 1979-07-27 ·cited 8×
  The court held that the circumstantial evidence was sufficient to support the conviction on count III.
• United States v. Heath
  536 F.2d 1069· 5th Cir.· 1976-08-09 ·cited 8×
  The court held that the jury's verdict was supported by sufficient evidence, including handwriting analysis and the sales clerk's testimony, to establish the defendant's guilt beyond a reasonable doubt.
• United States v. Rusk
  512 F.2d 815· 5th Cir.· 1975-05-07 ·cited 8×
  The court held that the evidence was sufficient to support the conviction and that the appellant was not denied a speedy trial.
• Flicker v. State
  296 So. 2d 109· Fla. 1st DCA· 1974-06-18 ·cited 8×
  The Flickers were charged with uttering and publishing forged mortgage satisfactions and forging a notarial attestation. The appellate court reversed their convictions, finding insufficient evidence that Elizabeth Flicker participated in any forgery and finding the evidence as to
• Thompson v. State
  276 So. 2d 218· Fla. 4th DCA· 1973-04-17 ·cited 8×
  The appellate court affirmed the conviction of Mabel Frances Thompson for first-degree murder of her husband, finding the evidence sufficient to support the jury's verdict.
• United States v. Ordones
  469 F.2d 70· 9th Cir.· 1972-10-30 ·cited 8×
  The court held that the evidence was sufficient to convict and the representation by appointed counsel was adequate.
• Terzado v. State
  232 So. 2d 232· Fla. 4th DCA· 1970-02-04 ·cited 8×
  Sergio Terzado was convicted of second-degree murder in the killing of Osvaldo B. Quinones based entirely on circumstantial evidence. The appellate court reversed and remanded for a new trial, holding that the circumstantial evidence failed to eliminate reasonable hypotheses of i
• Koenig v. State
  214 So. 2d 627· Fla. 3d DCA· 1968-10-15 ·cited 8×
  Bernard Koenig was convicted after a bench trial of willfully damaging telephone equipment and possessing burglarious tools. The appellate court affirmed, holding that circumstantial evidence was sufficient to prove he damaged the telephone booth based on his proximity to the boo
• Wood v. United States
  342 F.2d 708· 8th Cir.· 1965-03-17 ·cited 8×
  The court held that the trial court erred by instructing the jury on an element not charged in the indictment, namely 'breaking the seal,' which constituted a prejudicial variance from the proof required for conviction.
• Guarino v. State
  133 So. 2d 596· Fla. 2d DCA· 1961-10-11 ·cited 8×
  Paul Guarino was convicted of breaking and entering a dwelling house with intent to commit grand larceny based entirely on circumstantial evidence. The appellate court reversed the conviction, holding that the evidence was insufficient to exclude reasonable hypotheses of innocenc
• Danser v. United States
  281 F.2d 492· 1st Cir.· 1960-09-07 ·cited 8×
  The court held that there was sufficient evidence to support the defendant's conviction for violating Section 17(a) of the Securities Act of 1933, including findings of false statements, knowledge of falsity, and use of the mails in furtherance of a scheme to defraud.
• United States v. Stirsman
  212 F.2d 900· 7th Cir.· 1954-05-11 ·cited 8×
  The court held that the admission of evidence obtained by a city police officer was not erroneous, even if the arrest was for investigation, because there was no demonstrable federal participation in the search or seizure.
• Nash v. Raun
  149 F.2d 885· 3d Cir.· 1945-05-14 ·cited 8×
  The court held that the circumstantial evidence presented was insufficient for the jury to find the defendant negligent, as it was as consistent with the defendant not being negligent as with him being negligent.
• Scott v. United States
  145 F.2d 405· 10th Cir.· 1944-10-16 ·cited 8×
• Parramore v. State
  81 Fla. 621· Fla.· 1921-04-25 ·cited 8×
  This case involves a conviction for violating a Florida law that prohibited a white person and a Black person from habitually living and occupying the same room at night. The court affirmed the conviction, finding sufficient evidence and upholding the trial court's jury instructi