Tampering With Evidence

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

• Myers v. Morris
  810 F.2d 1437· 8th Cir.· 1987-02-03 ·cited 130×
  The court holds that the prosecutor's actions in handling child abuse cases are protected, despite concerns about the dismissal of charges and the handling of evidence.
• Murray v. State
  3 So. 3d 1108· Fla.· 2009-01-30 ·cited 89×
  Gerald Murray was convicted of first-degree murder, burglary, and sexual battery in the 1990 death of Alice Vest. This was his fourth trial and third conviction on the same charges; the Florida Supreme Court affirmed his conviction and death sentence after rejecting multiple appe
• Zern v. State
  191 So. 3d 962· Fla. 1st DCA· 2016-05-12 ·cited 87×
  The appellate court reversed a criminal conviction because the trial court failed to make an independent finding of the defendant's competency to stand trial, despite ordering psychological evaluations and holding a hearing. This failure violated the defendant's due process right
• United States v. Zambrana
  841 F.2d 1320· 7th Cir.· 1988-03-07 ·cited 74×
  The court affirmed the convictions, holding that the trial court did not abuse its discretion in denying a continuance and that the wiretap affidavits sufficiently demonstrated the necessity of electronic surveillance.
• Jerone Hunter v. State
  8 So. 3d 1052· Fla.· 2008-09-25 ·cited 66×
  Jerone Hunter was convicted of six first-degree murders and sentenced to death for his participation in a brutal home invasion where six victims were beaten to death with baseball bats. The Florida Supreme Court affirmed his convictions and death sentences, finding his procedural
• Forman v. Smith
  633 F.2d 634· 2d Cir.· 1980-10-08 ·cited 60×
  The court held that the Wainwright v. Sykes 'cause and prejudice' standard applies to constitutional claims omitted from a direct appeal, and that the petitioner failed to demonstrate sufficient cause or prejudice.
• United States v. Grismore
  546 F.2d 844· 10th Cir.· 1976-11-08 ·cited 50×
  The court held that federal reserve notes are 'obligations' under 18 U.S.C.A. § 472, that a disbarred attorney cannot represent a defendant, and that the defendant received a fair trial with competent counsel.
• United States v. S. B. Penick & Co.
  136 F.2d 413· 2d Cir.· 1943-06-17 ·cited 44×
  The court held that the trial judge did not err in admitting evidence of drug samples and agent admissions, as the prosecution sufficiently demonstrated reasonable probability of no tampering and the agent's statements were within his authority.
• Giani Fasani v. Kowalski
  43 So. 3d 805· Fla. 3d DCA· 2010-08-25 ·cited 42×
  Fasani and Lincoln Road Associates appeal a jury verdict for Kowalski following a personal injury case where a granite tile fell in an elevator. The appellate court found that plaintiff's counsel engaged in improper, highly prejudicial arguments attacking the defendants' characte
• Peterson v. State
  94 So. 3d 514· Fla.· 2012-05-17 ·cited 40×
  Robert Earl Peterson appeals his conviction and death sentence for the August 8, 2005 first-degree murder of his 64-year-old stepfather, Roy Andrews. The Florida Supreme Court affirmed Peterson's convictions for first-degree murder and tampering with evidence, as well as his deat
• Murray v. State
  838 So. 2d 1073· Fla.· 2002-10-03 ·cited 34×
  Gerald Murray was convicted of the 1990 first-degree murder of Alice Vest and sentenced to death. The Florida Supreme Court reversed his convictions and vacated his sentence, finding that the trial court improperly admitted DNA evidence that failed to meet Frye standards for reli
• Gralen A. Bell v. State
  835 So. 2d 392· Fla. 2d DCA· 2003-01-31 ·cited 32×
  Gralen Bell appeals a conviction for tampering with physical evidence. The Second District Court of Appeal reversed, holding that the undisputed facts did not establish a prima facie case of tampering because there was no evidence that Bell altered, destroyed, concealed, or remov
• Dodd v. State
  537 So. 2d 626· Fla. 3d DCA· 1988-12-27 ·cited 32×
  Gary Dodd appealed his cocaine trafficking conviction, challenging the trial court's denial of his motion for acquittal based on entrapment and the admission of cocaine lacking proper chain of custody. The court affirmed the trial court's rejection of the entrapment defense but r
• Bearden v. State
  161 So. 3d 1257· Fla.· 2015-04-16 ·cited 31×
  The Florida Supreme Court resolved a conflict between two district courts on whether a trial judge or jury determines the credibility of an in-court witness testifying about an out-of-court statement against penal interest made by a third party. The court held that credibility as
• Pryor v. State
  48 So. 3d 159· Fla. 1st DCA· 2010-11-22 ·cited 31×
  Corey Bernard Pryor appealed his convictions for second-degree murder with a firearm, possession of a firearm by a violent career criminal, possession of a firearm by a convicted felon, and tampering with evidence. The court reversed his second-degree murder conviction due to fun
• McKINNEY v. State
  640 So. 2d 1183· Fla. 2d DCA· 1994-07-27 ·cited 31×
  Horace McKinney was convicted of cocaine sale and possession near a school, and tampering with evidence. The Florida District Court of Appeal reversed and remanded for a new trial, holding that McKinney's unsuccessful attempt to swallow cocaine constitutes attempted rather than c
• State v. News-Press Publ'g Co.
  338 So. 2d 1313· Fla. 2d DCA· 1976-11-05 ·cited 28×
  The State of Florida appealed the dismissal of an indictment charging the Fort Myers News-Press with tampering with physical evidence by destroying tape recordings. The court affirmed the dismissal, holding that even though the tapes were illegally obtained, the defendant lacked
• Thomas v. State
  726 So. 2d 369· Fla. 4th DCA· 1999-02-03 ·cited 26×
  The court held that while the prosecutor's comment on the defendant's failure to produce the busboy witness was improper, the trial court's immediate curative instruction prevented reversible error, and thus the denial of the motion for mistrial was not an abuse of discretion.
• Boice v. State
  560 So. 2d 1383· Fla. 2d DCA· 1990-05-11 ·cited 24×
  Donald Boice was convicted of purchasing cocaine and tampering with evidence after an undercover drug purchase in Winter Haven, Florida. The Florida District Court of Appeal affirmed his cocaine purchase conviction but reversed the tampering conviction, finding that merely abando
• Johnson v. State
  559 So. 2d 729· Fla. 4th DCA· 1990-04-18 ·cited 24×
  Florida appellate court reversed Johnson's tampering with evidence conviction because trial testimony characterizing the arrest location as a high-crime, predominantly black neighborhood constituted impermissible guilt by association.
• Zerquera v. State
  549 So. 2d 189· Fla.· 1989-09-28 ·cited 24×
  Jorge Zerquera appeals his convictions for first-degree murder and other crimes, and a death sentence. The Florida Supreme Court affirms convictions for armed robbery, grand theft, arson, and tampering with evidence, but reverses the first-degree murder conviction and vacates the
• Tyson L. Chaffin v. State
  121 So. 3d 608· Fla. 4th DCA· 2013-08-14 ·cited 23×
  Tyson Chaffin appeals his convictions for second-degree murder and tampering with evidence following the fatal shooting of his father. The Fourth District Court of Appeal affirmed the murder conviction and the denial of his suppression motion, but reversed the tampering convictio
• McKENZIE v. State
  632 So. 2d 276· Fla. 4th DCA· 1994-02-23 ·cited 22×
  Harvey McKenzie appeals his conviction for tampering with evidence under Florida Statute § 918.13(1)(a), arguing that swallowing a substance believed to be cocaine does not constitute tampering with evidence. The court affirms, holding that intentionally swallowing evidence to de
• Adella D. Gray v. Univ. OF Ark. AT Fayetteville & the Bd. of Trs. of the Univ. of Ark.
  883 F.2d 1394· 8th Cir.· 1989-08-25 ·cited 22×
  The court held that the district court erred in its application of legal standards and factual findings regarding gender discrimination. The case should be reversed and remanded for determination of appropriate relief for the plaintiff.
• Beazley v. State
  148 So. 3d 552· Fla. 1st DCA· 2014-10-21 ·cited 21×
  Beazley appeals his convictions for resisting arrest (two counts), tampering with physical evidence, and related offenses. The court reverses one of the two resisting arrest convictions because they arose from a single continuous episode, violating double jeopardy principles, but
• State v. Darrel Jennings
  666 So. 2d 131· Fla.· 1995-10-19 ·cited 21×
  The Florida Supreme Court reviewed whether swallowing suspected cocaine constituted tampering with evidence. The court held that swallowing evidence can be considered tampering under the statute, and that shouting 'police' could be sufficient notice of an impending investigation.
• Coleman v. State
  592 So. 2d 300· Fla. 2d DCA· 1991-12-20 ·cited 21×
  The court held that ambiguous testimony regarding consent to enter a dwelling was insufficient to sustain a burglary conviction, but affirmed the drug delivery conviction.
• Kirby Lee Casselman v. State
  761 So. 2d 482· Fla. 5th DCA· 2000-06-30 ·cited 19×
  The court held that the defendant's convictions for battery on a law enforcement officer, resisting an officer with violence, assault on a law enforcement officer, and tampering with evidence did not violate double jeopardy. However, the upward departure sentence was reversed due
• Crew v. State
  146 So. 3d 101· Fla. 5th DCA· 2014-08-29 ·cited 18×
  Jerry Crew appeals his conviction for second-degree felony murder and robbery, arguing the trial court abused its discretion by denying a special jury instruction on his afterthought defense to robbery and that the prosecutor committed fundamental error through improper closing a
• Jones v. State
  590 So. 2d 982· Fla. 1st DCA· 1991-12-03 ·cited 18×
  The court held that the defendant's actions of concealing suspected cocaine from police did not constitute tampering with evidence under the statute, as it did not rise to the level of conduct the legislature intended to criminalize.
• Thomas v. State
  581 So. 2d 993· Fla. 2d DCA· 1991-06-28 ·cited 18×
  The court held that the appellant's act of throwing away alleged contraband did not constitute tampering with evidence under the statute, and the admission of an anonymous tip into evidence was reversible error.
• Robinson v. State
  561 So. 2d 1264· Fla. 3d DCA· 1990-05-22 ·cited 18×
  The court held that any error in admitting testimony about the arrest area was cured by an instruction, and any error in admitting the cocaine was harmless because no probable tampering was shown.
• In re the Special February 1975 Grand Jury. Appeal of Jose Lopez
  565 F.2d 407· 7th Cir.· 1977-09-22 ·cited 18×
  The court held that appellants failed to make a substantial showing that the grand jury's subpoenas were motivated by improper purposes, such as political suppression or unlawful wiretapping, and thus affirmed the civil contempt findings.
• State v. Carpenter
  899 So. 2d 1176· Fla. 3d DCA· 2005-04-13 ·cited 16×
  The State appeals the trial court's dismissal of criminal charges against a police officer defendant for his alleged false reports about a stolen police vehicle. The appellate court reverses, holding that dismissal was an abuse of discretion because the defendant suffered no prej
• Chambers v. State
  880 So. 2d 696· Fla. 2d DCA· 2004-04-28 ·cited 16×
  Patrick Chambers was convicted of aggravated assault with a firearm and tampering with evidence after being charged with attempted second-degree murder. The court affirmed his convictions, holding that the inclusion of an unauthorized lesser-included offense instruction was not f
• Pierce v. State
  718 So. 2d 806· Fla. 4th DCA· 1997-05-07 ·cited 16×
  Kenneth Pierce was convicted of vehicular homicide, leaving the scene of an accident, driving with a suspended license causing death, and tampering with evidence. The appellate court affirmed the admission of a computer-generated accident reconstruction animation as a demonstrati
• Williams v. State
  959 So. 2d 790· Fla. 2d DCA· 2007-06-22 ·cited 15×
  Antonio Williams appeals his convictions for multiple offenses arising from his November 2004 encounter with Lake Wales police officers. The court affirmed his convictions for resisting with violence, battery on a law enforcement officer, and drug-related offenses, but reversed h
• Alpha McNEIL v. State
  746 So. 2d 547· Fla. 5th DCA· 1999-12-10 ·cited 14×
  Alpha McNeil appeals the denial of his motion to suppress cocaine found during a police search. The court reversed, holding that while the initial investigatory stop was justified, the officer exceeded the lawful scope of a Terry frisk by attempting to seize and search a wadded p
• Taplis v. State
  703 So. 2d 453· Fla.· 1997-12-18 ·cited 14×
  The Florida Supreme Court reviewed a District Court of Appeal decision in Taplis regarding the evidentiary standard for excluding physical evidence based on alleged tampering. Finding no actual conflict with prior precedent in Dodd v. State, the Court dismissed the petition and h
• Pierce v. State
  671 So. 2d 186· Fla. 4th DCA· 1996-03-13 ·cited 14×
  Kenneth Pierce appeals his conviction for vehicular homicide and related charges stemming from a fatal hit-and-run accident involving a six-year-old child. The trial court admitted a computer-generated animation of the accident as a demonstrative exhibit, an issue of first impres
• Hayes v. State
  634 So. 2d 1153· Fla. 4th DCA· 1994-04-20 ·cited 14×
• State v. Allen
  978 So. 2d 254· Fla. 2d DCA· 2008-04-04 ·cited 13×
  The court held that an officer's observation that a vehicle appeared to be speeding is sufficient to establish probable cause for a traffic stop, even without evidence of the vehicle's actual speed.
• Harnum v. State
  384 So. 2d 1320· Fla. 2d DCA· 1980-06-18 ·cited 13×
  The court held that while the convictions were supported by sufficient evidence and constitutional challenges were settled, the general sentence for multiple offenses was error.
• Thorne v. State
  271 So. 3d 177· Fla. 1st DCA· 2019-05-13 ·cited 12×
  The trial court erred in excluding evidence that the victim had reported three other men as sexual assailants in a November 2013 interview but did not name the defendant, as this evidence was not barred by the Rape Shield statute (which applies only to consensual sexual activity)
• Hollingsworth v. State
  991 So. 2d 990· Fla. 4th DCA· 2008-10-01 ·cited 12×
  The court held that the arresting officer lacked reasonable suspicion to conduct an investigatory stop of the defendant. Therefore, the evidence seized incident to the subsequent arrest was inadmissible.
• Obas v. State
  935 So. 2d 38· Fla. 4th DCA· 2006-07-12 ·cited 12×
  Phillip Obas was convicted of tampering with evidence after he dropped cocaine and a container on the ground while being stopped on his bicycle. The appellate court reversed, holding that merely dropping evidence on the ground where it can be easily retrieved does not constitute
• Smigiel v. State
  439 So. 2d 239· Fla. 5th DCA· 1983-09-08 ·cited 12×
  Attorney Gary Smigiel was convicted of tampering with evidence for orchestrating the erasure of incriminating cassette tapes in a client's drug case. The Florida appellate court affirmed the conviction, rejecting his challenge to the search warrant for the magnetic tape eraser us
• Goldia Kimbler v. State
  360 So. 2d 1270· Fla. 1st DCA· 1978-06-16 ·cited 12×
  Kimbler's murder and tampering convictions are reversed because circumstantial evidence was insufficient to exclude reasonable hypotheses of innocence and the state improperly used inadmissible hearsay testimony.
• Mathis v. The United States
  421 F.2d 703· Ct. Cl.· 1970-02-20 ·cited 12×
  The court held that the plaintiff's petition was barred by the statute of limitations because he failed to prove he attempted to file it before the limitations period expired.
• MacKey v. State
  55 So. 3d 606· Fla. 4th DCA· 2011-01-19 ·cited 10×
  Leroy Mackey appeals his first-degree murder conviction on three grounds: denial of a motion in limine regarding ballistics evidence, overruling of an objection to prosecutorial rebuttal argument, and denial of a motion for new trial based on alleged prosecutorial misconduct. The