Tampering With Evidence

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

• Gerod Lekeith Studemire v. State
  Fla. 1st DCA· 2020-11-16
  The appellate court affirmed a trial court's decision to deny a defendant's motion to withdraw his guilty plea before sentencing. The defendant failed to demonstrate good cause, such as mistake, surprise, or coercion, to justify withdrawing his plea.
• Marcelino Macedo v. State
  Fla. 4th DCA· 2020-11-04
  Probable cause existed to arrest the appellant based on the totality of circumstances, and although the trial court erroneously admitted hearsay testimony regarding a watch's value, the error was harmless because the State provided competent evidence of other items stolen that me
• Webster v. Sec'y, Fla. Dep't of Corr.
  M.D. Fla.· 2020-10-14
  Ian Chad Webster, a Florida state prisoner, petitioned for federal habeas corpus relief challenging his guilty pleas to conspiracy to traffic cocaine, possession of cocaine while armed, and tampering with evidence. The court rejected all seven of Webster's claims, finding that hi
• Copeland v. Florida Attorney General
  M.D. Fla.· 2020-09-21
  Copeland, an inmate convicted of attempted first degree murder, aggravated battery with a firearm, and shooting into a building, filed a federal habeas corpus petition under 28 U.S.C. § 2254 challenging his Florida conviction. The district court denied all four grounds of his pet
• Dakota Manucy Constantin v. State
  Fla. 5th DCA· 2020-07-24
  A sentencing court may consider conduct at sentencing when the allegation is based on evidence and not unsubstantiated, even if the conduct was not charged as a separate crime.
• Kleiman v. Wright
  S.D. Fla.· 2020-06-24
  Ira Kleiman and his estate sued Craig Wright for allegedly misappropriating billions of dollars in bitcoin and blockchain intellectual property that they claimed Wright developed in partnership with Dave Kleiman, Ira's deceased brother. The court rejected Kleiman's request for de
• State v. Morris
  Fla. 4th DCA· 2020-06-03
  Once a defendant is judicially adjudicated incompetent to proceed, he is presumed to remain incompetent until a court adjudicates him competent, and this presumption continues even during periods when the defendant is not under supervised treatment. The State bears the burden of
• Philippeaux v. United States
  S.D. Fla.· 2020-06-02
  The court held that the plaintiff's claims were time-barred by the statute of limitations and that leave to amend would be futile, affirming the dismissal of the case.
• Turner v. Williams
  M.D. Fla.· 2020-04-17
  Bryan Turner, a retired deputy sheriff who announced his intention to run for sheriff of Nassau County, sued Sheriff Mike Williams and the Jacksonville Sheriff's Office alleging First Amendment retaliation for his arrest on evidence tampering charges, and similarly sued Sheriff B
• Lee v. State
  Fla. 1st DCA· 2018-12-27
  A trial judge does not commit fundamental error by excluding inadmissible evidence and managing witness testimony through sidebars and questioning, even if the judge's comments demonstrate frustration with counsel, provided the judge does not assume the prosecutor's role or promp
• Nock v. State
  256 So. 3d 828· Fla.· 2018-11-01
  The Florida Supreme Court held that the statutory rule of completeness does not apply when no portion of a recorded statement is introduced into evidence, and that a defendant who introduces exculpatory hearsay statements through cross-examination of a witness is subject to impea
• Gibson
  Del. Super. Ct.· 2017-12-19
  The Court denied the defendant's motion for postconviction relief. The court found that most of the defendant's claims of prosecutorial misconduct were procedurally barred due to failure to raise them at trial or on direct appeal. The court further held that the nondisclosure of
• State v. Ellis C. Barnes
  189 So. 3d 362· Fla. 1st DCA· 2016-04-29
  The State appealed the dismissal of a tampering with evidence charge against Ellis Barnes. The court reversed, finding the allegations sufficient to establish a prima facie case where Barnes was observed chewing an unknown substance during a traffic stop, refused to spit it out,
• Stoddard v. State
  189 So. 3d 1046· Fla. 2d DCA· 2016-04-20
• Luders Croissy v. State
  184 So. 3d 570· Fla. 4th DCA· 2016-01-20
  Luders Croissy appeals his convictions for drug and evidence tampering offenses, challenging the trial court's denial of his motion to suppress evidence. The Fourth District Court of Appeal reversed, holding that the officer lacked reasonable suspicion to detain and search Croiss
• Hataway v. State
  171 So. 3d 156· Fla. 4th DCA· 2015-07-22
  James Hataway appealed his conviction for tampering with evidence. The Florida Fourth District Court of Appeal reversed his conviction on this charge, finding insufficient evidence of intent to impair evidence under Florida Statutes section 918.13(1)(a), while affirming the trial
• Anzara Brown
  Del.· 2015-06-17
  The Superior Court did not abuse its discretion in denying the defendant's motion for a new trial based on newly discovered evidence of alleged misconduct by evidence custodians. The court also affirmed the trial court's decisions to admit evidence obtained from a wiretap and a t
• Phelps v. State
  154 So. 3d 1232· Fla. 1st DCA· 2015-01-27
  Lloyd Phelps appealed his convictions for first-degree murder and evidence tampering, raising three issues including challenges to jury instructions, a motion for judgment of acquittal, and the trial court's designation of a witness as a court witness under Florida's court witnes
• Abraham v. State
  155 So. 3d 491· Fla. 3d DCA· 2015-01-21
  Harvey Abraham was convicted of leaving the scene of an accident causing death and tampering with physical evidence after he struck and killed an 11-year-old child with his pickup truck and fled the scene. On appeal, he challenged the suppression ruling denying his motion to excl
• Windell Sanchez v. State
  154 So. 3d 441· Fla. 3d DCA· 2014-12-31
• Kent v. State
  134 So. 3d 1009· Fla. 1st DCA· 2012-08-31
  The court held that oral sentence pronouncements control over written ones, and discretionary fines must be orally imposed. The trial court's failure to rule on a motion within 60 days renders a subsequent ruling a nullity.
• Reinlein v. State
  75 So. 3d 853· Fla. 2d DCA· 2011-12-16
  The court held that the State failed to establish the corpus delicti of tampering with physical evidence independent of the defendant's admissions, and therefore, the admissions should not have been admitted into evidence.
• Dillard v. State
  869 So. 2d 661· Fla. 4th DCA· 2004-03-31
  Kevin Dillard appeals his upward departure sentence imposed upon re-sentencing after his initial habitual offender conviction was reversed. The Fourth District Court of Appeal reverses the departure sentence because it was based on conduct (tampering with evidence) for which the
• Hendrix v. State
  843 So. 2d 1003· Fla. 1st DCA· 2003-05-01
  Abraham Hendrix was convicted of possession of cocaine and tampering with evidence after police officers, without a warrant, directed hospital medical personnel to treat him for swallowing a plastic bag of cocaine, which he subsequently vomited. The court affirmed, holding that t
• Darwin K. Klinger v. State
  816 So. 2d 697· Fla. 2d DCA· 2002-04-12
  A defendant's criminal liability for causing death is not absolved by the victim's refusal of medical treatment, even if that treatment might have saved the victim's life.
• A.D. J. v. State
  813 So. 2d 127· Fla. 5th DCA· 2002-03-01
  The court held that the trial court did not err in denying the motion to suppress evidence and that sufficient evidence existed to convict the defendant of tampering with evidence.
• Dragan Leljko Kirin v. State
  798 So. 2d 12· Fla. 4th DCA· 2001-09-26
  The court held that the appellant's challenges to his probation conditions were not preserved for direct appeal. The court affirmed the convictions.
• Glee v. State
  731 So. 2d 807· Fla. 5th DCA· 1999-04-23
  Terrell Carlton Glee appealed his conviction for second-degree murder and tampering with evidence. The Florida District Court of Appeal affirmed the conviction, finding sufficient evidence of criminal agency and that the state presented adequate evidence to support Glee's respons
• Penny v. State
  710 So. 2d 180· Fla. 1st DCA· 1998-04-27
• Blazak v. Ricketts
  971 F.2d 1408· 9th Cir.· 1992-08-04
  The court held that a district court's grant of a writ of habeas corpus, vacating a conviction and allowing the state to retry the petitioner, constitutes a final and appealable judgment, even if sentencing issues remain unresolved.
• Locke v. State
  588 So. 2d 1082· Fla. 4th DCA· 1991-11-13
  Bertha Locke was charged with tampering with evidence after a police officer allegedly choked her to prevent her from swallowing suspected cocaine. On appeal, the court reversed and remanded, holding that the trial court failed to adequately address whether the officer's conduct
• THE Florida BAR v. Smigiel
  476 So. 2d 668· Fla.· 1985-10-03
  The Florida Bar disciplined attorney Gary G. Smigiel for tampering with evidence, a serious criminal offense. The Florida Supreme Court affirmed the referee's recommendation and disbarred Smigiel from practicing law in Florida for three years without leave to reapply.
• State v. Saunders
  378 So. 2d 1305· Fla. 4th DCA· 1980-01-04
  Florida appealed the dismissal of perjury and tampering charges against Saunders, who was subpoenaed to produce evidence in his son's sexual battery case but allegedly produced the wrong knife. The court reversed, holding that Miranda warnings are not required for witnesses subpo