DUNCAN

v.

UNITED STATES

Citator

Cited By

• Dautel v. State, 658 So. 2d 88 (Fla. 1995)
  …e, 560 So. 2d 1154, 1158 (Fla.) (In criminal cases, “the state must produce evidence of all the essential elements of the crime charged and persuade the factfinder of the defendant’s guilt beyond a reasonable doubt.”) (emphasis added), cert. denied, 498 U.S. 867, 111 S.Ct. 181, 112 L.Ed.2d 144 (1990); accord In re Winship, 397 U.S. 358, 364, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970) (“Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to…
• State v. Tagner, 673 So. 2d 57 (Fla. 4th DCA 1996)
  ….08% or more is prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his normal faculties were impaired. See § 316.1934(2)(c), Fla.Stat. (1993); State v. Rolle, 560 So. 2d 1154 (Fla.), cert, denied, 498 U.S. 867, 111 S.Ct. 181, 112 L.Ed.2d 144 (1990). . There are three material elements of a DUI charge: 1) that the defendant was driving or in actual physical control of the vehicle; 2) that the defendant was under the influence of an alcoholic beverage or a…
• Marcolini v. State, 673 So. 2d 3 (Fla. 1996)
  …classified the presumption created by section 812.14(3) as permissive based on the fact that it contained the words “shall be prima facie evidence,” as did the statute labeled a permissive inference in State v. Rolle, 560 So. 2d 1154, cert. denied, 498 U.S. 867, 111 S.Ct. 181, 112 L.Ed.2d 144 (1990). Marcolini, 664 So. 2d at 966. We agree with the district court that the statute creates a permissive inference and that the constitutionality of the statute must therefore be determined as applied rather than…

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