FRANCIS J. HIGGINS

v.

STATE

Citator

Cited By

• Herring v. State, 501 So. 2d 19 (Fla. 3d DCA 1986)
  …is consciousness of his guilt, and ultimately guilt itself, only when it can be said that the behavior is “susceptible of no prima facie explanation except consciousness of guilt.” State v. Esperti, 220 So. 2d 416, 418 (Fla.2d DCA), cert. dismissed, 225 So. 2d 910 (Fla.1969). In Esperti, the appellate court approved the admission of evidence that the defendant, after being told that he had no choice but to submit to a gunpowder test, resisted the test by sitting on his hands, wiping his hands with a handkerch…
• Palmer v. State, 323 So. 2d 612 (Fla. 1st DCA 1975)
  …decision, 203 So. 2d 650 (Fla.App.4th, 1967), rev’d 217 So. 2d 567 (Fla.1968), that charging the jury on the inference of guilt is no longer constitutionally permissible. Accord, Gamble v. State, 210 So. 2d 238 (Fla.App.2d, 1968), cert. dism. Fla., 225 So. 2d 910 (Fla.1969); Urquhart v. State, 211 So. 2d 79 (Fla.App.2d, 1968); Carpenter v. State, 213 So. 2d 738 (Fla.App.2d, 1968), rev’d 222 [*617] So. 2d 194 (Fla.1969). Contra, Shaw v. State, 209 So. 2d 477 (Fla.App.1st, 1968), cert. dism. 218 So. 2d 168 (Fl…
• Clotilde Estela Menna v. State, 846 So. 2d 502 (Fla. 2003)
  …s consciousness of his guilt, and ultimately guilt itself, only when it can be said that the behavior is “susceptible of no prima fa-cie explanation except consciousness of guilt.” State v. Esperti 220 So. 2d 416, 418 (Fla. 2d DCA), cert. dismissed, 225 So. 2d 910 (Fla.1969). In Esperti the appellate court approved the admission of evidence that the defendant, after being told that he had no choice but to submit to a gunpowder test, resisted the test by sitting on his hands, wiping his hands with a handkerchi…