Legal Opinion

Gatlin v. State

District Court of Appeal of Florida

Decided February 8, 1990No. 88-2083PublishedCited by 2 opinions

1Opinion of the Court

SMITH, Judge.

Appellant seeks reversal of his conviction for possession of cocaine, arguing that the instructions given to the jury were violative of due process as creating a mandatory presumption. We disagree and affirm.

Police were summoned to appellant’s residence following an argument between appellant and his girlfriend. The girlfriend claimed to have been attacked by appellant. Police observed abrasions on her face, whereupon appellant was told he was being charged with battery, and he was arrested. At the time of arrest, appellant was only partially dressed, but before being escorted to…

2Cases cited10 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Sandstrom v. MontanaSupreme Court of the United States · 1979
  3. Francis v. FranklinSupreme Court of the United States · 1985
  4. County Court of Ulster Cty. v. AllenSupreme Court of the United States · 1979
  5. Carella v. CaliforniaSupreme Court of the United States · 1989

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3Cited by2 opinions

  1. Bell v. StateDistrict Court of Appeal of Florida · 1990
  2. Gladin v. StateCircuit Court for the Judicial Circuits of Florida · 1990

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