Abuse Of Discretion Standard For Evidence Admission

50 Florida cases classified under this topic · sorted by citation count · browse and sort

• United States v. Lewis
  759 F.2d 1316· 8th Cir.· 1985-03-22 ·cited 178×
  The court held that the district court erred by failing to follow Rule 65 procedural safeguards when issuing a temporary restraining order freezing assets, which implicated the defendant's Sixth Amendment right to counsel. However, the defendant could not raise this issue on appe
• United States v. Cleophas James Kearney
  560 F.2d 1358· 9th Cir.· 1977-08-22 ·cited 109×
  The court held that the defendants' convictions for conspiracy and distribution of controlled substances were valid, affirming the trial court's decisions regarding joinder, deposition testimony admissibility, jury instructions, sentencing, and effective assistance of counsel.
• Perry v. State
  801 So. 2d 78· Fla.· 2001-10-18 ·cited 66×
  Perry was convicted of first-degree murder and sentenced to death for killing a 75-year-old motel guest. The Florida Supreme Court affirmed the conviction but vacated the death sentence and remanded for resentencing, finding that the trial court improperly admitted inflammatory t
• Evans v. State
  177 So. 3d 1219· Fla.· 2015-11-12 ·cited 58×
  Patrick Albert Evans was convicted of two counts of first-degree murder for the deaths of his estranged wife Elizabeth Evans and her boyfriend Gerald Taylor, and sentenced to death. The Florida Supreme Court vacated the convictions and death sentences due to cumulative trial erro
• United States v. LEA
  618 F.2d 426· 7th Cir.· 1980-02-19 ·cited 54×
  The court held that the mailings were sufficiently connected to the scheme to defraud Safeway, and the admission of prior bad acts evidence was not an abuse of discretion.
• United States v. Luster
  896 F.2d 1122· 8th Cir.· 1990-02-22 ·cited 51×
  The court affirmed the convictions but remanded for resentencing of Mr. Luster due to an error in calculating the amount of crack cocaine mixture distributed, which affected his base offense level.
• Warner v. Transamerica Ins. Co.
  739 F.2d 1347· 8th Cir.· 1984-07-25 ·cited 47×
  The court held that the trial court did not err in excluding evidence of a prior fire, in its conduct during trial, or in denying post-trial motions for relief from judgment.
• United States v. Sellers
  926 F.2d 410· 5th Cir.· 1991-03-01 ·cited 24×
  The court held that the admission of testimony regarding prior dumping was proper, the jury instructions regarding knowledge were not plain error, and the sentencing guidelines were correctly applied.
• United States v. Artlet Smith
  629 F.2d 650· 10th Cir.· 1980-08-12 ·cited 24×
  The court held that the admission of evidence of prior misconduct and the timing of the entrapment instruction did not constitute reversible error.
• Nile T. Deland v. OLD Republic Life Ins. Co.
  758 F.2d 1331· 9th Cir.· 1985-04-24 ·cited 18×
  The court held that while the district court erred in allowing the jury to interpret the insurance policy, the appellant invited this error and therefore cannot appeal it. The court also found no abuse of discretion in admitting certain evidence.
• Rollin Monestime v. State
  41 So. 3d 1110· Fla. 3d DCA· 2010-08-18 ·cited 14×
  Rollin Monestime appeals his convictions for cocaine trafficking and money laundering, challenging the admission of a photograph of a gun discovered with the contraband and arguing he lacked the knowledge requirement for money laundering. The Third District Court of Appeal affirm
• United States v. Horvath
  731 F.2d 557· 8th Cir.· 1984-04-09 ·cited 14×
  The court held that while the admission of evidence concerning a marijuana seizure at Ardmore, Oklahoma was improper, it constituted harmless error, and the admission of attorney-client communications made in furtherance of a criminal conspiracy was also proper.
• United States v. Hamann
  688 F.2d 507· 7th Cir.· 1982-09-13 ·cited 14×
  The court held that supplemental jury instructions and the admission of handwriting exemplars revealing incarceration did not violate the Silvern rule or constitute an abuse of discretion, respectively.
• Knight v. State
  15 So. 3d 936· Fla. 3d DCA· 2009-08-12 ·cited 10×
  Derrick Knight appeals his conviction for manslaughter and related charges, challenging the trial court's admission of photographs of firearms found in his home that were not used in the shooting. The appellate court affirmed, finding no abuse of discretion in admitting the photo
• United States v. Coleman
  524 F.2d 593· 10th Cir.· 1975-10-20 ·cited 10×
  The court held that admitting statements after a written advisement of rights and admitting a physical exhibit with sufficient identification are not abuses of discretion.
• THE Florida BAR v. Miroslaw Thomas Lobasz
  64 So. 3d 1167· Fla.· 2011-02-03 ·cited 9×
  The Florida Supreme Court reviewed a referee's report recommending a three-year suspension for attorney Miroslaw Lobasz, who practiced law while suspended by appearing at an immigration hearing and subsequently advising a colleague on former clients' cases. The Court approved the
• Lewis v. SUN Time Corp.
  47 So. 3d 872· Fla. 3d DCA· 2010-10-20 ·cited 8×
  Sandra Lewis appeals from a jury verdict in favor of defendants after she fell on rain-soaked terrazzo steps at a hotel. The sole issue on appeal is whether the trial court erred in admitting evidence that there had been no prior falls at the location since the building opened in
• Willson v. BIG Lake P'rs, LLC
  211 So. 3d 360· Fla. 4th DCA· 2017-03-01 ·cited 6×
  In this breach of contract and slander of title case, the trial court initially excluded expert testimony regarding lost profits due to late disclosure, but then reversed itself on rehearing and admitted the excluded evidence to award damages. The appellate court held this consti
• Deutsche Bank Nat'l Tr. Co. v. Alaqua Prop.
  190 So. 3d 662· Fla. 5th DCA· 2016-04-22 ·cited 6×
  Deutsche Bank sought to foreclose a mortgage and needed to admit a promissory note into evidence at trial. The trial court ruled the note was hearsay and could only be admitted under the business records exception, which Bank failed to establish. The appellate court reversed, hol
• Foster Rayfield Leon v. State
  68 So. 3d 351· Fla. 1st DCA· 2011-08-23 ·cited 6×
  Foster Leon appeals his conviction for attempted second-degree murder and kidnapping, challenging the trial court's admission of evidence of his flight from Jacksonville to New Orleans and various witness testimony regarding statements he made. The appellate court affirmed the co
• United States v. Garcia
  880 F.2d 1277· 11th Cir.· 1989-08-21 ·cited 6×
  The court held that testimony about a prior incident where the appellant signed another person's name as a joke was admissible evidence.
• Lavallee v. State
  958 So. 2d 509· Fla. 4th DCA· 2007-05-30 ·cited 5×
  The court held that the trial court abused its discretion by admitting evidence of a screwdriver and gloves found on the appellant, as this evidence was irrelevant to the burglary charge.
• Noack v. State
  260 So. 3d 1172· Fla. 1st DCA· 2018-12-27 ·cited 4×
  A defendant's pre-trial waiver of Rule 3.191 speedy trial time limits continues to apply after appellate reversal and remand for retrial, unless the defendant moved for discharge before the first trial. Alternatively, a defendant may revoke a pre-trial waiver by filing a demand f
• United States v. C.L. Carr
  764 F.2d 496· 8th Cir.· 1985-06-07 ·cited 4×
  The court held that the district court did not err in denying the motion to dismiss the indictment despite the improper characterization of an FBI agent as a "grand jury agent," as the appellant failed to demonstrate prejudice. The court also held that the district court did not
• United States v. Palmer
  691 F.2d 921· 9th Cir.· 1982-11-05 ·cited 4×
  The court held that cross-examination into a defendant's personal drug use, and impeachment with illegally obtained evidence after the defendant denies such use, are permissible.
• Hernan Concepcion v. State
  188 So. 3d 5· Fla. 3d DCA· 2016-03-02 ·cited 3×
  Hernán Concepcion appeals his convictions for lewd and lascivious molestation of a child under twelve, kidnapping of a child, and lewd and lascivious exhibition. He raises three claims: trial court abuse of discretion in limiting cross-examination of the victim's mother, improper
• A.K. v. State
  898 So. 2d 1112· Fla. 4th DCA· 2005-03-30 ·cited 3×
  A.K., a juvenile, was adjudicated delinquent for battery on an elderly crossing guard after a street altercation. The appellate court affirmed, holding that the trial court's admission of reputation evidence regarding A.K.'s character as a bully constituted error, but the error w
• Yolie N. Bauduy v. Adventist Health System/Sunbelt, Inc.
  288 So. 3d 87· Fla. 5th DCA· 2019-11-14 ·cited 2×
  This case addresses whether Florida's Amendment 7, which grants patients a constitutional right to access adverse medical incident reports, implicitly grants them the right to use those reports as trial evidence. The court held that Amendment 7 provides only a right to access suc
• Johnson v. State
  117 So. 3d 1238· Fla. 3d DCA· 2013-07-10 ·cited 2×
  Johnson appeals convictions for sexual battery with a deadly weapon, kidnapping, and lewd and lascivious molestation of a child, challenging the admission of DNA evidence and a rape treatment report when the examining physician did not testify. The court upheld the admission of t
• Tillman Christopher Moore v. State
  78 So. 3d 46· Fla. 4th DCA· 2012-01-11 ·cited 2×
  Tillman Moore appeals his convictions for first-degree murder and aggravated child abuse of his three-month-old son, arguing that the charges merged under Brooks v. State and that evidence of prior burn injuries was improperly admitted. The Fourth District affirmed, holding that
• Sterling Casino Lines, L.P. v. Plowman-Render
  902 So. 2d 938· Fla. 5th DCA· 2005-06-03 ·cited 2×
  Sterling Casino Lines appeals a judgment for a passenger injured on one of its cruise ships, arguing the trial court abused its discretion by admitting irrelevant character evidence about Sterling's key witness (an EMT) that unfairly prejudiced the jury against Sterling's defense
• Lodge Constr., Inc. v. Monroe Cnty.
  891 So. 2d 568· Fla. 3d DCA· 2004-11-24 ·cited 2×
  Florida appellate court reversed summary judgment for Monroe County on breach of contract liability and directed verdict for architect Bender because deposition testimony of Lodge's principal raised genuine issues of material fact precluding summary judgment.
• Manley v. State
  677 So. 2d 104· Fla. 5th DCA· 1996-07-26 ·cited 2×
  Mark Shawn Manley appeals his convictions for second degree murder, aggravated battery, and battery, challenging the trial court's admission of two photographs showing injuries inflicted by his brother on a third party. The appellate court affirmed, holding that the photographs w
• United States v. Gaye Flood
  965 F.2d 505· 7th Cir.· 1992-06-16 ·cited 2×
  The court affirmed the conviction for conspiracy and fraud but vacated the restitution order, remanding for resentencing to correct the restitution allocation.
• United States v. Rogers
  939 F.2d 591· 8th Cir.· 1991-07-23 ·cited 2×
  The court affirmed both convictions and sentences, holding that the district court did not err in denying William Rogers' motion to withdraw his guilty plea and that sufficient evidence supported DeLinda Rogers' conviction.
• United States v. Jackson
  845 F.2d 880· 9th Cir.· 1988-05-04 ·cited 2×
  The court held that submitting forms to fraudulently reduce liability to the government constitutes a "claim" under 18 U.S.C. § 287, and prior false claims are admissible to prove intent.
• State v. Hubbs
  377 So. 3d 1162· Fla. 4th DCA· 2023-12-06 ·cited 1×
  Text messages expressing a defendant's sexual interest in a child and discussing the context surrounding receipt of child sexual abuse material are relevant and admissible to prove the elements of possession of depictions of sexual performance by a child, and the trial court abus
• R-L Sales, LLC v. Hoce
  276 So. 3d 434· Fla. 1st DCA· 2019-07-09 ·cited 1×
  After an e-cigarette exploded in Appellee's mouth, causing dental injuries, he sued the manufacturer and seller. R-L Sales, LLC, the battery seller and sole remaining defendant, was found 100% liable by a jury that awarded approximately $48,000 in medical expenses and $2 million
• Walters v. State
  30 So. 3d 656· Fla. 3d DCA· 2010-03-17 ·cited 1×
• Sorrells v. Montesino
  2 So. 3d 297· Fla. 4th DCA· 2008-03-26 ·cited 1×
  The Sorrells appealed a jury negligence verdict awarding $50,808.90 in damages (reduced to $35,561.72 after collateral source setoffs) against Montesino and Delgado. The Fourth District reversed and remanded, finding the trial court erred in excluding testimony from Gregory's tre
• Costco Wholesale Corp. v. Janetth Vargas
  Fla. 3d DCA· 2023-10-25
  A trial court does not abuse its discretion in awarding attorney's fees and costs under Florida Rule of Civil Procedure 1.380(b)(2) when a party fails to comply with an order compelling discovery responses, or when an attorney coaches a corporate representative and conceals docum
• United Auto. Ins. Co. v. Affiliated Healthcare Ctrs., Inc.
  Fla. 3d DCA· 2021-08-04
  A proponent of business records under Florida Statute § 90.803(6) need only lay foundation using the language of the statute or a close approximation thereof, without requiring the testifying witness to detail the basis for familiarity with business practices.
• Balogh v. ABC Liquors, Inc.
  Fla. 1st DCA· 2020-12-16
  This case involves an appeal from a judgment concerning a collision between a pedestrian and a van. The appellate court affirmed the trial court's decision, finding that the admission of intoxication evidence was proper and not an abuse of discretion.
• Locklear v. State
  Fla. 1st DCA· 2020-08-12
  The appellate court affirmed a defendant's conviction and sentence, specifically addressing the admissibility of North Carolina prison records used to designate him as a prison release reoffender. The court found the records admissible, despite a minor error in the trial court's
• Monts v. State
  Fla. 5th DCA· 2019-08-08
  Bobbie Lee Monts appeals his felony battery conviction, challenging the admission of jail communications suggesting alibi fabrication and the trial court's limitation of cross-examination regarding the victim's deferred prosecution agreement. The court affirmed the conviction, fi
• Charlier v. State
  272 So. 3d 476· Fla. 3d DCA· 2019-04-03
  Ford Mahammad Charlier appeals his conviction for second degree murder of his girlfriend, Jasmine Richards, based on entirely circumstantial evidence. The court affirms the conviction, holding that the circumstantial evidence sufficiently excluded reasonable hypotheses of innocen
• Gear v. State
  257 So. 3d 1243· Fla. 1st DCA· 2018-12-10
  Billy Gear appeals his convictions for first-degree murder and kidnapping of Melissa Darnell, challenging the admission of dog tracking evidence and the denial of a motion for judgment of acquittal on the kidnapping charge. The appellate court affirmed both the conviction and the
• Brown v. State
  227 So. 3d 185· Fla. 2d DCA· 2017-05-26
  Johnnie Brown III was convicted of felony battery and challenged his conviction on the grounds that the trial court improperly excluded evidence of the victim's reputation for violence and prior acts of violence. The Florida Second District Court of Appeal reversed and remanded f
• Camerlengo v. State
  989 So. 2d 740· Fla. 4th DCA· 2008-09-10
  John Camerlengo was convicted of grand theft of a trailer. The court reversed his conviction because the trial court erred in excluding an application for vehicle title that was relevant to show Camerlengo's state of mind and lack of intent to steal, rather than offered for the t
• United States v. Ryan
  969 F.2d 238· 7th Cir.· 1992-06-17
  The court held that the district court did not abuse its discretion in admitting computer print-outs of tax records and that the Paperwork Reduction Act did not apply to the defendant's failure to file tax returns.