Abuse Of Discretion Standard For Evidentiary Rulings

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

• Jones v. State
  296 So. 3d 447· Fla. 4th DCA· 2020-05-27 ·cited 1×
  Evidence of a prior burglary is admissible under the Williams rule when it is relevant to prove a material fact in issue, such as possession of the murder weapon, even if the collateral crime is not highly similar to the charged offense, provided the probative value is not substa
• Brown v. State
  294 So. 3d 367· Fla. 4th DCA· 2020-04-15 ·cited 1×
  A trial court errs in admitting a detective's hearsay testimony describing a non-testifying witness's physical description of a shooter when the description is offered to prove the truth of its contents and goes to the central issue of identity. The error is not harmless when ide
• Young v. State
  301 So. 3d 1089· Fla. 1st DCA· 2020-04-03 ·cited 1×
  The appellate court affirmed convictions for lewd and lascivious molestation, holding that the trial court did not err in admitting child hearsay statements. The court found that the trial court's oral findings were sufficient and that the hearsay's probative value was not outwei
• MBC Gospel Network, LLC v. Fla's. News Channel, LC
  277 So. 3d 647· Fla. 1st DCA· 2019-04-22 ·cited 1×
  A trial court errs by entering judgment on a promissory note based on a copy when the original is lost, unless the creditor produces the original or formally reestablishes the lost note by proving the statutory requirements of section 673.3091, including that possession cannot re
• Williams v. State
  272 So. 3d 482· Fla. 3d DCA· 2019-04-03 ·cited 1×
  Trial courts have broad discretion in determining the relevance and admissibility of evidence, and such determinations will not be disturbed absent an abuse of discretion.
• Macomber v. State
  254 So. 3d 1098· Fla. 1st DCA· 2018-08-30 ·cited 1×
  Evidence that K.M. stated Macomber sexually abused both her and A.M. during the same criminal episode is relevant and admissible because it is inextricably intertwined with the charged crimes, not a collateral matter offered solely for impeachment. The trial court abused its disc
• Thompson v. State
  247 So. 3d 706· Fla. 3d DCA· 2018-05-30 ·cited 1×
  A 911 call placed immediately after a robbery and battery is admissible as both a spontaneous statement and an excited utterance where the caller identified himself by name and phone number, the statement was made while the startling event was ongoing with no time for reflection,
• Asad U. Khan v. State
  243 So. 3d 506· Fla. 2d DCA· 2018-04-06 ·cited 1×
  The trial court reversibly erred in allowing hearsay testimony about a detective's database investigation and in permitting a cross-examination question that implicitly commented on Khan's post-arrest silence in violation of the Fifth Amendment.
• Roman v. State
  165 So. 3d 723· Fla. 4th DCA· 2015-05-20 ·cited 1×
  Carlos Roman was convicted of lewd or lascivious molestation of a child and appealed, arguing the trial court erred in excluding testimony from his first wife and son that would have shown the alleged victim's mother had motive and bias to fabricate the allegations. The appellate
• Great Harbour Cay Realty & Inv. Co. Ltd. v. Carnes
  862 So. 2d 63· Fla. 4th DCA· 2003-11-05 ·cited 1×
  This appeal challenges a jury verdict awarding Carnes $3 million in severance benefits based on an employment contract with a Bahamian corporation. The court reverses and remands due to evidentiary errors that prevented the defendant from fully presenting its case regarding the c
• Julnord Saint Louis v. State
  Fla. 4th DCA· 2026-09-30
  A lay witness with personal knowledge of a discrete cultural group's common superstitions may testify about those beliefs when the testimony is based on the witness's personal knowledge and does not require specialized expertise, provided the witness has adequate foundation throu
• Foster v. State
  Fla.· 2026-09-24
  The postconviction court's credibility determination that Henderson's testimony was not coerced and was truthful regarding Foster's premeditated intent was supported by competent, substantial evidence, and therefore Foster failed to establish Brady and Giglio violations. The circ
• Stout v. Cassity
  Fla. 2d DCA· 2026-08-28
  A trial court abuses its discretion by denying a motion for post-verdict juror interview when the moving party establishes that a juror concealed material information during voir dire, the information is relevant to jury service, and the concealment was not attributable to the mo
• Jaheim Nixon v. State
  Fla. 1st DCA· 2026-07-29
  A trial court does not abuse its discretion in admitting a witness's prior consistent statements under Florida Statute § 90.801(2)(b) when the defense's cross-examination implicitly charges the witness with recent fabrication motivated by a desire for a plea deal, and the prior s
• Torbit v. State
  Fla. 1st DCA· 2026-07-29
  Section 90.404(2)(c), Florida Statutes, by its express terms applies only to evidence of the defendant's own sexual offenses and does not permit a defendant to introduce evidence of sexual offenses committed by third parties under a 'reverse Williams rule.' Even if such evidence
• Foster v. State
  Fla.· 2026-07-16
  The postconviction court's credibility determination that the witness Henderson was not coerced into testifying falsely was supported by competent, substantial evidence, and therefore Foster failed to establish Brady and Giglio violations. The circuit court did not abuse its disc
• United States v. Brillhart
  11th Cir.· 2026-07-09
  Google's hash-value matching protocol qualifies as a valid private search under the Fourth Amendment because it provides virtual certainty that law enforcement will discover nothing materially new about the file's contents, and the government's subsequent warrantless visual inspe
• Isiah Rashad Moore v. State
  Fla. 3d DCA· 2026-06-24
  Testimony regarding general criminal behavior patterns comparing a defendant's conduct to similar acts by other criminals is relevant and admissible when the defendant's defense theory opens the door to such evidence, and such testimony does not constitute fundamental error when
• Judkins v. State
  Fla. 1st DCA· 2026-06-03
  An audio recording of oral communications made surreptitiously in a home without the knowledge or consent of the speakers qualifies as a protected "oral communication" under Florida Statutes § 934.03 and is inadmissible in evidence, regardless of whether the speaker had a reasona
• Ferguson v. The Republic of Trinidad & Tobago
  Fla. 3d DCA· 2026-05-20
  The trial court did not abuse its discretion in admitting billing records under the business records exception based on an affidavit from the Republic's Attorney General establishing the foundational requirements of section 90.803(6), Florida Statutes. The attorney fee award of $
• Manago v. State
  Fla. 5th DCA· 2026-05-12
  Prison disciplinary records reflecting violations found under a preponderance of the evidence standard in administrative proceedings are admissible at resentencing and do not violate due process when used to assess a defendant's potential for rehabilitation under section 921.1401
• Munnerlyn v. State
  Fla. 5th DCA· 2026-05-08
  A trial court abuses its discretion by admitting a police officer's testimony that plastic sandwich bags are typically used by drug dealers to separate larger quantities of marijuana into predetermined sizes for sale. Such testimony constitutes inadmissible general criminal behav
• Medrano-Chavez v. State
  Fla. 3d DCA· 2026-05-06
  The trial court abused its discretion by overruling the defense's objection to Detective Tabares' testimony that the victim's demeanor was "genuine," which invaded the jury's exclusive province to assess credibility, and the State failed to establish the error was harmless beyond
• Henderson v. State
  Fla. 4th DCA· 2026-04-08
  A witness's testimony recounting contents of a written report, when the witness has no independent knowledge and relies solely on the document, constitutes inadmissible hearsay. However, the admission of such testimony is harmless error when the record contains substantial other
• Nance v. Comm'r, Ga. Dep't of Corr.
  11th Cir.· 2026-03-19
  Michael Nance, a death row inmate, challenged his scheduled execution by lethal injection under the Eighth Amendment, claiming his compromised veins would create a substantial risk of severe pain. The district court rejected his claims after a bench trial, and the Eleventh Circui
• Marlen Adalgiza Romana Palomeque v. In re Eudoro Carvajal Ibanez
  Fla. 3d DCA· 2026-03-18
  This is an affirmed decision by the Third District Court of Appeal reviewing a trial court's evidentiary rulings and factual findings in what appears to be a civil probate or estate matter. The court upheld the lower court's judgment based on the established standard that trial c
• Payton Latario Rolle v. Viergena Katie Joseph
  Fla. 3d DCA· 2026-03-18
  Payton Latario Rolle appeals a permanent injunction for protection against stalking issued by the trial court. Rolle argues that key evidence was improperly admitted as hearsay or was otherwise inadmissible. The Third District Court of Appeal affirms the injunction, finding no ab
• United States v. Keegan
  11th Cir.· 2025-12-17
  Statements made to a medical expert for the purpose of preparing the expert to testify at trial, rather than for medical diagnosis or treatment, do not fall under the hearsay exception of Federal Rule of Evidence 803(4).
• Woods v. Progressive Am. Ins. Co.
  11th Cir.· 2025-11-17
  The Eleventh Circuit affirmed the district court's judgment, holding that the exclusion of the prior jury verdict and excess judgment was not an abuse of discretion in a bad faith insurance claim trial.
• Robinson v. State
  Fla. 4th DCA· 2025-11-12
  The trial court did not abuse its discretion in excluding evidence of a prior domestic dispute between the victim and girlfriend as insufficiently relevant to establish motive, nor in admitting evidence of the defendant's recent jail release as inextricably intertwined with the c
• Ribbing v. State
  Fla. 1st DCA· 2025-10-01
  A trial court abuses its discretion by admitting testimony regarding the value of stolen property from a witness who lacks personal knowledge of that value, and when such testimony is the only evidence of value, the error is harmful and requires reversal of the theft conviction.
• United States v. Kennedy
  11th Cir.· 2025-07-25
  Robert Kennedy was convicted of possessing a firearm as a convicted felon, possessing heroin with intent to distribute, and possessing a firearm in furtherance of a drug trafficking crime, following a search of his apartment that revealed drugs, scales, ammunition, and a handgun.
• Young v. State
  Fla. 1st DCA· 2025-07-09
  The prosecutor's opening statement did not constitute fundamental error, and the trial court did not abuse its discretion in admitting ankle monitor evidence. The overwhelming evidence of guilt, including Young's own admissions, corroborating physical evidence, and surveillance f
• Ribbing v. State
  Fla. 1st DCA· 2025-07-09
  A trial court abuses its discretion by admitting testimony regarding the value of stolen property from a witness lacking personal knowledge of that value, and when such testimony is the only evidence of value, the error is harmful and requires reversal of a grand theft conviction
• Davonte Barnes v. State
  Fla. 3d DCA· 2025-06-25
  The trial court did not abuse its discretion in admitting the rap video "Mr. Pull Up" because it was probative of the defendant's knowledge of the violent nature of the conspiracy and contradicted his trial defense, and the court properly refused the Independent Act jury instruct
• Antron Colston v. State
  Fla. 1st DCA· 2025-06-18
  GPS records with handwritten marks and username information extracted from cell phones are admissible as business records and non-hearsay evidence.
• Cochran v. State
  Fla. 6th DCA· 2025-06-06
  A trial court abuses its discretion by overruling an objection to improper bolstering when a detective directly comments on a witness's credibility, whether regarding trial or pretrial credibility. The error was not harmless beyond a reasonable doubt where the witness's testimony
• Karls v. State
  Fla. 2d DCA· 2025-05-07
  A trial court abuses its discretion by excluding defense testimony that tends to establish reasonable doubt of guilt, even if the testimony may not be particularly persuasive. A defendant has a constitutional right to present witnesses in his defense, and evidence relevant to whe
• Suiter v. State
  Fla. 2d DCA· 2025-03-28
  Evidence of a defendant's prior hateful statements and threats to harm children is admissible to prove motive in a grand theft prosecution when motive is a material fact at issue, provided the trial court carefully limits the testimony to exclude explicitly racist content and the
• Boyd v. Universal Prop. & Cas. Ins. Co.
  Fla. 4th DCA· 2025-03-26
  The trial court did not abuse its discretion in allowing the insurer's corporate representative to testify based on personal knowledge derived from his job duties and review of the underwriting file, and properly excluded a notated photograph where both witnesses indicated they c
• Hendry v. Ankinyele Adams
  Fla. 3d DCA· 2025-02-12
  A trial court abuses its discretion when it admits evidence of racial discrimination in a case where the plaintiff failed to plead racial discrimination in the operative complaint. The plaintiff must plead both his race and that he was arrested for racial reasons; evidence of dis
• Lawrence v. State
  Fla. 5th DCA· 2024-11-22
  The trial court abused its discretion by admitting testimony from the investigating officer regarding his experience with over 50 other hand-to-hand drug transactions and 48 prior controlled buys to explain gaps in the State's evidence and bolster the officer's credibility. Such
• Struggs v. State
  Fla. 1st DCA· 2024-08-21
  A police officer's testimony that he is familiar with a resident of a neighborhood he patrols does not, by itself, imply the resident committed a prior bad act, and an officer's immediate identification statement captured on dashcam video is properly admitted as a statement of id
• Gamaly Argentina Hollis v. State
  Fla. 3d DCA· 2024-08-14
  Communications directed at a specific person under section 784.048(1) can include social media postings not sent directly to an individual if they sufficiently describe the person to make identification possible and are reasonably likely to come to the targeted person's attention
• Lisandra Soto Gutierrez v. State
  Fla. 4th DCA· 2024-07-17
  Evidence of a debtor's fraudulent transfer of her own property to avoid creditors' liens during bankruptcy proceedings is inadmissible in a theft prosecution because such conduct is not relevant to prove the elements of theft and constitutes improper collateral crime evidence und
• Arcamone v. State
  Fla. 3d DCA· 2024-07-03
  A trial court's admission of a victim's excited utterance captured in body-camera video does not constitute an abuse of discretion, but a probation supervision fee exceeding the statutory maximum without oral pronouncement of deviation is reversible error.
• Guzman v. Lazzari
  394 So. 3d 106· Fla. 4th DCA· 2024-07-03
  A defendant physician need not provide expert testimony in a non-party's specialty to pursue a Fabre defense allocating fault when the negligence allegations against both physicians are identical. The trial court abused its discretion in excluding the non-party physician's testim
• State v. Lincoln
  Fla. 1st DCA· 2024-02-21
  A defendant's testimony at a pretrial self-defense immunity hearing is admissible at trial even though the trial court erroneously placed the burden of proof on the defendant, because the burden-of-proof mistake did not render the defendant's decision to testify involuntary or un
• Javarius Hendrix v. Wal-Mart Stores E., LP
  Fla. 3d DCA· 2023-03-29
  A trial court's discretionary decision to exclude evidence under Florida Statute § 90.403 will not be overturned on appeal absent a clear abuse of discretion.
• Pfeil v. Yablonowski
  M.D. Fla.· 2022-12-07
  The court affirmed the bankruptcy court's order excluding expert testimony and granting summary judgment, finding that the appellant failed to establish the elements required for a debt to be nondischargeable under 11 U.S.C. § 523(a)(2)(A).