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

• Cleef Theus v. State
  Fla. 3d DCA· 2022-11-02
  The Third District Court of Appeal affirmed the trial court's decision, holding that the prosecution is entitled to prove its case through evidence of its own choosing and that a criminal defendant cannot stipulate or admit his way out of the full evidentiary force of the governm
• Blundell v. R. J. Reynolds Tobacco Co.
  324 So. 3d 1014· Fla. 1st DCA· 2021-07-21
  The appellate court affirmed a trial court's decision to allow evidence of tobacco companies' multi-billion dollar settlement payments to states as mitigation in a punitive damages trial. The court found this evidence relevant to the jury's assessment of appropriate punishment an
• Yarnell Rashard Bagley v. State
  Fla. 1st DCA· 2021-05-12
  The appellate court affirmed a conviction for robbery, murder, and tampering with evidence. The court held that the trial court did not abuse its discretion in admitting a witness's prior consistent statement to rebut defense claims of improper influence or fabrication by law enf
• Pendergrass v. State
  Fla. 1st DCA· 2021-05-12
  The appellate court affirmed a burglary conviction, holding that the trial court did not abuse its discretion by admitting testimony from a law enforcement officer who had previously stopped the defendant driving the same vehicle used in the burglary. The testimony was deemed rel
• Haim v. State
  Fla. 1st DCA· 2021-04-30
  The appellate court affirmed a conviction for second-degree murder. The defendant argued the trial court erred by admitting his young son's statement, a shell casing, and imposing an upward departure sentence. The court found no abuse of discretion in these rulings.
• Vedrick Lamonte Symonette v. State
  Fla. 3d DCA· 2021-02-24
  A self-represented defendant's unauthenticated documents may be properly excluded from evidence without abuse of discretion when the defendant fails to lay the required foundation under the Florida Evidence Code and has no witnesses or legal mechanism to authenticate them. Once a
• Tanner v. State
  Fla. 2d DCA· 2021-01-08
  The appellate court reversed Joshua Tanner's convictions for kidnapping, attempted arson, and resisting arrest. The court found that the trial court erred in denying Tanner's motion to suppress incriminating statements made to police after he had unequivocally invoked his right t
• Jihad Abdul Smith v. State
  Fla. 1st DCA· 2020-11-18
  The appellate court affirmed a juvenile offender's convictions and life sentence for first-degree murder and tampering with evidence. The court found no error in the trial court's consideration of sentencing factors or its exclusion of a third-party confession, nor in a prosecuto
• Louviere v. State
  Fla. 1st DCA· 2020-11-04
  The appellate court affirmed a defendant's convictions for battery and possession of a firearm by a convicted felon. The court held that the trial court did not err in excluding evidence of the nonviolent nature of the defendant's prior convictions and in preventing cross-examina
• Clement Calvin Burnam, Jr. v. State
  Fla. 1st DCA· 2020-10-19
  A witness's testimony recounting a defendant's own prior statements is not improper lay opinion merely because it provides context for understanding those statements, provided the witness is testifying about her personal perception of what was said rather than speculating about m
• Elder v. State
  Fla. 4th DCA· 2020-05-27
  The trial court abused its discretion by refusing to give a jury instruction on the presumption of reasonable fear for justifiable use of deadly force and by excluding medical testimony regarding the defendant's myasthenia gravis diagnosis, both of which were supported by evidenc
• Waymon TK Milledge Swilley, III v. State
  Fla. 2d DCA· 2020-05-06
  The appellate court reversed a murder conviction because the trial court improperly excluded evidence crucial to the defendant's self-defense claim. The excluded evidence included a toxicology report showing the victim's blood-alcohol content and testimony about a knife found on
• Young v. State
  Fla. 1st DCA· 2020-04-03
  The appellate court affirmed a defendant's convictions for child 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 probative value of the hearsay was not o
• Young v. State
  Fla. 1st DCA· 2020-04-03
  The appellate court affirmed convictions for child 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 probative value of the hearsay was not outweighed by u
• Young v. State
  Fla. 1st DCA· 2020-04-03
  The appellate court affirmed a defendant's convictions for child 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 was not unfairly prejudicial.
• Johnson v. State
  Fla. 1st DCA· 2020-03-12
  The appellate court affirmed the conviction of second-degree murder and possession of a firearm by a felon. The appellant argued that the trial court erred in several rulings, including admitting evidence, denying a motion for acquittal, jury instructions, and prosecutorial misco
• Jackson v. State
  Fla. 1st DCA· 2020-01-29
  The trial court did not abuse its discretion in excluding evidence that the victim purchased heroin from another source, and Jackson's conviction for first-degree murder by drug distribution was properly supported by competent, substantial evidence that he distributed heroin to t
• Washington v. State
  Fla. 1st DCA· 2019-10-21
  The trial court did not abuse its discretion in excluding defense witness testimony about the victim's prior sexual knowledge and conduct from three to four years before the incident, as the evidence was remote in time and irrelevant to the current charge. Any error in exclusion
• Green Tree Servicing, LLC v. Jill-Capri Simms
  274 So. 3d 1187· Fla. 5th DCA· 2019-06-14
  The appellate court reversed a trial court's involuntary dismissal of a foreclosure action, finding that the trial court abused its discretion by excluding crucial business records. These records, if admitted, would have shown that the payment intended to cure the default was mad
• The Florida Bar v. Bosecker
  Fla.· 2018-09-27
  A suspended attorney who continues to practice law by providing legal services to clients, fails to timely notify clients and courts of suspension, engages in direct client contact, and makes misrepresentations to the court regarding compliance with suspension requirements is sub
• Medina v. State
  254 So. 3d 1148· Fla. 4th DCA· 2018-09-05
  An erroneous Stand Your Ground jury instruction does not constitute fundamental error where the defendant was not engaged in unlawful activity and was in a place where he had a right to be, and admissions of intentionally lying to police and doctors are admissible to show conscio
• Sacks v. The Bank of N.Y. Mellon
  Fla. 4th DCA· 2018-08-22
  An affidavit supporting summary judgment in foreclosure must establish trustworthiness when business records incorporate a predecessor servicer's payment history by demonstrating either verification of accuracy or a business relationship ensuring reliability; a bare recitation of
• Joseph v. State
  Fla. 4th DCA· 2018-04-25
  The forfeiture-by-wrongdoing exception to the hearsay rule requires proof that the defendant intentionally caused or intentionally acquiesced in wrongfully causing the witness's unavailability, and the state failed to meet this burden where the evidence showed only that the co-de
• Williams v. State
  244 So. 3d 318· Fla. 4th DCA· 2018-04-25
  In a Jimmy Ryce civil commitment proceeding, the trial court abused its discretion by admitting hearsay evidence of three prior incidents that lacked indicia of reliability: two cases where the State filed no charges and one where the defendant was acquitted of the sexual charge.
• Tower Hill Signature Ins. v. Speck
  199 So. 3d 350· Fla. 5th DCA· 2016-08-12
  Tower Hill Signature Insurance appeals a jury verdict awarding homeowners $164,080 for sinkhole damage, arguing the trial court abused its discretion by excluding evidence that the homeowners received $260,000 from a prior insurer for the same property but spent only $15,000 on r
• In & for New Castle Cnty. Stanford Fowler v. C. A. No. 14A-01-001 MJB
  Del. Super. Ct.· 2015-01-28
  The Superior Court affirmed the Industrial Accident Board's (IAB) decision denying compensation to the appellant. The court found that the IAB did not abuse its discretion in admitting video evidence from an unlicensed investigator, as it was authenticated by the appellant and di
• Goldtrap v. State
  115 So. 3d 1025· Fla. 1st DCA· 2013-05-23
  The court held that prior consistent statements made by the victim after a motive to fabricate arose were inadmissible hearsay and their admission was not harmless error.
• N.M. and M.M. v. Dep't of Child. & Families
  103 So. 3d 1005· Fla. 3d DCA· 2012-12-19
  The court held that the trial judge's evidentiary rulings did not constitute reversible error, and affirmed the termination of parental rights.
• Flannigan v. State
  86 So. 3d 1156· Fla. 4th DCA· 2012-04-25
  Derrick Flannigan appeals his conviction for robbery with a deadly weapon, challenging the trial court's decision to require him to display a tattoo for identification purposes and the admission of his post-arrest statements about a dispute that motivated the crime. The appellate
• Maldonado v. State
  64 So. 3d 166· Fla. 4th DCA· 2011-06-29
  David Maldonado appeals his conviction and life sentence as a habitual felony offender for attempted first-degree murder and attempted robbery of a deputy sheriff. The Fourth District Court of Appeal affirms, finding that evidence including the defendant's recorded statement, sei
• McCone v. Grove
  9th Cir. Ct. App. Div.· 2009-04-04
  Henry McCone appealed a trial court's final judgment for removal from rental premises in favor of The Grove at Orlando Holdings, LLC for nonpayment of rent. The appellate court affirmed the trial court's judgment, rejecting McCone's challenges to the three-day notice, his uninhab
• Hicklin
  Del.· 2009-03-27
  The Delaware Supreme Court held that a trial court's application of a "50% of adjudicated value" rule as the sole determinant of commercial reasonableness for a sale of repossessed collateral was an erroneous application of the UCC standard. The Court further held that a secured
• Mooney v. State
  898 So. 2d 1030· Fla. 1st DCA· 2005-03-11
  The court held that the trial court abused its discretion by admitting evidence of prior DUI convictions when the defense did not open the door.
• Walton
  Del.· 2003-04-25
  The Court held that the evidence presented was insufficient to prove beyond a reasonable doubt that the defendant "displayed what appears to be a deadly weapon" for the purposes of a first-degree robbery conviction. The Court also affirmed the trial court's exclusion of a hearsay
• The Univ. OF Miami, Inc. v. Spunberg
  784 So. 2d 541· Fla. 4th DCA· 2001-05-09
  The Florida Fourth District Court of Appeal reversed a jury verdict awarding over $22 million in damages to two physicians whose medical staff privileges were terminated by a hospital and university, finding that the trial court abused its discretion by excluding evidence that wo
• Knight v. State
  756 So. 2d 1035· Fla. 4th DCA· 2000-03-29
  John Knight was convicted of DUI manslaughter and leaving the scene of an accident, but the Florida District Court of Appeal reversed and remanded for a new trial because the trial court improperly admitted evidence of his prior DUI conviction. The court found that Knight's hones
• United States v. Elwood
  999 F.2d 814· 5th Cir.· 1993-08-23
  The court affirmed the defendant's convictions but vacated his sentences and remanded for resentencing because the upward adjustment for a leadership role was not supported by sufficient reliable evidence.
• Mawby v. United States
  999 F.2d 1252· 8th Cir.· 1993-07-26
  The court held that while admitting surprise evidence without bad faith was not an abuse of discretion, denying the appellant an opportunity to rebut that evidence was an abuse of discretion.
• United States v. Jacinto Garcia-Orozco
  997 F.2d 1302· 9th Cir.· 1993-07-12
  The erroneous admission of prior arrest and conviction evidence was not harmless and prejudiced the defendant, requiring reversal.
• United States v. HAM
  998 F.2d 1247· 4th Cir.· 1993-07-01
  The court held that the admission of highly prejudicial evidence of child molestation, homosexuality, and abuse of women substantially outweighed its probative value and warranted vacating the convictions of Swami and Sheldon. The court also held that the evidence was insufficien
• United States v. Carty
  993 F.2d 1005· 1st Cir.· 1993-05-28
  The court held that the district court did not err in denying the motion to suppress evidence seized under a warrant, nor in restricting cross-examination, nor in admitting 'other act' evidence at trial.
• United States v. Easley
  994 F.2d 1241· 7th Cir.· 1993-05-21
  The court held that the prosecutor's comment likening the defendant's defense to 'plea bargaining' with the jury, while potentially improper, did not prejudice the defendant's right to a fair trial, especially given the court's curative instruction. The court also held that the e
• MAY v. Ark. Forestry Comm'n
  993 F.2d 632· 8th Cir.· 1993-05-14
  The court held that the Tenth Amendment does not bar the FLSA's application to state employees and that the exclusion of a DOL stipulation was not an abuse of discretion.
• Losacco v. F.D. Rich Constr. Co., Inc.
  992 F.2d 382· 1st Cir.· 1993-05-10
  The court held that the district court did not err in its jury instructions on 'just cause' or in its evidentiary rulings, and affirmed the judgment.
• First Officers Arthur N. Rogers and Michael J. Baker v. AIR Line Pilots Ass'n
  988 F.2d 607· 5th Cir.· 1993-04-20
  The court held that the district court had jurisdiction over the duty of fair representation claim, that the Greenbaum Award was inconsistent with the Morris Award, and that attorney's fees were not recoverable.
• Silman Custom Painting, Inc. v. AETNA Life & Cas. Co.
  990 F.2d 1063· 8th Cir.· 1993-04-13
  The court held that Aetna, having paid the mortgagee after denying coverage, was not entitled to a credit against the insureds' judgment but was entitled to enforce the assigned notes and mortgages. The court also held that the admission of expert testimony from a fire chief, des
• Durant v. Indep. Sch. Dist. NO. 16 of Leflore Cnty.
  990 F.2d 560· 10th Cir.· 1993-04-05
  The court held that Ms. Durant's due process claim was extinguished by a prior ruling, but affirmed the jury's verdict on her First Amendment claim. The court remanded for reconsideration of attorney's fees.
• United States v. Edward Langford, M.D.
  990 F.2d 65· 2d Cir.· 1993-04-05
  A juror's intentional nondisclosure during voir dire does not automatically entitle a defendant to a new trial; the defendant must still show that a truthful answer would have provided a valid basis for a challenge for cause and that the nondisclosure affected impartiality.
• United States v. Marx
  991 F.2d 1369· 8th Cir.· 1993-03-18
  The court affirmed the conviction and sentence, finding sufficient evidence for the charges and no errors in jury instructions, evidence rulings, sentencing enhancements, or responses to jury questions.
• United States v. Alvarado
  985 F.2d 15· 1st Cir.· 1993-02-04
  The court affirmed the conviction and sentence, finding sufficient evidence for the charges, no abuse of discretion in evidentiary rulings, no prejudice from nondisclosure of polygraph results, no impermissible variance, and no clear error in the sentencing enhancement.