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645 F.2d 1269·
8th Cir.·
1981-02-09
·cited 56×
The court held that the district court did not err in its application of the Speedy Trial Act, its rulings on the insanity defense and expert witness qualifications, or its jury instructions. However, the court vacated the sentence imposed on count I due to a potential due proces
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369 F.2d 842·
5th Cir.·
1966-12-09
·cited 33×
The court held that diversity jurisdiction was proper and the exclusion of expert testimony was not an abuse of discretion.
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688 So. 2d 383·
Fla. 4th DCA·
1997-02-05
·cited 21×
Paulo McBean was convicted of third-degree murder but the Fourth District Court of Appeal reversed and remanded for a new trial due to two evidentiary errors: improper exclusion of impeachment evidence regarding a witness's material omissions from her initial police statement, an
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945 F.2d 1378·
7th Cir.·
1991-10-15
·cited 17×
The court affirmed the conviction, holding that the trial court did not abuse its discretion in excluding the defendant's proffered expert testimony regarding tape alteration and in admitting the government's authenticated tape recording, and that sentencing enhancements were pro
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910 F.2d 1252·
5th Cir.·
1990-09-07
·cited 17×
The court held that the trial court did not abuse its discretion in admitting expert testimony, that sufficient evidence supported the jury's liability verdict, and that the defendant was not entitled to an offset for a prior settlement. However, a portion of the damages awarded
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687 F.2d 246·
8th Cir.·
1982-08-26
·cited 16×
The court held that the plaintiff failed to prove causation between the government's alleged negligence and his mental condition, affirming the district court's judgment.
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451 F.2d 998·
10th Cir.·
1971-12-06
·cited 12×
The court held that the trial court did not abuse its discretion in limiting rebuttal expert testimony and properly instructed the jury on sudden emergency and unavoidable accident.
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943 F.2d 428·
4th Cir.·
1991-08-19
·cited 11×
The court held that the district court did not err in excluding expert testimony on the meaning of 'owner-occupant' as it was within common knowledge, and any error regarding 'this transaction' was harmless. Venue was proper, and the Sentencing Guidelines applied to the conspirac
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14 So. 3d 1166·
Fla. 4th DCA·
2009-06-17
·cited 10×
Scott Wynkoop was convicted of manslaughter by culpable negligence in the death of his nine-year-old stepdaughter after his vehicle was struck by a train at a railroad crossing. The Fourth District reversed his conviction, finding the trial court erred by excluding expert testimo
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928 F.2d 335·
10th Cir.·
1991-03-12
·cited 10×
The court held that the district court did not abuse its discretion in admitting expert testimony and that a directed verdict for third-party defendants was proper due to insufficient evidence.
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900 F.2d 192·
9th Cir.·
1990-04-03
·cited 9×
The court held that the failure to give a specific jury instruction on good faith reliance on expert advice is not reversible error in a tax fraud case if the court adequately instructs the jury on specific intent.
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824 So. 2d 948·
Fla. 1st DCA·
2002-07-31
·cited 8×
Cornelius Melton appealed his conviction for possession of cocaine with intent to sell while armed, challenging the denial of his motion for judgment of acquittal and the admission of expert testimony regarding typical drug possession amounts. The First District Court of Appeal a
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687 F.2d 153·
8th Cir.·
1982-09-13
·cited 8×
The court affirmed the district court's judgment, finding no error in its refusal to instruct on indemnity or contribution, and that any error in failing to submit a breach-of-warranty claim was not prejudicial. The court also affirmed the exclusion of expert testimony.
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420 So. 2d 936·
Fla. 3d DCA·
1982-10-26
·cited 6×
In a condemnation case, the appellate court reversed the trial court's exclusion of the property owners' expert real estate appraiser's testimony. The court held that the trial court abused its discretion in disqualifying the expert despite his substantial qualifications and prep
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878 F.2d 791·
4th Cir.·
1989-06-30
·cited 4×
The court held that the jury's finding of a requirements contract was supported by evidence and that credit terms are part of the price under the Robinson-Patman Act.
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847 F.2d 1305·
8th Cir.·
1988-06-08
·cited 4×
The court held that any errors in jury instructions or evidence admission were not so egregious as to warrant a new trial, given the instructions as a whole and the jury's verdict.
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357 So. 3d 1240·
Fla. 1st DCA·
2023-02-15
·cited 3×
A life care planner's opinions regarding future medical treatments lack a proper factual basis when those treatments are not recommended by a treating physician or disclosed medical expert, even if the planner has medical credentials and examined the plaintiff. The trial court ab
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193 So. 3d 68·
Fla. 3d DCA·
2016-05-04
·cited 3×
Florida Laundry Services appealed a trial court judgment finding that Sage Condominium Association was excused from performing a lease agreement under the doctrine of impracticability. The appellate court affirmed the judgment and the award of attorney's fees to Sage, rejecting a
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295 So. 3d 314·
Fla. 1st DCA·
2020-04-09
·cited 1×
The appellate court affirmed in part and dismissed in part a former husband's appeal of a final judgment of dissolution of marriage. The court found that most of the husband's challenges were unpreserved for appeal, and one issue was dismissed as non-appealable.
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178 So. 3d 550·
Fla. 1st DCA·
2015-12-01
·cited 1×
In a personal injury case arising from a low-impact automobile collision, the First District Court of Appeal reversed the trial court's judgment, holding that the trial court abused its discretion by excluding the testimony of appellant's biomedical engineering expert that was re
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38 So. 3d 865·
Fla. 4th DCA·
2010-06-23
·cited 1×
A developer appeals a $2.2 million judgment for an architect's consulting fees on a failed real estate project. The court reverses, finding the trial court abused its discretion by admitting expert testimony on damages that lacked proper factual foundation, as the testimony was b
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Fla. 5th DCA·
2024-12-19
Biomechanical engineers may testify about accident forces and general types of injuries those forces may generate, but they lack medical training and cannot render opinions about the precise cause of a specific plaintiff's injury. The expert's testimony that the accident could no
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996 F.2d 94·
5th Cir.·
1993-07-13
The court held that the district court did not err in submitting a flight instruction, nor in admitting expert testimony, and that prosecutorial comments during closing arguments did not constitute misconduct or plain error.
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549 So. 2d 208·
Fla. 2d DCA·
1989-08-18
Thomas Jerome Quinn appeals his DUI manslaughter conviction after being struck by the trial court's refusal to allow a defense expert witness to testify about blood-alcohol analysis using different testing methods. The court reversed, finding that the trial judge abused its discr
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857 F.2d 671·
9th Cir.·
1988-09-20
The court held that the jury instructions did not constitute plain error and the exclusion of expert testimony was not reversible error.