Admissibility Of Character Evidence

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

• United States v. Bermudez
  526 F.2d 89· 2d Cir.· 1975-11-06 ·cited 142×
  The court held that an indictment for conspiracy under 21 U.S.C. § 846 does not require an overt act, and that post-conspiracy evidence, evidence of prior offenses for impeachment, and expert testimony on drug identification are admissible under certain circumstances.
• United States v. Davis
  546 F.2d 583· 5th Cir.· 1977-01-26 ·cited 110×
  The court held that the jury selection process, despite minor deviations regarding public access and delegation to the GSA, did not constitute a substantial failure to comply with the Jury Selection and Service Act, and that the exclusion of prison records and certain prosecutori
• Buck Clinton and Edward Clinton v. State
  53 Fla. 98· Fla.· 1907-01-01 ·cited 110×
  Buck Clinton and Edward Clinton were convicted of arson and accessory to arson respectively in a 1906 criminal trial. The Florida Supreme Court reversed their convictions due to multiple evidentiary errors and prosecutorial misconduct, including improper cross-examination, admiss
• United States v. Benedetto
  571 F.2d 1246· 2d Cir.· 1978-02-24 ·cited 91×
  The court held that while the admission of prior similar act evidence might have been error, it was permissible as rebuttal after the defendant opened the door, and any error was harmless due to overwhelming evidence.
• United States v. Earnest Jackson, Jr.
  588 F.2d 1046· 5th Cir.· 1979-02-02 ·cited 82×
  The court held that non-electronic eavesdropping from an adjacent motel room does not violate the Fourth Amendment, but reversed the possession conviction due to insufficient evidence.
• Whitted v. State
  362 So. 2d 668· Fla.· 1978-09-07 ·cited 61×
  Michael Whitted was convicted of prostitution under Florida law for engaging in sexual intercourse with a 15-year-old girl. The Florida Supreme Court reversed his conviction, holding that evidence of the victim's prior sexual activities with another person was irrelevant and high
• Hendricks v. State
  34 So. 3d 819· Fla. 1st DCA· 2010-05-26 ·cited 46×
  Ronald Hendricks was convicted of battery and two counts of sexual battery on a child. On appeal, he challenged the exclusion of character evidence regarding his reputation for sexual morality and the trial court's handling of the jury's request to review trial testimony. The app
• United States v. Burke
  781 F.2d 1234· 7th Cir.· 1985-12-11 ·cited 44×
  The court held that a "standing alone" jury instruction, which suggests character evidence alone may create reasonable doubt, is misleading and should not be given. Prior precedent to the contrary is overruled.
• Reyes v. Mo. Pac. R.R. Co.
  589 F.2d 791· 5th Cir.· 1979-02-14 ·cited 44×
  The court held that prior misdemeanor convictions for public intoxication were inadmissible character evidence under Rule 404(a) and not admissible habit evidence under Rule 406.
• United States v. Roland
  449 F.2d 1281· 5th Cir.· 1971-10-27 ·cited 42×
  The court held that a potentially prejudicial remark by an agent was harmless error given the overwhelming evidence of guilt.
• Whaley v. State
  157 Fla. 593· Fla.· 1946-06-11 ·cited 41×
  William Tammie Whaley was convicted of manslaughter (rather than murder) in the death of his ex-wife Nell Whaley after he beat her and she jumped from a moving car. The Florida Supreme Court affirmed the conviction, holding that a person who causes another to jump from a moving c
• Harris v. United States
  412 F.2d 384· 9th Cir.· 1969-06-10 ·cited 40×
  The court held that the appellant's conviction for refusing induction was valid, rejecting all grounds for appeal.
• Huff v. State
  437 So. 2d 1087· Fla.· 1983-09-01 ·cited 39×
  James Roger Huff was convicted of murdering his parents and sentenced to death. The Florida Supreme Court reversed the convictions due to prosecutorial misconduct during closing argument, where the state attorney implied Huff had forged his father's signature despite introducing
• Palm v. State
  135 Fla. 258· Fla.· 1938-12-02 ·cited 39×
  The Florida Supreme Court affirmed Leroy Palm's murder conviction, holding that while a defendant in a self-defense case may testify about specific acts of violence by the deceased that he knew about, the trial court did not err in sustaining an objection to an overly vague and i
• United States v. Delbert Null
  415 F.2d 1178· 4th Cir.· 1969-09-23 ·cited 37×
  The court held that the prosecutor's cross-examination of character witnesses regarding the impact of charges on reputation was permissible, and that the jury properly considered the materiality of omitted tax items.
• Hawley v. United States
  133 F.2d 966· 10th Cir.· 1943-02-03 ·cited 36×
  The court held that the jury instructions regarding the charges, the government's theory, and the defendants' theory were fair and accurate, and that no reversible error was committed regarding the admissibility of evidence or character testimony.
• Wyatt v. State
  641 So. 2d 355· Fla.· 1994-05-05 ·cited 30×
  Thomas Wyatt was convicted of first-degree murder and sentenced to death for the May 1988 killing of Cathy Nydegger during a crime spree in Florida. The Florida Supreme Court affirmed the conviction and death sentence, though it found two of the aggravating factors were unsupport
• United States v. Burks
  470 F.2d 432· D.C. Cir.· 1972-10-19 ·cited 30×
  The court held that the trial court committed prejudicial error by refusing to admit evidence of the deceased's violent character, both through his wife's testimony and a prior conviction for child cruelty, which was vital to the defendant's self-defense claim.
• Edwards v. The United States
  374 F.2d 24· 10th Cir.· 1966-12-05 ·cited 30×
  The court held that the restriction on amplifying character evidence questions did not prejudice the defendant, and the failure to record a side-bar conference was not reversible error. The judgment is affirmed.
• Sanseverino v. United States
  321 F.2d 714· 10th Cir.· 1963-08-22 ·cited 30×
  The court held that the statute of limitations was tolled, prior transactions were admissible to show intent, summary exhibits were permissible, character witness testimony was properly limited, and jury instructions were adequate.
• Alford v. The Barnett Nat'l Bank of Jacksonville
  137 Fla. 564· Fla.· 1939-04-11 ·cited 30×
  Eleanor B. Alford brought suit against Barnett National Bank for conversion of a non-negotiable promissory note from Avondale Company that she had pledged as security. The central dispute was whether she consented to Charles A. Brown, Jr. (the payee) retrieving the note from her
• Hawthorne v. State
  377 So. 2d 780· Fla. 1st DCA· 1979-12-07 ·cited 28×
  Joyce Hawthorne was convicted of first-degree murder in the shooting death of her husband. The Florida First District Court of Appeal reversed her conviction and remanded for a new trial based on multiple constitutional and evidentiary errors, primarily the improper admission of
• Rivera v. State
  995 So. 2d 191· Fla.· 2008-06-12 ·cited 26×
  Michael Rivera, a death row inmate, appealed the trial court's summary denial of his successive motion for postconviction relief. The Florida Supreme Court affirmed the dismissal of Rivera's judicial bias claims but remanded for evidentiary hearings on his Brady/Giglio claims reg
• United States v. Ovidio Camejo
  929 F.2d 610· 11th Cir.· 1991-04-22 ·cited 26×
  The court held that the trial court did not err in excluding evidence of prior good conduct offered to negate intent, that the evidence was sufficient to support the convictions, and that various procedural and evidentiary rulings were not grounds for reversal.
• Hodge v. State
  315 So. 2d 507· Fla. 1st DCA· 1975-06-30 ·cited 26×
  Homer Hodge was convicted of manslaughter after being tried for first-degree murder in connection with a fatal shooting at a bar. The appellate court reversed and remanded for acquittal, finding the State's evidence insufficient to prove guilt beyond a reasonable doubt because th
• Cole v. State
  193 So. 2d 47· Fla. 1st DCA· 1966-12-08 ·cited 26×
  Cole was convicted of manslaughter for shooting James Calhoun in a bar after Calhoun slapped him. The appellate court reversed because the trial court improperly excluded evidence of the deceased's violent character—evidence that would explain the deceased's threatening conduct a
• United States v. Murzyn
  631 F.2d 525· 7th Cir.· 1980-10-03 ·cited 24×
  The court held that the introduction of prior misconduct evidence was permissible to rebut defenses of coercion and entrapment, and that other alleged errors did not constitute reversible error.
• Roten v. State
  31 Fla. 514· Fla.· 1893-01-01 ·cited 24×
  Caleb Roten and Richard Thompson were convicted of murder in the first degree for the shooting death of Rudolph W. Raymond during the execution of an arrest warrant. The Florida Supreme Court reversed and remanded for a new trial due to multiple evidentiary errors, including impr
• United States v. Hewitt
  634 F.2d 277· 5th Cir.· 1981-01-15 ·cited 23×
  The court held that the trial court erred in refusing to allow the defendant to present evidence of his character as a law-abiding citizen, even though he did not testify.
• United States v. van Dorn
  925 F.2d 1331· 11th Cir.· 1991-03-11 ·cited 22×
  The court held that the district court did not abuse its discretion in restricting cross-examination of a government witness regarding his prior drug prosecution and alleged threats, nor in admitting testimony about a defendant's affiliation with the Gambino crime family and expe
• Burk v. State
  497 So. 2d 731· Fla. 2d DCA· 1986-11-14 ·cited 21×
  The trial court erred in refusing to allow the defendant to testify about the victim's reputation for violence when self-defense was claimed, and the state's subsequent offer to reopen the case did not cure the error.
• Ray v. State
  159 Fla. 101· Fla.· 1947-06-17 ·cited 21×
  James F. Ray was convicted of sexually assaulting a nine-year-old girl in Fort Walton, Florida, and sentenced to five years in prison. The Florida Supreme Court affirmed the conviction, holding that the victim's identification was sufficiently reliable and that evidence of Ray's
• Arias v. State
  593 So. 2d 260· Fla. 3d DCA· 1992-01-14 ·cited 19×
  Jean Arias was convicted of attempted first-degree murder and solicitation to commit murder for allegedly plotting to kill an infant with severe birth defects by administering a lethal overdose of pain medication. The Florida District Court of Appeal reversed the attempted murder
• Dixon v. State
  426 So. 2d 1258· Fla. 2d DCA· 1983-02-11 ·cited 19×
  Robert Lee Dixon was convicted of first-degree murder and attempted robbery, but the Florida District Court of Appeal reversed due to significant trial errors, including the improper admission of evidence regarding the defendant's prior arrests and hearsay testimony that may have
• United States v. Schwartz
  790 F.2d 1059· 3d Cir.· 1986-05-21 ·cited 18×
  The court held that the admission of evidence of other crimes, wrongs, or acts was an abuse of discretion, as its probative value was substantially outweighed by the danger of unfair prejudice, requiring reversal.
• United States v. Augello
  452 F.2d 1135· 2d Cir.· 1971-12-17 ·cited 18×
  The court affirmed the convictions, finding sufficient evidence to support the jury's verdict and that any errors, such as the admission of questionable reputation testimony or the delay in trial, were harmless.
• Creekmore v. Crossno
  259 F.2d 697· 10th Cir.· 1958-09-29 ·cited 18×
  The court held that the erroneous admission of character evidence before the witness testified was not prejudicial error because the witness ultimately testified and the error did not affect substantial rights.
• Hardin Benton v. United States
  233 F.2d 491· 4th Cir.· 1956-05-22 ·cited 18×
  The admission of evidence regarding the defendant's prior conviction and reputation was erroneous and prejudicial, requiring reversal.
• Doyall Tompkins v. State
  386 So. 2d 597· Fla. 5th DCA· 1980-08-06 ·cited 17×
  Doyall Tompkins was convicted of sexual battery committed while an inmate at a correctional facility and sentenced to thirty years. On appeal, he challenged various trial procedures including the appearance of state witnesses in prison clothing, voir dire questions about his inma
• Smith v. Hooligan's PUB & Oyster BAR, Ltd.
  753 So. 2d 596· Fla. 3d DCA· 2000-02-16 ·cited 16×
  The Smith family appealed a wrongful death judgment against a bar for negligent security after their son was killed in an altercation outside the establishment. The court reversed and remanded for a new trial, holding that the trial court improperly admitted character evidence re
• LA Reina Pharmacy, Inc. v. Lopez
  453 So. 2d 882· Fla. 3d DCA· 1984-08-07 ·cited 16×
  The Third District Court of Appeal affirmed a trial court's grant of a new trial in a slip-and-fall personal injury case, finding that defense counsel's improper questioning about the plaintiff's use of a derogatory term to describe unemployment office clients was inflammatory, i
• Hager v. State
  439 So. 2d 996· Fla. 4th DCA· 1983-10-26 ·cited 16×
  The court held that the trial court erred in refusing to allow the defendant to present evidence of the victim's reputation for violence and specific violent acts in support of a self-defense claim.
• Wrobel v. State
  410 So. 2d 950· Fla. 5th DCA· 1982-02-17 ·cited 16×
  Wrobel was convicted of trafficking in stolen property after the trial court granted the state's motion to prohibit him from testifying that he had never been convicted of a crime. The appellate court affirmed, holding that Florida law permits character evidence only through repu
• Kauz v. United States
  188 F.2d 9· 5th Cir.· 1951-04-05 ·cited 16×
  The court held that the evidence was sufficient to sustain the conviction for concealment, possession, and transportation of non-tax paid distilled spirits, and that the admission of evidence regarding the reputation of government witnesses was harmless error.
• Springer v. United States
  148 F.2d 411· 9th Cir.· 1945-03-21 ·cited 16×
• Malvin Kite v. State
  126 Fla. 77· Fla.· 1936-10-31 ·cited 15×
  The appellate court affirmed a conviction for assault with intent to rape, finding no reversible error in the trial court's rulings on witness examination and jury instructions. The court also confirmed that a defendant can be convicted of a lesser included offense like assault w
• Jacques v. State
  86 Fla. 137· Fla.· 1923-07-11 ·cited 14×
  The Florida Supreme Court affirmed a conviction for grand larceny, holding that the trial court did not abuse its discretion in denying the defendant's motion for a continuance. The court found that the proposed testimony regarding the defendant's character and the alleged victim
• Henderson v. State
  919 So. 2d 652· Fla. 1st DCA· 2006-01-26 ·cited 11×
  Henderson appealed the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, challenging the trial court's refusal to appoint counsel for his evidentiary hearing. The appellate court reversed as to claim three (ineffective assistance for f
• United States v. Jalbert
  504 F.2d 892· 1st Cir.· 1974-10-31 ·cited 10×
  The court held that the defendant's alcoholism did not preclude criminal intent and that the trial court did not err in its evidentiary rulings or in admitting summary charts.
• Herring v. State
  114 Fla. 156· Fla.· 1934-03-05 ·cited 9×
  Julius Herring was convicted of assault with intent to commit manslaughter after being charged with assault with intent to commit murder. The Florida Supreme Court reversed the conviction due to multiple evidentiary errors, particularly the improper exclusion of character evidenc