Bad Character Evidence

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

• Johnston v. State
  863 So. 2d 271· Fla.· 2003-10-16 ·cited 259×
  Ray Lamar Johnston appeals his conviction for the first-degree murder of Janice Nugent and his death sentence. The Florida Supreme Court affirmed both the conviction and sentence, finding sufficient circumstantial evidence of guilt, proper admission of "Dwight" statements and Wil
• Ferguson v. State
  417 So. 2d 639· Fla.· 1982-07-15 ·cited 229×
  John Errol Ferguson was convicted of six counts of first-degree murder, two counts of attempted murder, and three counts of robbery with a firearm arising from a 1977 home invasion and execution-style killings in Carol City, Florida. The Florida Supreme Court affirmed the convict
• Lancelot Armstrong v. State
  642 So. 2d 730· Fla.· 1994-08-11 ·cited 227×
  Lancelot Armstrong was convicted of robbery, attempted first-degree murder, and first-degree murder in connection with a restaurant robbery that resulted in the fatal shooting of a deputy sheriff. The Florida Supreme Court affirmed his convictions and death sentence, rejecting 24
• Drake v. State
  400 So. 2d 1217· Fla.· 1981-05-21 ·cited 205×
  The court held that the erroneous admission of similar facts evidence, used to prove identity and motive, required reversal of the first-degree murder conviction.
• Peek v. State
  488 So. 2d 52· Fla.· 1986-04-17 ·cited 122×
  Anthony Ray Peek appeals his conviction and death sentence for first-degree murder, sexual battery, and unauthorized use of a motor vehicle from his retrial. The Florida Supreme Court reverses and remands for a new trial, holding that evidence of Peek's subsequent rape of a diffe
• Butler v. State
  842 So. 2d 817· Fla.· 2003-04-03 ·cited 101×
  Harry Butler was convicted of first-degree murder in the stabbing and asphyxiation death of his former girlfriend Leslie Fleming and sentenced to death. The Florida Supreme Court affirmed his conviction and death sentence, rejecting claims regarding the admission of prior domesti
• Johnson v. State
  608 So. 2d 4· Fla.· 1992-10-01 ·cited 97×
  Paul Johnson appeals his convictions for three counts of first-degree murder and death sentences. The Florida Supreme Court affirms his convictions and sentences, finding the evidence competent and substantial, proper jury selection procedures, and appropriate consideration of ag
• Gosciminski v. State
  132 So. 3d 678· Fla.· 2013-09-12 ·cited 71×
  Andrew Gosciminski was convicted of first-degree murder, robbery, and burglary in the stabbing and bludgeoning death of Joan Loughman during a home invasion. The Florida Supreme Court affirmed his conviction and death sentence, finding no reversible error despite challenges to ev
• United States v. Pirovolos
  844 F.2d 415· 7th Cir.· 1988-04-06 ·cited 70×
  The court held that while admitting evidence of prior convictions was an error, it was harmless given the overwhelming evidence. Cross-examination on other gun incidents at the restaurant was permissible.
• Hodges v. State
  403 So. 2d 1375· Fla. 5th DCA· 1981-09-30 ·cited 29×
  In a sexual battery case where consent was the central issue, the Florida appellate court reversed the defendant's conviction because the trial court improperly admitted similar fact evidence of a prior sexual encounter to show the defendant's propensity to use force. The court h
• United States v. Currier
  836 F.2d 11· 1st Cir.· 1987-12-10 ·cited 28×
  The court held that the documents presented did not trigger the Interstate Agreement on Detainers Act and that the tape recording was admissible under Federal Rule of Evidence 403.
• United States v. Frankenberry
  387 F.2d 337· 2d Cir.· 1967-12-18 ·cited 18×
  The court held that the trial judge properly excluded evidence of threats as irrelevant to the defendant's intent to flee and that the prosecutor's summation, while improper, was not prejudicial error given the judge's curative instruction.
• Billie v. State
  863 So. 2d 323· Fla. 3d DCA· 2003-07-30 ·cited 15×
  Kirk Douglas Billie, a Miccosukee Indian, was convicted of two counts of Second Degree Murder for driving a vehicle containing his two sleeping children into a canal. The appellate court reversed and remanded for a new trial, finding that the trial court improperly admitted Willi
• Fike v. State
  4 So. 3d 734· Fla. 5th DCA· 2009-02-27 ·cited 14×
  Kyle Fike was convicted of sexual battery and lewd molestation of his 11-year-old daughter based primarily on her testimony. The Florida appellate court reversed and remanded for a new trial, finding that the trial court erroneously admitted prior bad acts evidence (testimony fro
• United States v. Larson
  526 F.2d 256· 5th Cir.· 1976-01-22 ·cited 14×
  The court held that the admission of certain testimony and the denial of severance motions were not erroneous, affirming the convictions.
• Bridgette Johnson v. State
  991 So. 2d 962· Fla. 4th DCA· 2008-09-17 ·cited 13×
  Johnson was convicted of exploiting an elderly person with dementia by obtaining a $61,052.18 cashier's check from the victim's closed certificate of deposit. The Fourth District reversed and remanded for a new trial, holding that evidence of the victim's Will naming Johnson as b
• Lesko v. Owens
  881 F.2d 44· 3d Cir.· 1989-07-27 ·cited 10×
  The court held that the admission of gruesome details of a prior murder was unduly prejudicial and violated the defendant's right to a fair trial. Additionally, the court found that a potential plea agreement violation raised serious due process concerns.
• RAO v. State
  52 So. 3d 40· Fla. 4th DCA· 2010-12-15 ·cited 9×
  Brendan Rao appeals his first-degree murder conviction, challenging the admission of evidence regarding satanic worship and gruesome photographs, and claiming prosecutorial misconduct through comments on his right to silence. The Fourth District Court of Appeal affirmed the convi
• Maddry v. State
  585 So. 2d 359· Fla. 1st DCA· 1991-08-08 ·cited 9×
  Maddry challenges his conviction for sexual battery of his 13-year-old daughter, arguing the trial court abused its discretion in admitting Williams rule testimony about sexual conduct with another daughter. The appellate court affirms, finding that Maddry failed to preserve the
• Insko v. State
  884 So. 2d 312· Fla. 2d DCA· 2004-08-27 ·cited 8×
  Russell Insko was convicted by jury of lewd and lascivious conduct for soliciting a minor. On appeal, the court reversed and remanded for a new trial, holding that while Williams rule evidence about a prior similar incident was admissible under the relaxed standard for child mole
• Maddox v. Dep't of Prof'l Reg.
  592 So. 2d 717· Fla. 1st DCA· 1991-12-23 ·cited 8×
  Joseph Maddox appeals the suspension of his chiropractic license for alleged sexual misconduct and unprofessional conduct with patients. The court vacates and remands for reconsideration of three counts due to internal inconsistencies in findings and improperly admitted testimony
• Mall Motel Corp. v. Wayside Rests., Inc.
  377 So. 2d 41· Fla. 3d DCA· 1979-11-27 ·cited 8×
  Mall Motel Corp. appeals a jury verdict for conversion brought by Wayside Restaurants and others. The appellate court reversed and remanded for a new trial, holding that the trial court improperly excluded defense witnesses who were prepared to testify about the plaintiff's bad r
• LOT v. State
  13 So. 3d 1121· Fla. 3d DCA· 2009-07-22 ·cited 7×
  Mario Lot appeals his grand theft conviction for fraudulently obtaining over $100,000 from his stepson Cole Mayer using blank checks. The Florida Third District Court of Appeal affirmed the conviction, rejecting arguments that the trial court abused its discretion in limiting cro
• Ingram v. State
  943 So. 2d 325· Fla. 4th DCA· 2006-12-13 ·cited 6×
  The court affirmed the conviction but reversed the sentence for one count, remanding for resentencing.
• Pate v. State
  529 So. 2d 328· Fla. 2d DCA· 1988-07-29 ·cited 6×
  Stephen Pate was convicted of sexual battery and kidnapping. The Second District Court of Appeal reversed and remanded for a new trial, finding that the trial court committed reversible error by allowing the state to cross-examine the defendant about collateral matters including
• Waters v. State
  369 So. 2d 979· Fla. 3d DCA· 1979-03-27 ·cited 6×
  Howard Waters was convicted by jury of robbery, firearm possession, and attempted first-degree murder. The Florida appellate court reversed the conviction, finding that the prosecution violated reciprocal discovery rules by failing to disclose that a key witness had changed her t
• Clingan v. State
  317 So. 2d 863· Fla. 2d DCA· 1975-08-20 ·cited 4×
  The court held that evidence of a prior collateral homosexual offense was inadmissible because it was not relevant to any material fact in issue and served only to show the defendant's bad character.
• Jerrold Stewart v. State
  147 So. 3d 119· Fla. 1st DCA· 2014-08-22 ·cited 2×
  Jerrold Stewart was convicted of sexual battery against his biological daughter (A.S.) while in a position of familial authority. On appeal, he challenged the trial court's admission of Williams rule evidence regarding prior acts of molestation against two other underage females
• Reyes v. State
  976 So. 2d 1169· Fla. 1st DCA· 2008-03-18 ·cited 2×
  The trial court abused its discretion in admitting evidence of appellant's sexual conduct with prostitutes in foreign countries because such evidence was irrelevant to the aggravated assault charge and highly prejudicial, and the State failed to prove the error was harmless beyon
• Williams v. State
  749 So. 2d 587· Fla. 5th DCA· 2000-01-28 ·cited 2×
  The court held that disclosing the nature of prior convictions to the jury, even after a stipulation to felon status, is not harmless error and requires reversal.
• Picoriello v. State
  727 So. 2d 339· Fla. 4th DCA· 1999-02-17 ·cited 2×
  Errors, if any, regarding the admission of bad character and hearsay evidence were not prejudicial to the appellant's conviction.
• In the Interest of J.R.
  577 So. 2d 674· Fla. 4th DCA· 1991-04-03 ·cited 2×
  Florida appellate court reversed a juvenile delinquency conviction for attempted sexual battery because the trial court admitted prejudicial collateral crime evidence (threatening phone calls) without showing the defendant's participation or knowledge, violating the rule against
• Allen v. State
  261 So. 3d 1255· Fla.· 2019-01-07 ·cited 1×
  The Florida Supreme Court affirmed the denial of Margaret Allen's motion for postconviction relief. Allen, who was sentenced to death for murder and kidnapping, argued that her trial counsel was ineffective for various reasons, including failing to object to prosecutorial miscond
• Lanier v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2023-03-28
  Michael Glenn was in the trial on trial-related murder trial, the prosecutor obtained Lanier's sworn testimony claiming he never discussed Glenn's case with Glenn, when the prosecutor then impeached him with a recorded jail call showing such a discussion. Lanier was convicted of
• Cruz-Cedeno v. State
  Fla. 1st DCA· 2020-04-21
  The appellate court affirmed a defendant's convictions for armed robbery and shooting a firearm, holding that the trial court did not err by admitting testimony from a special deputy U.S. marshal about his task force's focus on violent offenders. The court found this testimony wa
• Jackson Denis v. State
  994 So. 2d 1152· Fla. 3d DCA· 2008-07-16
  Jackson Denis appeals his convictions for attempted first-degree murder with a firearm, armed burglary, and armed false imprisonment. The primary issue on appeal concerns whether the trial court improperly limited cross-examination of the victim regarding his background as a drug
• Glancy v. State
  941 So. 2d 1201· Fla. 2d DCA· 2006-11-15
  Wendell Lee Glancy appeals the denial of his postconviction relief motion after being convicted of burglary with battery. The appellate court found that his trial counsel provided deficient performance by eliciting damaging character evidence during cross-examination without atte
• Jenkins v. State
  697 So. 2d 228· Fla. 4th DCA· 1997-07-30
  Paul Wesley Jenkins was convicted of first-degree murder after a jury trial. The appellate court affirmed his conviction, holding that testimony about Jenkins' threat to an eyewitness was properly admitted as evidence of consciousness of guilt and to rebut his self-defense claim,
• Gallegos v. State
  695 So. 2d 1273· Fla. 5th DCA· 1997-06-20
  Keith Gallegos was convicted of sexual activity with a child while in a position of familial authority as the victim's stepfather. On appeal, he challenged his counsel's ineffectiveness for failing to object to certain evidence and jury instructions, but the court found no error