Character Evidence

704 Florida cases classified under this topic, plus 170 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Williams v. State
  110 So. 2d 654· Fla.· 1959-03-25 ·cited 2146×
  Ralph Williams was convicted of rape and sentenced to death. He appealed arguing that the trial court erred in admitting evidence of a similar incident six weeks prior involving another victim. The Florida Supreme Court affirmed, holding that similar fact evidence pointing to a s
• United States v. Orange Jell Beechum
  582 F.2d 898· 5th Cir.· 1978-10-25 ·cited 729×
  The dissent argues the majority misinterpreted Federal Rule of Evidence 404(b) by broadly allowing evidence of other crimes, wrongs, or acts, effectively overruling prior precedent ('Broadway') without sufficient justification.
• Johnston v. State
  863 So. 2d 271· Fla.· 2003-10-16 ·cited 259×·via Bad Character Evidence
  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
• Swafford v. State
  533 So. 2d 270· Fla.· 1988-09-29 ·cited 229×
  Roy Swafford was convicted of first-degree murder and sexual battery and sentenced to death for the February 14, 1982 murder of a FINA gas station attendant in Daytona Beach, Florida. The Florida Supreme Court affirmed his convictions and death sentence, finding the evidence suff
• Ferguson v. State
  417 So. 2d 639· Fla.· 1982-07-15 ·cited 229×·via Bad Character Evidence
  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×·via Bad Character Evidence
  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
• Garner v. State
  28 Fla. 113· Fla.· 1891-06-01 ·cited 214×
  I. T. Garner was convicted of first-degree murder in Suwannee County. The Florida Supreme Court reversed due to multiple errors: improper exclusion of evidence regarding the deceased's threats and violent character, erroneous jury instructions on voluntary intoxication that faile
• Drake v. State
  400 So. 2d 1217· Fla.· 1981-05-21 ·cited 205×·via Bad Character Evidence
  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.
• Robertson v. State
  829 So. 2d 901· Fla.· 2002-10-10 ·cited 199×
  The Florida Supreme Court quashed a Third District Court of Appeal decision that upheld the admission of evidence that Robertson threatened his ex-wife with an AK-47 six years earlier, finding that the Third District improperly applied the "tipsy coachman" doctrine to affirm on a
• Larzelere v. State
  676 So. 2d 394· Fla.· 1996-03-28 ·cited 198×
  Virginia Gail Larzelere was convicted of first-degree murder and sentenced to death for orchestrating the murder of her husband, a dentist, to collect life insurance. The Florida Supreme Court affirmed both the conviction and the death sentence, finding sufficient evidence of pre
• United States v. Crosby
  294 F.2d 928· 2d Cir.· 1961-08-22 ·cited 188×
  The court held that while the shares should have been registered, there was insufficient proof to infer wilfulness and criminal intent for the broker defendants on the unregistered securities counts. However, the evidence against the 'management' defendants was sufficient.
• United States v. Giese
  597 F.2d 1170· 9th Cir.· 1979-05-02 ·cited 179×
  The court held that the introduction and use of a book as evidence during trial was not plain error, even if potentially cumulative, as it was relevant to conspiratorial association and the defendant's own testimony opened the door for cross-examination on the matter.
• Proffitt v. Louie L. Wainwright
  685 F.2d 1227· 11th Cir.· 1982-09-10 ·cited 174×
  The court held that the defendant received ineffective assistance of counsel at the sentencing phase because counsel failed to investigate and present mitigating evidence, particularly regarding the defendant's mental condition.
• Ellis v. State
  622 So. 2d 991· Fla.· 1993-07-01 ·cited 164×
  Ralph Kermit Ellis was convicted of two first-degree murders and attempted murder of Black victims in 1978, crimes that went unsolved for eleven years until 1989 when a former classmate disclosed Ellis's alleged confessions. The Florida Supreme Court reversed the convictions and
• Johnston v. State
  497 So. 2d 863· Fla.· 1986-11-13 ·cited 163×
  David Eugene Johnston was convicted of first-degree murder in the stabbing and strangulation death of an 84-year-old woman and sentenced to death. The Florida Supreme Court affirmed his conviction and death sentence, rejecting twenty-two alleged errors on appeal, including challe
• Garron v. State
  528 So. 2d 353· Fla.· 1988-05-19 ·cited 161×
  Joseph Henry Garron was convicted of first-degree murder and sentenced to death for killing his wife and stepdaughter. The Florida Supreme Court reversed both the conviction and death sentence, finding multiple instances of prosecutorial misconduct, erroneous evidentiary rulings,
• Hitchcock v. State
  413 So. 2d 741· Fla.· 1982-02-25 ·cited 160×
  James Ernest Hitchcock appeals his conviction for first-degree murder and death sentence in the killing of his brother's thirteen-year-old stepdaughter. The Florida Supreme Court affirms both the conviction and sentence, rejecting multiple appellate challenges including evidentia
• Merck v. State
  975 So. 2d 1054· Fla.· 2007-12-06 ·cited 159×
  Troy Merck, Jr. appeals his death sentence imposed after a second remand for resentencing in a 1991 stabbing murder. The Florida Supreme Court affirmed the death sentence, finding no reversible error despite identifying some improper prosecutorial arguments that did not rise to t
• United States v. Winter
  663 F.2d 1120· 1st Cir.· 1981-10-30 ·cited 142×
  The court held that the Government's use of a non-statutory immunity agreement with a key witness was permissible and did not violate defendants' rights, and that the jury's decision to credit the witness's testimony was within their prerogative.
• United States v. Bermudez
  526 F.2d 89· 2d Cir.· 1975-11-06 ·cited 142×·via Admissibility Of Character Evidence
  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. Goodwin
  492 F.2d 1141· 5th Cir.· 1974-04-19 ·cited 140×·via Rule Against Character Evidence
  The court held that admitting evidence of a subsequent similar offense to prove intent was prejudicial error when intent was not genuinely disputed and the evidence was not necessary.
• United States v. Murphy
  768 F.2d 1518· 7th Cir.· 1985-07-19 ·cited 137×
  The court held that the recusal motion was untimely and waived because it was filed after sentencing and the evidence was not newly discovered.
• Roberson v. State
  40 Fla. 509· Fla.· 1898-06-01 ·cited 137×
  James Roberson and Tom Edenfield appealed their conviction for breaking and entering a dwelling house with intent to commit larceny. The Florida Supreme Court reversed and granted a new trial, finding that while most of the trial court's evidentiary rulings were proper, certain e
• United States v. West
  670 F.2d 675· 7th Cir.· 1982-01-29 ·cited 136×
  The court held that the district court did not abuse its discretion in denying severance motions, dismissing the indictment, or in most evidentiary rulings, and that any errors were harmless.
• United States v. Demetrios Papadakis and Joseph Novoa
  510 F.2d 287· 2d Cir.· 1975-01-10 ·cited 133×·via Rule Against Character Evidence
  The court held that evidence of other criminal acts was admissible to show a pattern of conduct and that multiple conspiracy counts were permissible. The court also found sufficient evidence of intent to violate federal law.
• United States v. Deaton
  381 F.2d 114· 2d Cir.· 1967-07-28 ·cited 132×·via Rule Against Character Evidence
  Evidence of similar transactions is admissible to prove intent and system of criminal activity, provided its probative value outweighs its prejudicial character.
• United States v. Antonelli Fireworks Co., Inc.
  155 F.2d 631· 2d Cir.· 1946-05-02 ·cited 130×
  The dissenting judge argues that the prosecutor's inflammatory remarks, made during wartime and concerning defendants' national origin, constituted reversible error because the case was not "strong" and the trial judge's corrective measures were insufficient.
• Ivon Ray Stanley v. Zant
  697 F.2d 955· 11th Cir.· 1983-02-10 ·cited 128×
• Myres v. United States
  174 F.2d 329· 8th Cir.· 1949-05-13 ·cited 128×·via Cross-Examination Of Character Witnesses
  The court held that the evidence was sufficient to sustain the jury's verdict of guilty for willful attempts to defeat and evade federal income taxes, and that the trial court did not commit prejudicial errors regarding evidence or jury instructions.
• Jaggers v. State
  536 So. 2d 321· Fla. 2d DCA· 1988-12-20 ·cited 122×
  Jaggers was convicted of three counts of sexual battery against children, but the Florida District Court of Appeal reversed all convictions, finding that the state failed to prove penetration (an essential element) for two counts, improperly admitted prior inconsistent statements
• Peek v. State
  488 So. 2d 52· Fla.· 1986-04-17 ·cited 122×·via Bad Character Evidence
  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
• Mercer v. State
  40 Fla. 216· Fla.· 1898-01-01 ·cited 121×
  Sam C. Mercer, Dock Mercer, and Claude Wadsworth were convicted of willfully driving an ox upon a railroad track and sentenced to ten years in prison. The Florida Supreme Court reversed and remanded for a new trial, finding reversible error in the trial court's admission of evide
• Fine v. State
  70 Fla. 412· Fla.· 1915-11-19 ·cited 119×
  Herbert Fine was convicted of murder and sentenced to death for shooting Harry Harmon in Ft. Lauderdale. The Florida Supreme Court reversed the conviction, holding that the trial court erred in prohibiting cross-examination of character witnesses about specific rumors or incident
• Williams v. State
  143 So. 2d 484· Fla.· 1962-05-23 ·cited 117×
  James Williams was convicted of first-degree murder in the 1958 shooting death of Herman Kaplan at the H&K Market. The Florida Supreme Court reversed the conviction and ordered a new trial, finding that evidence of a subsequent similar crime (a robbery at the Blue Grass Market 28
• Bozeman v. State
  698 So. 2d 629· Fla. 4th DCA· 1997-09-03 ·cited 116×
  Chester Bozeman appealed his convictions for battery on a police officer and resisting an officer with violence. The Fourth District Court of Appeal reversed because the trial court improperly admitted evidence of Bozeman's propensity for violence through testimony about the 'spe
• Jackson v. State
  451 So. 2d 458· Fla.· 1984-05-10 ·cited 111×
  Jackson was convicted of two first-degree murders and sentenced to death. The Florida Supreme Court reversed his convictions based on two evidentiary errors during the guilt phase: admission of irrelevant character evidence about Jackson's propensity for violence, and improper im
• United States v. Davis
  546 F.2d 583· 5th Cir.· 1977-01-26 ·cited 110×·via Admissibility Of Character Evidence
  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. Bosch
  584 F.2d 1113· 1st Cir.· 1978-09-29 ·cited 109×
  The court held that the admission of prior convictions into evidence, due to counsel's ineffective assistance and the court's erroneous instructions, constituted reversible error. The court also affirmed that the 'reasonably competent assistance' standard is the appropriate measu
• Cornelius v. State
  49 So. 2d 332· Fla.· 1950-12-12 ·cited 107×·via Cross-Examination Of Character Witnesses
  The Florida Supreme Court affirmed a conviction for manslaughter, holding that the jury was justified in rejecting the defendant's self-defense claim. The court also found that while the admission of certain rebuttal evidence was technically an error, it was not harmful or prejud
• United States v. Eatherton
  519 F.2d 603· 1st Cir.· 1975-07-18 ·cited 102×
  The court held that the identification procedures, while questionable, did not create a substantial likelihood of irreparable misidentification, and the search of the briefcase incident to arrest was permissible. However, the court found a double conviction under the Bank Robbery
• United States v. Tomaiolo
  249 F.2d 683· 2d Cir.· 1957-11-21 ·cited 102×
  The court held that the cumulative effect of numerous evidentiary errors, particularly the improper cross-examination of the defendant and the impeachment of a defense witness, deprived the defendant Tomaiolo of a fair trial.
• Butler v. State
  842 So. 2d 817· Fla.· 2003-04-03 ·cited 101×·via Bad Character Evidence
  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
• United States v. Ring
  513 F.2d 1001· 6th Cir.· 1975-04-02 ·cited 98×·via Rule Against Character Evidence
  The court held that evidence of prior threats was inadmissible to show criminal intent when intent is inferable from the act itself and the defendant has not asserted a defense of innocent state of mind.
• Johnson v. State
  608 So. 2d 4· Fla.· 1992-10-01 ·cited 97×·via Bad Character Evidence
  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
• Morei v. United States
  127 F.2d 827· 6th Cir.· 1942-05-14 ·cited 96×
  The court held that Dr. Platt's conviction for aiding and abetting or being an accessory before the fact in narcotics offenses must be reversed due to insufficient evidence and improper government conduct. The court also found that Morei's defense of entrapment should have been c
• United States v. Burkhart
  458 F.2d 201· 10th Cir.· 1972-02-14 ·cited 94×·via Rule Against Character Evidence
  Evidence of prior Dyer Act convictions is admissible to prove intent and negate accident or mistake in a current Dyer Act charge.
• 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.
• Lyda v. United States
  321 F.2d 788· 9th Cir.· 1963-08-22 ·cited 91×·via Improper Character Evidence
  The court held that Perrault's convictions were supported by sufficient evidence and his procedural challenges lacked merit, but Lyda's conviction was reversible error due to the improper admission of evidence of prior arrest.
• United States v. Southard
  700 F.2d 1· 1st Cir.· 1983-01-28 ·cited 90×
  The court held that the district court did not err in denying a Franks hearing, admitting evidence of gambling activities, or finding the evidence sufficient for conviction, and that the ex parte, in camera interview was harmless error.