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

• United States v. Hays
  872 F.2d 582· 5th Cir.· 1989-04-25 ·cited 10×
  The court held that the district court erred in admitting a substantial amount of irrelevant, cumulative, and prejudicial evidence, which impermissibly affected the substantial rights of the defendants.
• United States v. Dakins
  872 F.2d 1061· D.C. Cir.· 1989-04-18 ·cited 10×
  The court held that the trial judge did not err in excluding evidence of police misconduct, accepting a partial jury verdict, or refusing to apply the rule of consistency.
• United States v. Don Temple
  862 F.2d 821· 10th Cir.· 1988-12-13 ·cited 10×
  The court held that the district court abused its discretion by admitting evidence of two 1986 incidents under Federal Rule of Evidence 404(b) because they were too remote and tenuous to prove the defendant's intent or common plan for the 1987 conspiracy, and their prejudicial ef
• United States v. Hogue
  827 F.2d 660· 10th Cir.· 1987-08-19 ·cited 10×
  The court held that the trial court erred in admitting evidence of prior and subsequent assaults under Federal Rule of Evidence 404(b) because it was used to prove character and lacked a clear, logical connection to the charged offense.
• United States v. Sloan
  811 F.2d 1359· 10th Cir.· 1987-02-17 ·cited 10×
  A trial court's denial of a defendant's request to make objections to jury instructions outside the presence of the jury, as required by Fed.R.Crim.P. 30, constitutes reversible error when coupled with an instruction that effectively adds elements not charged in the indictment, t
• Periu v. State
  490 So. 2d 1327· Fla. 3d DCA· 1986-07-01 ·cited 10×
  Oscar Periu was convicted of second-degree grand theft of a motor vehicle. The Third District Court of Appeal reversed and remanded for a new trial, finding reversible error in the trial court's denial of two motions for mistrial—one based on inadmissible character evidence from
• United States v. McDOWELL
  762 F.2d 1072· D.C. Cir.· 1985-05-31 ·cited 10×
  The court held that a bulletproof vest found in a drug dealer's apartment was admissible evidence to show intent to distribute, as its probative value was not substantially outweighed by the danger of unfair prejudice.
• Puhl v. State
  426 So. 2d 1226· Fla. 4th DCA· 1983-02-09 ·cited 10×
  William Puhl appeals his convictions on twelve criminal charges stemming from a kidnapping and subsequent robberies. The appellate court reversed and remanded because the trial court improperly joined unrelated offenses in a single trial without granting Puhl's motion for severan
• Gov't of the Virgin Islands v. Carino
  631 F.2d 226· 3d Cir.· 1980-08-20 ·cited 10×
  The court held that while the exclusion of evidence of the victim's prior manslaughter conviction to show the defendant's state of mind was an error, it was harmless error given the overwhelming evidence of guilt.
• Elwood Lamar Albright v. State
  378 So. 2d 1234· Fla. 2d DCA· 1979-05-02 ·cited 10×
  Elwood Albright appeals his conviction and life sentence for bank robbery, contending that prejudicial statements by two state witnesses and the admission of his confession violated his right to a fair trial. The appellate court reversed and remanded for a new trial, finding that
• United States v. Harvey
  588 F.2d 1201· 8th Cir.· 1978-12-12 ·cited 10×·via Cross-Examination Of Character Witnesses
  The court held that the prosecutor's misuse of information from the defendant's presentence report during cross-examination constituted plain error, requiring a new trial.
• Groebner v. State
  342 So. 2d 94· Fla. 3d DCA· 1977-02-01 ·cited 10×
  Appellant Groebner was convicted by jury of grand larceny and sentenced to five years imprisonment. The appellate court reversed, holding that the cumulative effect of improper prosecutorial comments, character attacks, and prejudicial questioning—despite the trial court's attemp
• Marcum v. State
  341 So. 2d 815· Fla. 2d DCA· 1977-01-19 ·cited 10×
  David Marcum was convicted of resisting arrest with violence and battery following a roadside confrontation with Deputy Sheriff Wayne Thomas. The Florida District Court of Appeal reversed and remanded for a new trial, holding that the trial court erred in excluding character evid
• United States v. Napoleon B. Lechoco
  542 F.2d 84· D.C. Cir.· 1976-09-23 ·cited 10×
  The court held that excluding evidence of the defendant's reputation for truthfulness was an error that was not harmless, requiring a new trial on the issue of insanity.
• Post v. State
  315 So. 2d 230· Fla. 2d DCA· 1975-07-09 ·cited 10×
  The court held that the prosecutor's opening statement attacking the defendant's character by mentioning prior criminal history constituted reversible error, denying the defendant a fair trial.
• 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.
• Seaboard Coast Line R.R. Co. & Harold Jefferson Bridges v. Friddle
  290 So. 2d 85· Fla. 4th DCA· 1974-02-15 ·cited 10×
  A trial court errs and reverses are warranted when multiple evidentiary errors—allowing prior accident testimony without substantial similarity of conditions, testimony about train warning signals on other occasions, and evidence of plaintiff's son's death to increase damages for
• MacHara v. State
  272 So. 2d 870· Fla. 4th DCA· 1973-02-12 ·cited 10×
  The court held that admitting evidence of defendants' drug addiction and prior unrelated crimes constituted reversible error.
• United States v. Rispo
  470 F.2d 1099· 3d Cir.· 1973-01-02 ·cited 10×·via Cross-Examination Of Character Witnesses
  The court held that the jury charge regarding possession of recently stolen property was proper, and that joint representation did not deny effective assistance of counsel.
• Roberson v. State
  258 So. 2d 257· Fla.· 1971-12-16 ·cited 10×
  Eugene Roberson was convicted of first-degree murder and sentenced to death after a retrial, following his initial conviction with a jury recommendation of mercy and life sentence. The Florida Supreme Court held that North Carolina v. Pearce principles require the trial court to
• Washington v. State
  247 So. 2d 743· Fla. 1st DCA· 1971-05-06 ·cited 10×
  The appellate court affirmed a conviction for assault with intent to commit rape, finding no error in instructing on lesser included offenses over the defendant's objection, nor in limiting character testimony.
• Hackworth v. Beto
  434 F.2d 852· 5th Cir.· 1970-11-11 ·cited 10×
  The court held that while some state trial errors may have occurred, they did not rise to the level of a federal due process violation, and thus habeas corpus relief was denied.
• United States v. Martinez
  333 F.2d 80· 2d Cir.· 1964-06-15 ·cited 10×
  The court held that the judge's improper question about prior offenses did not require reversal because defense counsel's objection prevented the information from being considered.
• SUN B. LEE v. United States
  245 F.2d 322· 9th Cir.· 1957-05-31 ·cited 10×
  The admission of rebuttal evidence showing prior misconduct was prejudicial error, requiring reversal and remand for a new trial.
• McQUAID v. United States
  193 F.2d 696· D.C. Cir.· 1951-11-20 ·cited 10×
  The court held that an omission in jury instructions regarding the value of stolen property was not prejudicial because the sentence imposed was consistent with the lesser offense, rendering the exact value determination by the jury immaterial.
• King v. State
  260 So. 3d 985· Fla.· 2018-12-20 ·cited 9×
  Cecil King appeals the postconviction court's denial of his motion to vacate his first-degree murder conviction and death sentence. The Florida Supreme Court affirmed the denial of King's guilt-phase ineffective assistance of counsel claims but vacated his death sentence and rema
• RAO v. State
  52 So. 3d 40· Fla. 4th DCA· 2010-12-15 ·cited 9×·via Bad Character Evidence
  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
• Villanueva v. State
  917 So. 2d 968· Fla. 3d DCA· 2005-12-28 ·cited 9×·via Improper Character Evidence
  Santiago Villanueva was convicted by jury of attempted second degree murder with a firearm after a bathroom confrontation at a bar. The appellate court affirmed the conviction despite improper character evidence introduced by prosecution witnesses, finding that curative instructi
• Armalin v. State
  884 So. 2d 458· Fla. 4th DCA· 2004-10-06 ·cited 9×
  The court held that the admission of testimony regarding general drug dealer behavior, while potentially inadmissible, constituted harmless error given the overwhelming evidence of the defendant's guilt.
• Smith v. Hugo
  714 So. 2d 467· Fla. 4th DCA· 1998-03-18 ·cited 9×
  The Smiths appealed a jury verdict in favor of a veterinarian and animal hospital after their cat bit the owner during a vaccination procedure. The court affirmed the verdict, finding that the trial court's refusal to give a specialized jury instruction on the standard of care fo
• Maddry v. State
  585 So. 2d 359· Fla. 1st DCA· 1991-08-08 ·cited 9×·via Bad Character Evidence
  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
• Nathey v. State
  275 So. 2d 589· Fla. 1st DCA· 1973-04-10 ·cited 9×
• Fitzgerald v. State
  203 So. 2d 511· Fla. 2d DCA· 1967-09-27 ·cited 9×
  Fitzgerald was convicted of burglary and possession of burglary tools after being discovered by police attempting to open a safe with an acetylene torch in a furniture store. On appeal, he challenged the admission of character evidence and the sufficiency of evidence for the poss
• Silbert v. State
  72 So. 2d 901· Fla.· 1954-03-02 ·cited 9×
  Silbert was convicted of lewd and lascivious conduct against a minor in a bench trial. The Florida Supreme Court affirmed the conviction, finding no error in the trial court's exclusion of character evidence letters and no basis to overturn the factual findings.
• Herring v. State
  114 Fla. 156· Fla.· 1934-03-05 ·cited 9×·via Admissibility Of Character Evidence
  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
• United States v. Junior Jean Baptiste
  935 F.3d 1304· 11th Cir.· 2019-08-28 ·cited 8×
  The court held that even if hearsay testimony was improperly admitted, the error was harmless due to overwhelming evidence. The court also clarified that reliable hearsay can be used for sentencing enhancements.
• CDS Holdings I, Inc. v. Corp. Co. OF Miami
  944 So. 2d 440· Fla. 3d DCA· 2006-11-15 ·cited 8×
  CDS Holdings I and II, along with their founder Christine Marchesa Serra, appealed the trial court's denial of their post-trial motions for directed verdict and new trial in a breach of contract action brought by Corporation Company of Miami (assignee of Shutts & Bowen law firm)
• Insko v. State
  884 So. 2d 312· Fla. 2d DCA· 2004-08-27 ·cited 8×·via Bad Character Evidence
  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
• Johnson v. State
  718 So. 2d 848· Fla. 5th DCA· 1998-08-21 ·cited 8×
  The court held that the trial court properly excluded evidence of the victim's prior violent acts because the defendant was unaware of them, and properly refused special jury instructions on battered-child syndrome as unsupported by evidence.
• Smith v. State
  674 So. 2d 791· Fla. 5th DCA· 1996-05-03 ·cited 8×
  Raymond Smith, Jr., a police officer, was convicted of lewd or lascivious assault on a 14-year-old child based primarily on the child's testimony. The appellate court reversed and remanded for a new trial, finding that the trial court improperly admitted testimony from the child'
• Kivett v. State
  629 So. 2d 249· Fla. 3d DCA· 1993-12-14 ·cited 8×
  Steven Kivett appeals his conviction for manslaughter with a firearm and tampering with evidence. The Florida District Court of Appeal affirms, rejecting his challenges to the sufficiency of evidence, the trial court's denial of his motion for judgment of acquittal, and his claim
• Fletcher v. State
  619 So. 2d 333· Fla. 1st DCA· 1993-05-13 ·cited 8×
  Sherman Fletcher appealed his convictions for aggravated assault with a firearm and battery, challenging the trial court's admission of victim testimony that rebutted his claim that he had never pointed a gun at anyone. The Florida District Court of Appeal affirmed, holding that
• United States v. Humphreys
  982 F.2d 254· 8th Cir.· 1992-12-07 ·cited 8×
  The court held that the district court did not err in denying the defendant's motions to suppress evidence, sever counts, transfer venue, or for a new trial based on juror disqualification, and that the jury instructions were adequate.
• Dawkins v. State
  605 So. 2d 1329· Fla. 2d DCA· 1992-10-14 ·cited 8×·via Improper Character Evidence
  Roy Dawkins appeals his conviction for aggravated battery with a firearm, arguing that the prosecution improperly introduced evidence of an uncharged crime—possession of a firearm by a convicted felon—which violated his right to a fair trial. The appellate court agreed and revers
• United States v. Hartsfield
  976 F.2d 1349· 10th Cir.· 1992-10-07 ·cited 8×
  The court held that the trial court did not abuse its discretion in admitting evidence of gang membership and prior drug dealings, denying motions for mistrial, and utilizing mass jury selection, and that sufficient evidence supported the conspiracy conviction.
• Maddox v. Dep't of Prof'l Reg.
  592 So. 2d 717· Fla. 1st DCA· 1991-12-23 ·cited 8×·via Bad Character Evidence
  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
• Ivey v. State
  586 So. 2d 1230· Fla. 1st DCA· 1991-09-18 ·cited 8×
  Regina Ivey was convicted of aggravated battery after claiming self-defense. The Florida First District Court of Appeal reversed her conviction, finding that the trial court erred by admitting evidence of her prior convictions under the Florida Evidence Code because she had not p
• Talal B. Jammal v. VAN DE Kamp
  926 F.2d 918· 9th Cir.· 1991-02-28 ·cited 8×
  The admission of evidence showing the petitioner was found with a large sum of cash in his car did not violate his due process rights, as it was rationally inferable that he also possessed the cash and drugs found earlier.
• United States v. Darwin Rusty Siers
  873 F.2d 747· 4th Cir.· 1989-05-05 ·cited 8×·via Cross-Examination Of Character Witnesses
  The court held that while some of the government's cross-examination of character witnesses was improper, it did not affect the substantial rights of the defendant and thus was harmless error; the court also held that the two counts were not multiplicious.
• Jackson v. State
  538 So. 2d 533· Fla. 5th DCA· 1989-02-16 ·cited 8×
  Jackson appeals his conviction for three counts of sexual battery, challenging the admission of Williams rule evidence concerning a prior sexual assault victim. The court affirmed, holding that evidence of Jackson's prior similar assault was properly admitted because it demonstra