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. Krapp
  815 F.2d 1183· 8th Cir.· 1987-04-03 ·cited 8×
  The court held that the prosecutor's improper question, while potentially prejudicial, did not warrant a mistrial because it was not overly offensive, was unanswered, and was immediately admonished. The court also held that the trial court did not err in refusing to give a specif
• United States v. George
  778 F.2d 556· 10th Cir.· 1985-11-29 ·cited 8×
  The court affirmed the conviction, holding that the late disclosure of potentially exculpatory evidence did not deny the defendant a fair trial, and the trial court properly handled the invocation of the Fifth Amendment privilege by a witness.
• Gen. Tel. Co. & Am. Motorists Ins. Co. v. Wallace
  417 So. 2d 1022· Fla. 2d DCA· 1982-07-02 ·cited 8×
  A doctor's opinion testimony regarding a patient's truth and veracity is inadmissible in a civil action, especially when the patient's character has not been attacked.
• United States v. McMURRAY
  656 F.2d 540· 10th Cir.· 1980-03-05 ·cited 8×
  The court should have resolved debatable double jeopardy questions in favor of the defendants.
• Gov't OF the Virgin Islands v. Roldan
  612 F.2d 775· 3d Cir.· 1979-12-28 ·cited 8×
  The court held that the admission of the defendant's prior murder conviction to impeach a witness's testimony about the defendant's character was proper, and that there was sufficient evidence of premeditation to support a first-degree murder conviction.
• Mall Motel Corp. v. Wayside Rests., Inc.
  377 So. 2d 41· Fla. 3d DCA· 1979-11-27 ·cited 8×·via Bad Character Evidence
  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
• Butler v. State
  376 So. 2d 937· Fla. 4th DCA· 1979-11-15 ·cited 8×
  David Butler was convicted of marijuana possession with intent to sell. On appeal, the court found reversible error in the admission of a severed codefendant's address book to prove knowledge of the codefendant, as it violated Butler's Sixth Amendment confrontation rights. The co
• Harbin v. The Interlake S.S. Co.
  570 F.2d 99· 6th Cir.· 1978-01-27 ·cited 8×
  The court held that the evidence was insufficient as a matter of law to support a finding that the seaman had a savage disposition, thus the ship was not unseaworthy. However, the court also found prejudicial error in the plaintiff's counsel's argument to the jury regarding the p
• People of the United States ex rel. John J. Rooney v. Housewright
  568 F.2d 516· 7th Cir.· 1977-12-05 ·cited 8×·via Admissibility Of Character Evidence
  The dissenting judge holds that the defendant was deprived of a fair trial due to the exclusion of evidence regarding the deceased's reputation for violence and the improper emphasis on the defendant's silence to police.
• United States v. Isham Eddie Perry
  512 F.2d 805· 6th Cir.· 1975-03-19 ·cited 8×
  The court held that prosecutorial misconduct, including improper questioning and introduction of inadmissible evidence, constituted reversible error, requiring a new trial.
• United States v. Oliver
  492 F.2d 943· 8th Cir.· 1974-02-25 ·cited 8×·via Admissibility Of Character Evidence
  The court held that the exclusion of testimony regarding the victim's reputation for truth and veracity improperly restricted the defendant's opportunity to present an adequate defense.
• Hattaway v. United States
  416 F.2d 1178· 5th Cir.· 1969-09-15 ·cited 8×
  The court held that the appellant was not denied a fair trial due to the cross-examination regarding prior acts or the admission of rebuttal testimony, as proper objections were not made at trial.
• United States v. Lynch
  366 F.2d 829· 3d Cir.· 1966-10-03 ·cited 8×
  The court held that the evidence was insufficient to support the embezzlement conviction and that the trial court erred in denying the motion for a new trial due to prejudicial remarks and instructions.
• United States v. Garland
  364 F.2d 487· 2d Cir.· 1966-08-01 ·cited 8×
  The court held that the trial judge's jury charge regarding character evidence was not erroneous, and the exclusion of the defendant's infant daughter from the courtroom did not deny a public trial.
• Eubanks v. State
  179 So. 2d 256· Fla. 1st DCA· 1965-10-21 ·cited 8×
  W.C. Eubanks was convicted of second-degree murder after the trial court erred in striking the testimony of three character witnesses. The appellate court reversed and remanded for a new trial, finding the error was not harmless because the witnesses' testimony regarding the defe
• United States v. Collier
  313 F.2d 157· 7th Cir.· 1963-01-16 ·cited 8×·via Admissibility Of Character Evidence
  The court held that the trial court erred in denying the defendant's attempts to secure a material witness and in restricting cross-examination, leading to an unfair trial.
• ST. Clair v. E. AIR Lines, Inc.
  279 F.2d 119· 2d Cir.· 1960-06-02 ·cited 8×
  The court held that admitting irrelevant testimony about the decedent's personal life and improperly allowing the reading of deposition questions without intent to impeach prejudiced the jury and requires reversal.
• Salgado v. United States
  278 F.2d 830· 1st Cir.· 1960-05-27 ·cited 8×
  The court held that the exclusion of evidence regarding a prosecution witness's bias and the defendant's attempts to impeach another witness were errors that warranted a new trial.
• Meade v. State
  96 So. 2d 776· Fla.· 1957-07-31 ·cited 8×
  Gilbert Meade was convicted of first-degree murder in the death of his wife, Evelyn Meade, and sentenced to death. The Florida Supreme Court affirmed the conviction, finding sufficient evidence of premeditation and deliberation despite Meade's claim he acted in the heat of passio
• United States v. Semeniuk
  193 F.2d 508· 7th Cir.· 1952-01-11 ·cited 8×
  The court held that an erroneous jury instruction regarding character evidence requires reversal and a new trial.
• Orient Ins. Co. v. Parkhill
  170 F.2d 510· 5th Cir.· 1948-11-26 ·cited 8×·via Admissibility Of Character Evidence
  The court held that misrepresentations must be made with actual intent to deceive to defeat recovery under a fire insurance policy, and arson requires knowledge or authorization by the assured.
• Saussy v. S. Fla. R. R. Co.
  22 Fla. 327· Fla.· 1886-01-01 ·cited 8×·via Admissibility Of Character Evidence
  The Florida Supreme Court reversed a judgment for the railroad company, finding that the trial court improperly admitted evidence of a key employee's character for truthfulness. The court also questioned the applicability of a statute regarding fire-setting and suggested the case
• The Florida Bar v. Jacobs
  370 So. 3d 876· Fla.· 2023-06-08 ·cited 7×·via Character Or Reputation
  The Florida Supreme Court disciplined attorney Bruce Jacobs for violating Bar Rule 4-8.2(a) by impugning the integrity of judges in three separate foreclosure proceedings. While approving the referee's findings that Jacobs violated the rule, the Court imposed a 91-day rehabilitat
• McPHEE v. State
  117 So. 3d 1137· Fla. 3d DCA· 2012-12-05 ·cited 7×
  The court affirmed the conviction, finding no merit in the defendant's four appellate issues.
• In re Amendments to the Florida Evidence Code
  53 So. 3d 1019· Fla.· 2011-01-13 ·cited 7×·via Admissibility Of Character Evidence
  The Court adopts the procedural aspects of the legislative amendment to the Florida Evidence Code, but expresses no opinion on its substance.
• LOT v. State
  13 So. 3d 1121· Fla. 3d DCA· 2009-07-22 ·cited 7×·via Bad Character Evidence
  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
• Germaine Ruddock v. State
  763 So. 2d 1103· Fla. 4th DCA· 1999-12-15 ·cited 7×
  Germaine Ruddock appealed his conviction for battery on a law enforcement officer, raising five issues regarding trial procedure and evidentiary rulings, and challenging the constitutionality of the Prison Releasee Reoffender Act under which he was sentenced. The Florida Fourth D
• Darion White v. State
  730 So. 2d 715· Fla. 4th DCA· 1999-01-20 ·cited 7×
  Darion White was convicted of cocaine delivery based on an undercover officer's observation of a hand-to-hand transaction. The Fourth District Court of Appeal reversed, holding that the trial court erred by allowing the officer to testify about typical patterns in other drug case
• Alford Moten v. State
  391 So. 2d 716· Fla. 3d DCA· 1980-12-16 ·cited 7×
• Russom v. State
  105 So. 2d 380· Fla. 3d DCA· 1958-09-16 ·cited 7×·via Admissibility Of Character Evidence
  Curtis Russom was convicted of rape and sentenced to life imprisonment. He appealed on four procedural grounds, including alleged juror misconduct based on a juror's undisclosed prior experience with his daughter. The court affirmed the conviction, finding no abuse of discretion
• THE Florida BAR v. Johnson
  132 So. 3d 32· Fla.· 2013-09-04 ·cited 6×·via Character Or Reputation
  The Florida Supreme Court disbarred attorney Clint Johnson for professional misconduct involving trust account irregularities, failure to supervise employees, and violations of court orders suspending his license. The court found Johnson's gross negligence in managing trust accou
• Monticello Austin v. State
  48 So. 3d 1025· Fla. 2d DCA· 2010-12-08 ·cited 6×
  The court held that the admission of evidence regarding the defendant's past marijuana use and purchase was inadmissible character evidence and constituted reversible error.
• Leonel Munoz v. State
  45 So. 3d 954· Fla. 3d DCA· 2010-10-13 ·cited 6×
  Leonel Munoz appeals his manslaughter conviction for shooting Paul Suarez, claiming self-defense. The appellate court affirms, holding that while evidence of a victim's reputation for carrying firearms may be relevant to show the reasonableness of a defendant's fear in self-defen
• Nelsenn Simon v. State
  38 So. 3d 793· Fla. 4th DCA· 2010-06-09 ·cited 6×·via Admissibility Of Character Evidence
  Nelsenn Simon appeals his second degree murder conviction, challenging the jury instruction on the lesser included offense of manslaughter, the exclusion of victim propensity evidence, and an alleged improper prosecutorial comment on his right to silence. The Fourth District Cour
• Ingram v. State
  943 So. 2d 325· Fla. 4th DCA· 2006-12-13 ·cited 6×·via Bad Character Evidence
  The court affirmed the conviction but reversed the sentence for one count, remanding for resentencing.
• Thomas v. State
  701 So. 2d 891· Fla. 1st DCA· 1997-11-05 ·cited 6×
  Testimony that appellant was housed in a prison wing reserved for "more violent inmates" constitutes impermissible character evidence under Florida Evidence Code § 90.404(1) and is reversible error, not subject to harmless error analysis given the importance of the self-defense i
• Hall v. State
  634 So. 2d 1124· Fla. 5th DCA· 1994-04-08 ·cited 6×
  The trial court committed reversible error by allowing the state, over defense objection, to introduce evidence of Deputy Carpenter's twelve-year good-conduct record to bolster his credibility where the defense had attacked only his actions during the arrest, not his reputation f
• O'Neil v. Gilbert
  625 So. 2d 982· Fla. 3d DCA· 1993-10-26 ·cited 6×
  In a personal injury case arising from serious burns, the jury found the defendant gas company and landlords liable based on the plaintiff's testimony about a defective stove, contrary to the defense witness's account of a voodoo ritual accident. The appellate court reversed and
• Young v. State
  598 So. 2d 163· Fla. 3d DCA· 1992-04-28 ·cited 6×
  Mark John Young appeals his aggravated battery conviction, arguing the trial court reversibly erred by admitting hearsay evidence that a third party (not testifying) inflicted Young's facial wound, thereby contradicting Young's self-defense claim that the complainant caused it wi
• Morris v. State OF Cal.
  966 F.2d 448· 9th Cir.· 1991-09-30 ·cited 6×
  The court held that judicial estoppel does not bar a habeas petitioner from asserting a claim of innocence based on ineffective assistance of counsel, and that the petitioner may be entitled to relief if her counsel's performance was deficient and prejudiced her defense.
• United States v. Galloway
  937 F.2d 542· 10th Cir.· 1991-06-28 ·cited 6×·via Admissibility Of Character Evidence
  The court held that the district court properly excluded evidence of the victim's past sexual behavior under Rule 412, and a remand for Rule 403 balancing was unnecessary.
• Donald v. Balfour J. Rast
  927 F.2d 379· 8th Cir.· 1991-03-01 ·cited 6×
  The dissenting judge believes the trial court erred in excluding evidence, thus denying the appellant a fair trial.
• United States v. Josef John Casal
  915 F.2d 1225· 8th Cir.· 1990-10-08 ·cited 6×
  The court held that the defendant's confession was voluntary and admissible, and that the district court did not abuse its discretion in denying a mistrial, expert witness appointment, or a Sentencing Guidelines reduction.
• Stomner v. Darrell Kolb & the Attorney Gen. of the State of Wis.
  903 F.2d 1123· 7th Cir.· 1990-06-04 ·cited 6×
  The court held that the denial of severance and certain evidentiary rulings did not violate due process or render the trial fundamentally unfair.
• United States v. Watson
  894 F.2d 1345· D.C. Cir.· 1990-01-19 ·cited 6×
  The dissenting judge would hold that the use of evidence obtained by a government agent after charges attached violated the defendant's Sixth Amendment right to counsel, requiring exclusion and a new trial.
• United States v. Garcia
  880 F.2d 1277· 11th Cir.· 1989-08-21 ·cited 6×
  The court held that testimony about a prior incident where the appellant signed another person's name as a joke was admissible evidence.
• Weil v. Seltzer
  873 F.2d 1453· D.C. Cir.· 1989-04-28 ·cited 6×
  The court held that the district court erred in admitting testimony of former patients as habit evidence under Federal Rule of Evidence 406, and that there was insufficient evidence to support a contributory negligence instruction.
• Gonzalez v. State
  538 So. 2d 1343· Fla. 4th DCA· 1989-02-22 ·cited 6×
  Manuel Gonzalez was convicted by jury of three counts of sexual battery and sentenced to fifteen years in prison. The Florida Fourth District Court of Appeal reversed and remanded for a new trial, finding multiple evidentiary errors that severely prejudiced the defendant's defens
• 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
• United States v. Elusma
  849 F.2d 76· 2d Cir.· 1988-06-10 ·cited 6×
  The court held that a defendant can be convicted of aiding and abetting the filing of false documents even if the principal is acquitted, provided the elements of aiding and abetting are met. The court also affirmed convictions for conspiracy and false filings, finding sufficient