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

• Branley McCARTNEY v. State
  510 So. 2d 1157· Fla. 3d DCA· 1987-08-11 ·cited 6×
  Branley McCartney appeals his conviction for robbery with a weapon, raising three evidentiary issues: exclusion of psychiatric testimony about diminished mental capacity, exclusion of psychiatric history testimony, and exclusion of evidence of his lack of prior criminal record. T
• Frazier v. State
  488 So. 2d 166· Fla. 1st DCA· 1986-05-16 ·cited 6×
  The court held that the trial court correctly denied the motion to suppress evidence and correctly refused a special jury instruction on character testimony, but erred in retaining jurisdiction over the sentence.
• United States v. Tager
  788 F.2d 349· 6th Cir.· 1986-04-10 ·cited 6×
  The dissenting judge believes the evidence does not support a conviction for securities fraud, as there was no false statement of fact inducing the broker to extend credit.
• United States v. Kerr
  778 F.2d 690· 11th Cir.· 1985-12-19 ·cited 6×
  The court held that the admission of extrinsic evidence, used to show motive, was unduly prejudicial and violated the defendant Kerr's right to a fair trial, warranting a new trial for him.
• United States v. Pritchett
  699 F.2d 317· 6th Cir.· 1983-02-04 ·cited 6×
  The court held that the trial judge's interjection confirming a witness's criminal history and the limitation on cross-examination regarding other drug sources constituted reversible error.
• Lagasse v. Vestal
  671 F.2d 668· 1st Cir.· 1982-03-01 ·cited 6×
  The exclusion of evidence of the decedent's violent conduct, which the appellant did not know about, did not violate his constitutional right to a fair trial.
• Giddens v. State
  404 So. 2d 163· Fla. 2d DCA· 1981-09-25 ·cited 6×
  Seth Giddens was convicted of statutory rape, incest, and sexual battery. The Florida Court of Appeal reversed and remanded for a new trial, finding that the trial court erred in admitting a statement where Giddens said he would not confess this time after having confessed to sim
• Dorry v. State
  389 So. 2d 1184· Fla. 4th DCA· 1980-09-10 ·cited 6×
  The court held that the trial court erred by excluding the testimony of a witness regarding the victim's reputation for violence without first determining if the opposing party would be prejudiced by the discovery violation.
• United States v. Bowman
  609 F.2d 12· D.C. Cir.· 1979-10-24 ·cited 6×
  The court held that the doctrine of collateral estoppel, encompassed within the Fifth Amendment's double jeopardy clause, barred retrial on the second count of obstruction of justice after an acquittal on the third count, as the counts were essentially the same offense and the ac
• Squyres v. Hilliary
  599 F.2d 918· 10th Cir.· 1979-05-08 ·cited 6×
  The court held that the district court did not err in admitting the plaintiff's injury testimony, the deputy sheriffs' reputation testimony, or in denying the motion for a new trial.
• Waters v. State
  369 So. 2d 979· Fla. 3d DCA· 1979-03-27 ·cited 6×·via Bad Character Evidence
  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
• Anderson v. State
  362 So. 2d 361· Fla. 4th DCA· 1978-08-16 ·cited 6×
  Trial court erred by excluding defendant's character evidence about the deceased while simultaneously instructing the jury on justifiable homicide, requiring reversal and new trial.
• United States v. Evans
  569 F.2d 209· 4th Cir.· 1978-01-17 ·cited 6×
  The court held that while Evans's conviction was affirmed, Whitehead's conviction must be vacated due to the late appointment of counsel and denial of a continuance.
• Perkins v. State
  349 So. 2d 776· Fla. 2d DCA· 1977-08-31 ·cited 6×
  The cumulative effect of inadmissible testimony, which attacked the appellant's character and propensity to commit crimes, was so prejudicial as to deny the appellant a fair trial.
• Seabrook v. State
  348 So. 2d 663· Fla. 2d DCA· 1977-08-03 ·cited 6×
  Appellant was convicted of aggravated assault (lesser included offense of aggravated battery) in a shooting case. The Florida appellate court reversed because the trial court erroneously excluded evidence of appellant's reputation for peacefulness and tranquility, which was relev
• United States v. Cylkouski
  556 F.2d 799· 6th Cir.· 1977-05-04 ·cited 6×
  The court held that trying the appellant on count seven after acquittal on counts one and two did not constitute double jeopardy, and that the trial court did not err in its rulings on character evidence or sufficiency of evidence.
• United States v. Marrero
  486 F.2d 622· 7th Cir.· 1973-08-09 ·cited 6×
  The court held that the admission of testimony regarding a government file on the defendant as a 'major violator' was impermissibly prejudicial and required reversal.
• United States v. Pingleton
  458 F.2d 722· 7th Cir.· 1972-03-24 ·cited 6×·via Cross-Examination Of Character Witnesses
  The court held that the defendant's claims of entrapment, improper cross-examination, and inflammatory prosecutorial remarks did not warrant reversal of his conviction.
• United States v. Rucker
  435 F.2d 950· 8th Cir.· 1971-01-13 ·cited 6×·via Cross-Examination Of Character Witnesses
  A claim to conscientious objector status raised for the first time at trial or on appeal is not a defense to refusal to submit to induction, and admission of evidence and cross-examination were proper.
• United States v. Baum
  435 F.2d 1197· 7th Cir.· 1970-12-28 ·cited 6×
  The court held that the conspiracy charge was not barred by the statute of limitations because the conspiracy included efforts to avoid penalties, and that the evidence was sufficient to support convictions for conspiracy and procuring a false report.
• United States v. Williams
  436 F.2d 287· D.C. Cir.· 1970-11-03 ·cited 6×·via Cross-Examination Of Character Witnesses
• Gaines v. State
  244 So. 2d 478· Fla. 4th DCA· 1970-10-23 ·cited 6×
  A proffer of testimony is not required when the purpose of the excluded testimony is obvious from the context of the question and the case.
• Rich v. United States
  384 F.2d 887· 5th Cir.· 1967-10-30 ·cited 6×
  The court held that the evidence was sufficient to sustain the convictions and that various pieces of evidence, even if potentially prejudicial, were properly admitted or did not constitute plain error.
• Wadsworth v. State
  201 So. 2d 836· Fla. 4th DCA· 1967-08-14 ·cited 6×
  Edward Wadsworth was convicted of manslaughter by an intoxicated motorist after his vehicle collided with another, resulting in death. The Florida appellate court reversed because testimony about Wadsworth's habitual purchase of vodka and statement that he 'had a problem' was ina
• Jenkins v. State
  177 So. 2d 756· Fla. 3d DCA· 1965-08-17 ·cited 6×
  The appellate court reversed a conviction for attempted rape, finding that the trial court improperly admitted irrelevant and prejudicial statements made by the defendant while in custody.
• Carnley v. United States
  274 F.2d 68· 5th Cir.· 1960-01-07 ·cited 6×·via Admissibility Of Character Evidence
  The court held that excluding evidence of the defendant's general reputation for honesty was an error that required reversal.
• Benitez v. State
  113 So. 2d 410· Fla. 2d DCA· 1959-06-24 ·cited 6×
  Danny Benitez and Herbert Lanis Pippin, Sr. were convicted of breaking and entering with intent to commit grand larceny and grand larceny. They appealed thirteen assignments of error, but the appellate court found no reversible error and affirmed their convictions and ten-year se
• Freeman v. State
  97 So. 2d 633· Fla. 3d DCA· 1957-10-15 ·cited 6×
  The court held that the trial court did not err in admitting insurance policies or excluding testimony about prior acts of violence, as the evidence was either irrelevant to the conviction or too remote given the intervening reconciliation.
• Cereste v. The NEW York
  231 F.2d 50· 2d Cir.· 1956-03-01 ·cited 6×
  The court held that evidence of past negligence and safety complaints was admissible to support a jury verdict for the plaintiff, and that the trial judge did not abuse discretion in admitting such evidence.
• Beach v. United States
  149 F.2d 837· D.C. Cir.· 1945-06-18 ·cited 6×
  The court held that the grounds for reversal urged by the appellant were without merit, affirming the conviction.
• United States v. Molzahn
  135 F.2d 92· 2d Cir.· 1943-04-02 ·cited 6×
  The court held that substantial evidence supported the jury's verdict that Molzahn knowingly participated in a conspiracy to transmit national defense information, and that the trial court did not err in admitting evidence or conducting the trial.
• Moore v. United States
  123 F.2d 207· 5th Cir.· 1941-11-06 ·cited 6×
  The court held that the admission of inadmissible hearsay evidence regarding the defendant's reputation and the denial of the defendant's right to present rebuttal character witnesses constituted prejudicial error.
• Adkinson v. State
  48 Fla. 1· Fla.· 1904-06-01 ·cited 6×
  Charles Adkinson was convicted of breaking and entering a dwelling with intent to commit a misdemeanor. The Florida Supreme Court reversed his conviction, finding the trial court committed reversible error by allowing improper cross-examination of a defense witness that served on
• United States v. Fey
  89 F.4th 903· 11th Cir.· 2023-12-28 ·cited 5×
  The court affirmed the convictions, holding that any error in admitting evidence of Fey's solicitation of a witness murder was harmless, the denial of a spoliation instruction was not plain error, and the admission of testimony about a coconspirator's death was harmless.
• Johnson v. State
  108 So. 3d 707· Fla. 5th DCA· 2013-03-01 ·cited 5×
  Johnson appealed his conviction for aggravated battery, challenging the trial court's exclusion of character-for-truthfulness evidence regarding the victim. The Fifth District affirmed, holding that the trial court properly excluded the testimony because the witness failed to est
• Gland v. State
  72 So. 3d 216· Fla. 2d DCA· 2011-10-05 ·cited 5×
  The court held that while admitting a tattoo as evidence of guilt and the State's argument thereon was error, it was harmless. The court also held that an erroneous jury instruction on manslaughter by act was not fundamental error when a correct instruction on manslaughter by cul
• Schofield v. State
  67 So. 3d 1066· Fla. 2d DCA· 2011-07-01 ·cited 5×
  Leo Schofield appeals the denial of his motion for postconviction relief based on newly discovered evidence—the identification of fingerprints found in his murdered wife's car as belonging to Jeremy Scott. The court affirmed the denial, holding that while the fingerprint identifi
• In re Commitment OF George DeBOLT. George DeBolt v. State
  19 So. 3d 335· Fla. 2d DCA· 2009-03-04 ·cited 5×
  The court held that the trial court abused its discretion by allowing the State to question an expert witness about a past disciplinary matter, as this improperly attacked the witness's credibility.
• Yaite Gonzalez-Valdes v. State
  834 So. 2d 933· Fla. 3d DCA· 2003-01-22 ·cited 5×
  Yaite Gonzalez-Valdes appeals her second-degree murder conviction for shooting her live-in boyfriend, claiming trial court errors in denying her mistrial motion, admitting testimony about the victim's non-abusive history, and permitting improper prosecution remarks. The appellate
• Sparks v. Gilley Trucking Co.
  992 F.2d 50· 4th Cir.· 1993-04-21 ·cited 5×
  The admission of prior speeding tickets was not an abuse of discretion, as they were relevant to proving intent to race.
• Gore v. Dugger
  763 F. Supp. 1110· M.D. Fla.· 1989-08-17 ·cited 5×
  The court held that the trial court erred by precluding mitigating evidence regarding Petitioner's drug and alcohol abuse and cousin's dominance, violating the Eighth Amendment, and granted a new sentencing hearing on that claim.
• McCLAIN v. State
  516 So. 2d 53· Fla. 2d DCA· 1987-12-02 ·cited 5×
  The court held that the victim's statement, implying prior criminal activity by the defendant, constituted inadmissible character evidence and was not harmless error given the minimal direct evidence.
• Bright v. Shimoda
  819 F.2d 227· 9th Cir.· 1987-06-05 ·cited 5×
  The court held that the trial judge committed constitutional error by precluding inquiry into the witness's knowledge of the victim's specific violent conduct during cross-examination.
• Holmes v. State
  91 So. 3d 859· Fla. 1st DCA· 2012-02-14 ·cited 4×
  Cameron Holmes appeals his manslaughter and concealed weapon conviction, challenging the trial court's denial of motions in limine to exclude evidence of his drug dealing activities. The Florida appellate court affirmed, holding that evidence of Holmes's drug dealing was inextric
• Welch v. State
  940 So. 2d 1244· Fla. 2d DCA· 2006-11-03 ·cited 4×
  The court held that it was error to allow the State to question a witness on direct examination about her lack of felony charges, but this error was harmless.
• Stefan A. Armstrong v. State
  931 So. 2d 187· Fla. 5th DCA· 2006-06-09 ·cited 4×·via Improper Character Evidence
  Armstrong was convicted of robbery and sentenced as a habitual offender to 30 years imprisonment. The Fifth District Court of Appeal reversed the conviction, finding that the trial court committed reversible error by admitting Armstrong's statement to law enforcement made during
• Moises Alvelo v. State
  769 So. 2d 476· Fla. 5th DCA· 2000-10-13 ·cited 4×
  Affirmed conviction for lewd acts upon a child; trial court properly excluded evidence of victim's father's violent nature as hearsay and properly excluded character evidence regarding appellant's reputation for not committing such offenses.
• Daley v. State
  760 So. 2d 217· Fla. 4th DCA· 2000-05-10 ·cited 4×
  The court held that testimony from an undercover officer regarding the general practices of drug sellers is inadmissible and prejudicial.
• Chambers v. State
  742 So. 2d 839· Fla. 3d DCA· 1999-09-13 ·cited 4×
  Lawrence Vincent Chambers was convicted of burglary with assault/battery of an occupied dwelling while armed and armed robbery. The Florida District Court of Appeal reversed and remanded for a new trial because the trial court committed reversible error by admitting out-of-court
• Corpus v. State
  718 So. 2d 1266· Fla. 2d DCA· 1998-10-09 ·cited 4×
  Andrew Corpus was convicted of attempted capital sexual battery and lewd and lascivious behavior based on allegations by a 10-year-old boy. The Florida appellate court reversed the conviction because the trial court improperly admitted evidence of similar acts involving a differe