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

• Dixon v. State
  630 So. 2d 1242· Fla. 3d DCA· 1994-02-01 ·cited 4×
  John Dixon appeals his conviction for trafficking in heroin and resisting an officer, challenging the trial court's denial of his mistrial motion based on an officer's statement "you're at it again." The Florida District Court of Appeal affirmed the conviction, finding no abuse o
• Augustas J. Rawls v. State
  624 So. 2d 757· Fla. 1st DCA· 1993-09-14 ·cited 4×
  Rawls was convicted of sexual battery on a nine-year-old boy. The appellate court affirmed the admission of similar-fact evidence from three collateral-crime witnesses involving other boys, but reversed and remanded because the trial court erroneously instructed the jury that suc
• United States v. Lambert
  995 F.2d 1006· 10th Cir.· 1993-06-14 ·cited 4×
  The court held that the trial court did not abuse its discretion in admitting evidence of preliminary discussions about the robbery, and that a sentencing enhancement for a threat made by a co-perpetrator was appropriate because it was reasonably foreseeable.
• United States v. Gilliam
  994 F.2d 97· 2d Cir.· 1993-06-02 ·cited 4×
  A stipulation of a prior conviction, while carrying a risk of unfair prejudice, is admissible under Rule 403 because its probative value substantially outweighs that risk.
• Cantero v. State
  612 So. 2d 634· Fla. 2d DCA· 1993-01-13 ·cited 4×
  David Erick Cantero appeals his armed robbery conviction, challenging the prosecutor's references to his prior jail appearance for probation violations and unrelated crimes. The court found these references highly prejudicial, lacking probative value and denying Cantero a fair tr
• United States v. Reed
  977 F.2d 14· 1st Cir.· 1992-10-05 ·cited 4×
  The court affirmed the conviction, holding that the defendant waived his objection to the admissibility of prior conviction evidence by failing to make a timely objection and that the jury reasonably found no entrapment.
• United States v. Sanders
  964 F.2d 295· 4th Cir.· 1992-04-29 ·cited 4×
  The court held that admitting evidence of prior similar convictions for assault and contraband possession was an abuse of discretion under Federal Rules of Evidence 609(a) and 404(b), and this error was prejudicial to the assault conviction but harmless to the contraband possessi
• Hernandez v. State
  595 So. 2d 1041· Fla. 3d DCA· 1992-03-10 ·cited 4×
  The court held that the detective's testimony, based on anecdotal experience and potentially referencing past crimes, should not have been admitted into evidence.
• United States v. Piccinonna
  729 F. Supp. 1336· S.D. Fla.· 1990-02-07 ·cited 4×
  The court held that the 1985 polygraph test results were inadmissible as irrelevant under Federal Rule of Evidence 402 and alternatively inadmissible under Federal Rule of Evidence 608, thus reinstating the original conviction.
• United States v. Delano Anthony Roberts
  887 F.2d 534· 5th Cir.· 1989-10-19 ·cited 4×
  The court affirmed the conviction, holding that while the exclusion of expert psychological testimony regarding the defendant's personality traits was improper, the error was harmless because it would not have changed the outcome of the trial.
• Krieger v. Gold Bond Bldg. Prods.
  863 F.2d 1091· 2d Cir.· 1988-12-19 ·cited 4×·via Admissibility Of Character Evidence
  The court held that the enhancement of attorney's fees was unwarranted, but affirmed the district court's findings of gender discrimination and liability.
• United States v. Farrell Begay
  833 F.2d 900· 10th Cir.· 1987-11-23 ·cited 4×
  The court held that an involuntary manslaughter instruction is permissible even when self-defense is raised, and that the prosecutor's questions about prior legal issues were not prejudicial enough to warrant a mistrial.
• United States v. Sazenski
  833 F.2d 741· 8th Cir.· 1987-11-16 ·cited 4×
  The court held that the trial judge's jury instructions did not impermissibly amend the indictment, and any misjoinder of defendants was harmless error.
• Duffell v. S. Walton Emergency Servs., Inc.
  501 So. 2d 1352· Fla. 1st DCA· 1987-01-26 ·cited 4×
  The trial court erred in admitting evidence of the appellant's prior drug use, as its probative value was substantially outweighed by the danger of unfair prejudice, and the error was not invited or waived. Furthermore, the admission of hearsay statements from a traffic accident
• Felder v. State
  496 So. 2d 215· Fla. 1st DCA· 1986-10-21 ·cited 4×·via Improper Character Evidence
• Hudak v. State
  457 So. 2d 594· Fla. 4th DCA· 1984-10-17 ·cited 4×
  The court held that the trial court committed reversible error by refusing to give requested jury instructions on self-defense and character evidence, and by excluding evidence of the victim's propensity for violence.
• Peeler v. Wyrick
  734 F.2d 378· 8th Cir.· 1984-05-15 ·cited 4×
  The court held that even if witness intimidation occurred, its impact was harmless error given the overwhelming evidence of guilt, thus affirming the denial of the habeas corpus petition.
• United States v. Booker
  706 F.2d 860· 8th Cir.· 1983-05-11 ·cited 4×
  The government is not required to accept a defendant's stipulation to a prior felony conviction in lieu of proving that element of the case, even if the prior conviction is similar to the current charge.
• United States v. Petsas
  592 F.2d 525· 9th Cir.· 1979-01-11 ·cited 4×
  The court held that the district court did not err in denying the defendant's motions to dismiss the indictment, denying a continuance, and permitting the impeachment of a government witness.
• Clingan v. State
  317 So. 2d 863· Fla. 2d DCA· 1975-08-20 ·cited 4×·via Bad Character Evidence
  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.
• United States v. Agurs
  520 F.2d 82· D.C. Cir.· 1975-08-06 ·cited 4×
  The court denied the suggestion for rehearing en banc, with separate statements from judges voting for and against.
• Rolle v. State
  314 So. 2d 167· Fla. 3d DCA· 1975-06-10 ·cited 4×
  Defendant Rolle was convicted of second-degree murder and sentenced to 25 years. On appeal, he challenged the trial court's limitation of testimony regarding the victim's prior acts of violence. The appellate court affirmed, holding that while specific prior acts of violence know
• Beagles v. State
  273 So. 2d 796· Fla. 1st DCA· 1973-03-06 ·cited 4×
  The trial court committed reversible error by admitting numerous gruesome photographs of the victim and irrelevant evidence of prior bad acts, and by allowing prejudicial arguments not supported by evidence.
• United States v. Isaac
  449 F.2d 1040· D.C. Cir.· 1971-06-02 ·cited 4×
  The dissent argues that admitting evidence of a prior offense for impeachment was improper due to the accumulation of factors, and that the defendant's sentence may have been impermissibly influenced by his decision to go to trial and testify.
• United States v. Dean
  435 F.2d 1· 6th Cir.· 1970-11-30 ·cited 4×
  The court held that the government's trial tactics, including eliciting testimony about the defendant's possession of a large amount of cash and his illicit living situation, were improper and prejudicial, warranting reversal.
• Klopp v. Sec. & Exch. Comm'n
  427 F.2d 455· 6th Cir.· 1970-06-05 ·cited 4×
  The court held that the SEC's finding of willful violation was not supported by substantial evidence, reversing the SEC's order barring the petitioner from the securities industry.
• Amos Lane Bridges v. United States
  376 F.2d 22· 5th Cir.· 1967-04-20 ·cited 4×
  The court held that the trial judge properly instructed the jury to disregard the prosecutor's opening statement and that the evidence supported the conviction under the Mann Act.
• United States v. H. Wool & Sons, Inc.
  215 F.2d 95· 2d Cir.· 1954-07-27 ·cited 4×·via Cross-Examination Of Character Witnesses
  The court held that the defendants' conviction for misbranding food was proper, as knowledge of the interstate origin of the food or its underweight status was not required, and any error in cross-examining character witnesses was not prejudicial.
• United States v. Latin
  139 F.2d 569· 2d Cir.· 1943-12-20 ·cited 4×
  The court held that the evidence was sufficient to support the jury's verdict of conviction for conspiracy and that certain evidentiary rulings did not constitute reversible error.
• Tulio Arias v. State
  20 So. 3d 980· Fla. 3d DCA· 2009-10-21 ·cited 3×
  Tulio Arias appealed his manslaughter conviction, challenging the trial court's exclusion of toxicology evidence showing the victim had a .21 blood alcohol level and cocaine in his system. The court reversed and remanded for a new trial, finding the exclusion improper when the de
• Williams v. State
  10 So. 3d 218· Fla. 3d DCA· 2009-04-22 ·cited 3×
  Ronald Williams was convicted of attempted first and second degree murder. The Florida District Court of Appeal affirmed his convictions despite finding that the prosecutor made improper statements during closing argument, because the error was harmless in light of overwhelming e
• Pintado v. State
  970 So. 2d 857· Fla. 3d DCA· 2007-11-14 ·cited 3×
  Raul Pintado appeals the revocation of his probation for alleged violations including stabbing his girlfriend and driving a stolen truck. The trial court excluded defense witnesses listed on the day of the hearing due to a discovery violation, and Pintado challenges this as a vio
• Shawnya Jones v. Southern Pacific Railroad
  962 F.2d 447· 5th Cir.· 1992-05-27 ·cited 3×
  The court held that the district court did not err in excluding evidence of the engineer's prior safety infractions and in denying a written copy of jury instructions.
• LEE v. State
  566 So. 2d 264· Fla. 1st DCA· 1990-05-14 ·cited 3×
  Lee appeals his conviction for kidnapping, sexual battery with a deadly weapon, robbery with a firearm, and firearm possession by a felon following retrial. The court reverses because the trial court improperly allowed evidence of a collateral bank robbery to impeach Lee's testim
• Wisinski v. State
  508 So. 2d 504· Fla. 4th DCA· 1987-06-10 ·cited 3×
  James Wisinski appealed his conviction, claiming the trial court erred by excluding character evidence regarding his reputation for truth and veracity. The Fourth District affirmed the conviction, holding that the reputation testimony was properly excluded because it was based on
• Matlock v. State
  284 So. 2d 489· Fla. 2d DCA· 1973-09-14 ·cited 3×
  Ronald Matlock was convicted by jury of assault with intent to commit murder in the second degree following a confrontation with Tarpon Springs police officers. He appeals arguing the state improperly injected evidence of narcotic involvement to attack his character and that the
• Burgess v. State
  324 So. 3d 582· Fla. 1st DCA· 2021-07-16 ·cited 2×
  Sylvester Jerome Burgess was convicted of sexual battery of a child under twelve and sentenced to life in prison. On appeal, he challenged the admission of child-hearsay statements and collateral-crime evidence. The Florida First District Court of Appeal affirmed the conviction,
• The Florida Bar v. Altman
  294 So. 3d 844· Fla.· 2020-05-07 ·cited 2×·via Character Or Reputation
  The Florida Bar disciplined attorney Rita Horwitz Altman for failing to timely respond to multiple official Bar inquiries and misrepresenting facts to minimize her culpability. The court approved the referee's findings of guilt but rejected the recommended public reprimand and pr
• Tyee Martele Spike v. State
  251 So. 3d 1017· Fla. 2d DCA· 2018-07-27 ·cited 2×
  A police officer's testimony that he is familiar with a resident of an area where the officer works does not, by itself, reasonably imply a prior bad act by that person. Any error in admitting the detective's testimony about knowing Spike was harmless beyond a reasonable doubt wh
• Oyler v. State
  162 So. 3d 200· Fla. 5th DCA· 2015-02-06 ·cited 2×
  John Houston Oyler was convicted of using a computer to lure a minor and related offenses after a police sting operation. The Florida District Court of Appeal reversed and remanded for a new trial, holding that the trial court erred by denying an entrapment jury instruction as a
• Jerrold Stewart v. State
  147 So. 3d 119· Fla. 1st DCA· 2014-08-22 ·cited 2×·via Bad Character Evidence
  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
• Troy v. Sec'y, Fla. Dep't OF Corr., Attorney Gen., State of Fla.
  763 F.3d 1305· 11th Cir.· 2014-08-15 ·cited 2×
  John Troy, a Florida death row inmate, sought federal habeas relief challenging the trial court's exclusion of testimony from a corrections officer about general prison conditions for life-sentenced inmates, arguing the exclusion violated his Eighth and Fourteenth Amendment right
• Jackson v. Albright
  120 So. 3d 37· Fla. 4th DCA· 2013-07-24 ·cited 2×
  The Estate of Kim Douglas appealed a defense verdict in a personal injury case arising from a 2001 car collision, challenging the trial court's admission of evidence regarding a prior settlement to rebut Douglas's testimony about lack of funds for medical treatment. The court aff
• Freeman v. State
  1 So. 3d 373· Fla. 5th DCA· 2009-01-30 ·cited 2×
  Joseph Scott Freeman appeals his convictions for aggravated stalking, kidnapping with a weapon, violation of a domestic violence injunction, and violation of probation following a seven-day multi-state abduction of his ex-girlfriend Karen Kummerer. The Florida Fifth District Cour
• Reyes v. State
  976 So. 2d 1169· Fla. 1st DCA· 2008-03-18 ·cited 2×·via Bad Character Evidence
  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. Lowe's Home Ctrs., Inc.
  973 So. 2d 1180· Fla. 5th DCA· 2008-01-04 ·cited 2×
  The Williamses sued Lowe's for injuries from a circular saw, but lost at trial after improper cross-examination elicited evidence of a prior personal injury settlement and the plaintiff's fourteen-year-old cocaine addiction. The appellate court affirmed the judgment despite findi
• Valgean D. Britton v. State
  928 So. 2d 386· Fla. 5th DCA· 2006-04-07 ·cited 2×·via Cross-Examination Of Character Witnesses
  A trial court does not abuse its discretion by excluding evidence of a victim's prior acts of violence when the evidence is remote in time, lacks connection to the crime charged, and the defendant provides no evidence that she was aware of or influenced by the specific incident a
• Sterling Casino Lines, L.P. v. Plowman-Render
  902 So. 2d 938· Fla. 5th DCA· 2005-06-03 ·cited 2×
  Sterling Casino Lines appeals a judgment for a passenger injured on one of its cruise ships, arguing the trial court abused its discretion by admitting irrelevant character evidence about Sterling's key witness (an EMT) that unfairly prejudiced the jury against Sterling's defense
• Nieves v. State
  849 So. 2d 435· Fla. 3d DCA· 2003-07-16 ·cited 2×
  The court held that the trial court did not err in limiting cross-examination regarding a witness's probationary status and in excluding defense witness testimony, nor in denying the admission of character evidence.
• Randle v. State
  820 So. 2d 418· Fla. 3d DCA· 2002-07-03 ·cited 2×
  Evidence of a prior similar offense is admissible under Florida's Williams Rule to counter a defendant's allegation that arresting officers fabricated evidence and framed him by lying about his participation in the charged crime.