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

• Elliott v. State
  267 So. 3d 1061· Fla. 1st DCA· 2019-02-27
  The trial court properly summarily denied Elliott's postconviction motion for relief because all claims of ineffective assistance of counsel and cumulative error were either facially insufficient or conclusively refuted by the record.
• Lantz v. State
  263 So. 3d 279· Fla. 1st DCA· 2019-02-05 ·via Admissibility Of Character Evidence
  Justin David Lantz was convicted of first-degree premeditated murder for killing his mother, Robin Susan Lantz, by strangulation and blunt force trauma. Lantz appealed on three grounds: exclusion of victim intoxication evidence, denial of a modified jury instruction on premeditat
• Trussell v. State
  256 So. 3d 935· Fla. 1st DCA· 2018-08-24 ·via Improper Character Evidence
  A defendant charged with falsely acting as a public officer "in connection with or relating to" filing fraudulent legal documents may be convicted based on evidence of deceptive acts taken to facilitate that filing, even if the prosecution's closing argument emphasizes those prel
• Kizzie Shanika Styles v. State
  217 So. 3d 1042· Fla. 4th DCA· 2017-04-19
  The trial court did not abuse its discretion in excluding evidence of the victim's reputation for violence because the defendant did not assert self-defense.
• In & for Kent Cnty. Betty Baker
  Del. Super. Ct.· 2015-10-26
  The court granted the defendant's motion in limine to suppress the defendant's driving record, finding that it constituted inadmissible character evidence under Delaware Uniform Rule of Evidence 404(b) and risked unfair prejudice. The court also granted the defendant's motion to
• Jacobs v. Atl. Coast Ref., Inc.
  165 So. 3d 714· Fla. 4th DCA· 2015-05-13
  Victoria Jacobs appealed a civil theft judgment against her brought by Atlantic Coast Refining. The Fourth District Court of Appeal reversed the judgment, finding that the trial court erred by admitting evidence of unproven allegations from a prior, unrelated lawsuit against Jaco
• Carver Middle Sch. Gay-Straight Alliance v. Sch. Bd.
  M.D. Fla.· 2014-03-06
  The court held that the Alliance likely would not succeed on its Equal Access Act claim due to Florida's lack of a statutory definition for 'secondary school,' and that the school's rejection of the Alliance's club application was likely permissible under the Hazelwood standard f
• McCRAY v. State
  126 So. 3d 1246· Fla. 1st DCA· 2013-11-15
  Florida appellate court reversed convictions for aggravated battery, kidnapping, and sexual battery due to admission of prejudicial collateral crime evidence and an irrelevant cell phone photograph, though it affirmed denial of acquittal motions.
• Loureiro v. State
  133 So. 3d 948· Fla. 4th DCA· 2013-10-09
  Omar Loureiro appeals his conviction for first-degree murder, challenging the admissibility of his second confession given after abbreviated Miranda warnings and the trial court's admission of evidence regarding the victim's reputation for peacefulness. The court reversed and rem
• In re a Member
  Del.· 2012-09-25 ·via Character Or Reputation
  The Supreme Court of Delaware approved the Board on Professional Responsibility's findings of violations by Respondent Mark D. Sisk but disagreed with the recommended sanctions. The Court concluded that Sisk's violations were knowing and, despite mitigating factors, imposed a sus
• McDUFFIE v. State
  72 So. 3d 774· Fla. 5th DCA· 2011-08-12
  Roy Lee McDuffie appealed his convictions for two counts of first-degree murder, robbery with a firearm, and false imprisonment with a firearm, raising five trial issues. The Florida Fifth District Court of Appeal affirmed his convictions and sentences, finding harmless error in
• In re a Member of the Bar of the Supreme
  Del.· 2010-09-22 ·via Character Or Reputation
  The Court approved the Board on Professional Responsibility's Report and Recommendation of Sanctions, suspending the Respondent attorney for one year, to run retroactively from the date he was transferred to disability inactive status. The Respondent was also ordered to pay the c
• Aguiluz v. State
  43 So. 3d 800· Fla. 3d DCA· 2010-08-18
  Felix Aguiluz appeals his conviction for second-degree murder with a deadly weapon, challenging the trial court's admission of evidence regarding prior incidents showing motive and intent toward the victim. The appellate court affirms, finding the evidence properly admissible und
• Locascio v. State
  34 So. 3d 70· Fla. 3d DCA· 2010-03-24
• Michaels
  Del.· 2009-03-17
  The Delaware Supreme Court affirmed the Superior Court's judgments, holding that the trial court did not abuse its discretion in denying motions for a mistrial based on the introduction of a "teardrop tattoo" and a prosecutor's proximity to a defendant while holding a weapon. The
• Jackson Denis v. State
  994 So. 2d 1152· Fla. 3d DCA· 2008-07-16 ·via Bad Character Evidence
  Jackson Denis appeals his convictions for attempted first-degree murder with a firearm, armed burglary, and armed false imprisonment. The primary issue on appeal concerns whether the trial court improperly limited cross-examination of the victim regarding his background as a drug
• McKinley
  Del.· 2008-03-31
  The Delaware Supreme Court affirmed the conviction for second-degree murder, holding that the evidence was sufficient to establish the "cruel, wicked and depraved indifference to human life" required for the charge. The court rejected the defendant's arguments that his conduct di
• Hunter v. State
  973 So. 2d 1174· Fla. 1st DCA· 2007-12-31
  The court held that the trial court erred in denying the motion to suppress the defendant's statement, denying a motion for mistrial based on a comment on the defendant's right to remain silent, and denying a motion for mistrial based on a prosecutor's question implying involveme
• Hoffman v. State
  953 So. 2d 643· Fla. 3d DCA· 2007-03-28
  The trial court erred in excluding evidence of the defendant's reputation for peacefulness, as the witness's familiarity with the defendant and the community was a sufficient foundation.
• Glancy v. State
  941 So. 2d 1201· Fla. 2d DCA· 2006-11-15 ·via Bad Character Evidence
  Wendell Lee Glancy appeals the denial of his postconviction relief motion after being convicted of burglary with battery. The appellate court found that his trial counsel provided deficient performance by eliciting damaging character evidence during cross-examination without atte
• Chacon v. State
  937 So. 2d 1177· Fla. 3d DCA· 2006-09-06
  Luis Angel Chacon appeals his convictions for aggravated battery with a deadly weapon, attempted aggravated battery, and aggravated stalking arising from an incident where he attempted to run over his former paramour and her family members with a car. The appellate court affirms
• Watkins v. State
  933 So. 2d 1294· Fla. 4th DCA· 2006-08-02 ·via Admissibility Of Character Evidence
  Mitchell Watkins was convicted of drug trafficking, drug possession, firearm possession during felony, and driving with suspended license. On appeal, the Fourth District reversed and remanded for a new trial because the trial court erroneously prohibited Watkins from testifying t
• State of Del. v. St. Louis
  Del. Super. Ct.· 2004-07-20
  The court denied the defendant's motion for postconviction relief and motion for appointment of counsel. The court found that most of the defendant's claims were procedurally barred under Superior Court Criminal Rule 61. The remaining claims, alleging ineffective assistance of co
• MacDonald
  Del.· 2003-01-02
  The Delaware Supreme Court affirmed the defendant's conviction for first-degree murder. The court held that the trial judge did not err in denying the defendant's motions for a mistrial, nor did the court err in its evidentiary rulings. The defendant's arguments regarding the pro
• Williams v. State
  811 So. 2d 672· Fla. 5th DCA· 2001-09-28
  Florida appellate court affirmed conviction for aggravated assault with a firearm, aggravated fleeing and eluding, and firearm possession by convicted felon, holding that prior trial testimony was properly admitted under unavailability exception and that a witness statement about
• Addison v. Forest Serv. of the U.S. Dep't of Agric.
  M.D. Fla.· 2000-07-17
  The court held that the plaintiff's claim for permanent injunctive relief was moot because the Forest Service adopted a new policy that complied with the preliminary injunction, and there was no reasonable expectation the violation would recur.
• Dorn v. Singletary
  1998 U.S. Dist. LEXIS 17834· M.D. Fla.· 1998-11-06
  The federal court denied Petitioner's habeas corpus petition, finding all grounds procedurally barred or without merit.
• Jenkins v. State
  697 So. 2d 228· Fla. 4th DCA· 1997-07-30 ·via Bad Character Evidence
  Paul Wesley Jenkins was convicted of first-degree murder after a jury trial. The appellate court affirmed his conviction, holding that testimony about Jenkins' threat to an eyewitness was properly admitted as evidence of consciousness of guilt and to rebut his self-defense claim,
• Gallegos v. State
  695 So. 2d 1273· Fla. 5th DCA· 1997-06-20 ·via Bad Character Evidence
  Keith Gallegos was convicted of sexual activity with a child while in a position of familial authority as the victim's stepfather. On appeal, he challenged his counsel's ineffectiveness for failing to object to certain evidence and jury instructions, but the court found no error
• Guthrie v. State
  637 So. 2d 35· Fla. 2d DCA· 1994-05-11
  The court held that evidence of a homosexual relationship was admissible to show motive for murder, and even if improperly admitted, the issue was not preserved for appeal.
• Russell v. Collins
  998 F.2d 1287· 5th Cir.· 1993-08-13
  The court held that the petitioner's mitigating evidence was either cognizable under the Texas special issues, barred by non-retroactivity, or not constitutionally relevant, and that the jury had sufficient evidence to infer individual culpability, thus affirming the denial of th
• Blankenship & Assocs., Inc. v. Nat'l Labor Relations Bd.
  999 F.2d 248· 7th Cir.· 1993-07-15
  The court held that the National Labor Relations Board could issue a broad cease and desist order against a labor consultant for unfair labor practices, even if the consultant had not been a respondent in prior similar cases.
• United States v. Gatto
  995 F.2d 449· 3d Cir.· 1993-05-18
  The court held that evidence of a defendant's courtroom conduct, including intimidating looks at a witness and the presence of an associate, is admissible under Federal Rule of Evidence 404(b) to show consciousness of guilt, and prosecutorial comments on such evidence are permiss
• Allene Gates v. Rivera
  993 F.2d 697· 9th Cir.· 1993-05-18
  The court held that evidentiary rulings, even if erroneous, were either correct, harmless error, or did not affect the jury's verdict.
• United States v. Mason
  993 F.2d 406· 4th Cir.· 1993-05-17
  The court held that cross-examining character witnesses with guilt-assuming hypothetical questions was improper and, given the weakness of the evidence, constituted reversible error.
• United States v. Jeffrey Irwin Bakke (90-1978)
  942 F.2d 977· 6th Cir.· 1991-08-23
  The court held that the admission of evidence concerning a defendant's subsequent arrest and drug-related activities was prejudicial error under Federal Rule of Evidence 404(b) because it was not relevant to the charged conspiracy. However, the court affirmed the convictions of o
• Warren v. State
  577 So. 2d 682· Fla. 1st DCA· 1991-04-04
  The court held that evidence of the victim's cocaine use and withdrawal symptoms was relevant to the defendant's self-defense claim and should have been admitted.
• United States v. McCOURT
  925 F.2d 1229· 9th Cir.· 1991-02-25
  Federal Rule of Evidence 404(b) applies to evidence of prior acts of third parties, not just the accused, when offered to prove character or conformity therewith.
• Dupont v. State
  556 So. 2d 457· Fla. 4th DCA· 1990-01-31
  David DuPont was convicted of battery arising from a fistfight with the victim. The Fourth District Court of Appeal reversed the conviction because the trial court improperly admitted rebuttal testimony about an unrelated verbal threat DuPont allegedly made in an elevator months
• Todorovich v. Wolfner
  555 So. 2d 372· Fla. 3d DCA· 1989-10-17
• Renney v. State
  543 So. 2d 420· Fla. 5th DCA· 1989-05-18
  Earl Renney was convicted of sexual activity with a child by a person in familial authority. The appellate court reversed and remanded for a new trial, finding that cumulative prosecutorial misconduct during voir dire and trial, including inflammatory questioning about the defend
• Bolton v. Tesoro Petroleum Corp.
  871 F.2d 1266· 5th Cir.· 1989-04-24
  The appellate court affirmed the jury's defense verdict on all claims, finding no reversible error in the jury instructions, rulings on evidence, or handling of jury tampering allegations. The court modified the award of costs related to daily trial transcripts, reducing the numb
• Hepler v. State
  510 So. 2d 1006· Fla. 4th DCA· 1987-07-15
  Florida appellate court reversed grand theft conviction because trial court improperly admitted character evidence of prior employment misrepresentations in violation of Florida's character evidence rule.
• Reeves v. State
  493 So. 2d 78· Fla. 4th DCA· 1986-08-27
  Florida appellate court reversed a robbery conviction because victim testimony about defendant's reputation for robbery was improperly admitted without defendant having put his character in issue, and remanded for new trial due to insufficient evidence of property theft.
• Dragovich v. State
  492 So. 2d 350· Fla.· 1986-05-29
  Alexander Dragovich was convicted of first-degree murder, armed robbery, and armed burglary in a contract killing case. The Florida Supreme Court affirmed the murder conviction and robbery/burglary sentences but reversed the death sentence and remanded for resentencing because re
• Proctor v. State
  447 So. 2d 448· Fla. 3d DCA· 1984-03-27
  The court held that admitting a photograph of the defendant taken at arrest was error, but harmless error.
• United States v. Saldivar
  710 F.2d 699· 11th Cir.· 1983-07-25
  The court held that the joinder of father and son for trial was proper, evidence previously used for a conspiracy count was admissible, character evidence restrictions were harmless, cross-examination and closing arguments were permissible, sufficiency of evidence supported convi
• United States v. Basic Constr. Co.
  711 F.2d 570· 4th Cir.· 1983-06-27
• United States v. Cauley
  697 F.2d 486· 2d Cir.· 1983-01-05
  The court held that the trial judge did not commit reversible error in admitting evidence of the defendant's prior fights during cross-examination, nor in jury instructions or denial of self-representation.
• Hodge v. State
  419 So. 2d 346· Fla. 2d DCA· 1982-08-04
  The court held that similar fact testimony of prior sexual battery on another child was admissible to prove lack of consent and establish a pattern of criminality.