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

• Barnes v. United States
  365 F.2d 509· D.C. Cir.· 1966-05-03 ·cited 89×
  The court held that the admission of "mug shots" was not reversible error, as the defense had effectively opened the door to their introduction and their probative value outweighed any potential prejudice.
• Tanzi v. State
  964 So. 2d 106· Fla.· 2007-05-10 ·cited 88×
  Michael Tanzi was convicted of first-degree murder and sentenced to death for kidnapping, robbing, sexually assaulting, and strangling Janet Acosta in April 2000. The Florida Supreme Court affirmed his conviction and death sentence, rejecting six appellate claims including challe
• Kruse v. State
  483 So. 2d 1383· Fla. 4th DCA· 1986-02-05 ·cited 88×·via Cross-Examination Of Character Witnesses
  Frank Kruse appeals his convictions for lewd and indecent assault on a child, challenging the admission of expert testimony regarding Post Traumatic Stress Syndrome (PTSD) in the victim. While the court upheld the admissibility of the PTSD expert testimony, it reversed and remand
• Lowder v. State
  589 So. 2d 933· Fla. 3d DCA· 1991-10-08 ·cited 87×
  Alvin Lowder was convicted of cocaine possession with intent to sell within 1000 feet of a school. The Third District Court of Appeal reversed and remanded for a new trial, holding that two categories of police testimony were improper and prejudicial: characterization of the arre
• United States v. Gwaltney
  790 F.2d 1378· 9th Cir.· 1986-06-02 ·cited 87×
  The court held that the sentencing judge lacked statutory authority to set a parole ineligibility term longer than ten years, as this would circumvent the Congressional scheme of shared authority with the Parole Commission.
• United States v. Harrell
  737 F.2d 971· 11th Cir.· 1984-07-30 ·cited 87×
  The court held that the evidence was insufficient to support Hawkins' conviction on the Travel Act charge (Count Three), reversing that conviction, but affirmed all other convictions and rulings.
• United States v. Deral Gene Holman
  680 F.2d 1340· 11th Cir.· 1982-07-22 ·cited 87×
  The court held that the trial judge did not abuse his discretion in conducting the voir dire, admitting evidence of prior similar acts, or limiting cross-examination, as the procedures followed and evidence admitted were permissible under the Federal Rules of Evidence and relevan
• United States v. Fontenot
  483 F.2d 315· 5th Cir.· 1973-08-14 ·cited 87×
  The court held that the evidence was sufficient to support the conspiracy convictions and that the jury instructions, while not perfect, did not constitute plain error. The cross-examination of a defense witness and the issue of undisclosed plea bargaining were also found to be w
• United States v. Masino
  275 F.2d 129· 2d Cir.· 1960-02-18 ·cited 86×
  The court held that restricting cross-examination of government witnesses and admitting improper rebuttal testimony, combined with refusing requested jury instructions, constituted substantial errors requiring reversal.
• Gaunt v. United States
  184 F.2d 284· 1st Cir.· 1950-07-28 ·cited 86×
  Filing a false and fraudulent tax return can constitute a wilful attempt to evade taxes under 26 U.S.C. § 145(b), and a conviction may be sustained under a statute not cited in the indictment if the defendant was not misled.
• Banning v. United States
  130 F.2d 330· 6th Cir.· 1942-08-28 ·cited 85×
  The court held that the admission of evidence concerning prior offenses and the circumstances of appellants' arrests was proper, as it was relevant to proving the conspiracy, the appellants' intent, and their credibility as witnesses. The court also found that any errors made by
• Bloch v. United States
  221 F.2d 786· 9th Cir.· 1955-04-11 ·cited 84×
  The court held that the trial court's jury instructions on the element of 'willfulness' for tax evasion were erroneous and constituted plain error, requiring reversal.
• United States v. Earnest Jackson, Jr.
  588 F.2d 1046· 5th Cir.· 1979-02-02 ·cited 82×·via Admissibility Of Character Evidence
  The court held that non-electronic eavesdropping from an adjacent motel room does not violate the Fourth Amendment, but reversed the possession conviction due to insufficient evidence.
• United States v. O'Connor
  580 F.2d 38· 2d Cir.· 1978-07-10 ·cited 81×
  The admission of 'other crimes' evidence was improper because it was not relevant to any disputed issue and was unduly prejudicial, requiring reversal of the conviction.
• Robinson v. State
  865 So. 2d 1259· Fla.· 2004-01-29 ·cited 79×
  Johnny Robinson, a death row inmate, appealed the trial court's denial of a successive rule 3.851 postconviction motion and filed a successive habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial of postconviction relief and denied habeas relief, re
• United States v. Candelaria-Gonzalez
  547 F.2d 291· 5th Cir.· 1977-02-18 ·cited 78×·via Cross-Examination Of Character Witnesses
  The court held that the trial court abused its discretion by allowing improper cross-examination of character witnesses and by displaying hostility towards defense counsel, which collectively deprived the appellants of a fair trial.
• Lawhorne v. State
  500 So. 2d 519· Fla.· 1986-12-30 ·cited 76×
  The Florida Supreme Court held that a criminal defendant testifying in his own behalf may rehabilitate himself against anticipated impeachment by prior convictions on direct examination, and specifically may elicit testimony about whether prior convictions were obtained by guilty
• United States v. Dibrizzi
  393 F.2d 642· 2d Cir.· 1968-04-26 ·cited 76×·via Cross-Examination Of Character Witnesses
  The court held that the evidence was sufficient to support the jury's finding of criminal intent for embezzlement of union funds and that the prosecutor's conduct did not constitute reversible error.
• United States v. Carlo P. Minieri and Salvatore Saponaro
  303 F.2d 550· 2d Cir.· 1962-05-31 ·cited 76×
  The court held that there was sufficient evidence to convict Minieri of possessing stolen goods, but insufficient evidence to convict Saponaro of possession or aiding and abetting.
• United States v. Martin
  505 F.2d 918· 5th Cir.· 1974-12-30 ·cited 75×·via Rule Against Character Evidence
  The court held that the admission of prior misdemeanor convictions and irrelevant rebuttal testimony was improper and prejudicial, requiring reversal of the conviction.
• Jordan v. State
  107 Fla. 333· Fla.· 1932-11-28 ·cited 75×
  John Jordan was convicted of breaking and entering after stolen jewelry was found in his possession. The Florida Supreme Court affirmed his conviction despite finding that the trial judge improperly allowed cross-examination questions about prior arrests, because the evidence of
• United States v. Silverman
  745 F.2d 1386· 11th Cir.· 1984-11-05 ·cited 74×
  The court held that the indictment sufficiently alleged a violation of 18 U.S.C. § 1503, the evidence was sufficient for conviction, the jury instructions were proper, the subpoena for disciplinary complaints was valid, and the exclusion of certain evidence was not an abuse of di
• United States v. Bowe
  360 F.2d 1· 2d Cir.· 1966-04-28 ·cited 74×
  The court affirmed the convictions, finding no reversible error in the pre-trial rulings or the trial proceedings.
• Tully v. State
  69 Fla. 662· Fla.· 1915-06-03 ·cited 74×
  W. C. Tully, Jr. was convicted of assault with intent to commit rape and sentenced to ten years imprisonment. The Florida Supreme Court addressed twenty-eight assignments of error challenging various evidentiary rulings, cross-examination limitations, jury instructions, and the c
• Squires v. State
  450 So. 2d 208· Fla.· 1984-03-15 ·cited 73×
  William Squires was convicted of first-degree murder, robbery, and kidnapping in the 1980 death of Jesse Albritton and sentenced to death. The Florida Supreme Court affirmed his conviction and death sentence, rejecting seven appellate challenges including claims of improper chara
• United States v. Mills
  704 F.2d 1553· 11th Cir.· 1983-05-20 ·cited 73×
  The court held that the district court did not err in admitting evidence related to the Aryan Brotherhood, denying hybrid representation, or in its jury instructions. The court also found no violation of speedy trial rights or improper admission of character evidence.
• United States v. Conley
  523 F.2d 650· 8th Cir.· 1975-08-15 ·cited 72×
  The court should grant the petition for rehearing en banc to establish guidelines on the admissibility of evidence of the accused's criminal conduct not charged in the indictment.
• Gosciminski v. State
  132 So. 3d 678· Fla.· 2013-09-12 ·cited 71×·via Bad Character Evidence
  Andrew Gosciminski was convicted of first-degree murder, robbery, and burglary in the stabbing and bludgeoning death of Joan Loughman during a home invasion. The Florida Supreme Court affirmed his conviction and death sentence, finding no reversible error despite challenges to ev
• United States v. Wolffs
  594 F.2d 77· 5th Cir.· 1979-04-26 ·cited 71×
  The court held that the jury instructions on entrapment were prejudicially erroneous because they failed to clearly state the government's burden of proof beyond a reasonable doubt regarding the defendant's predisposition. The court reversed the conviction and remanded for a new
• Flanagan v. State
  586 So. 2d 1085· Fla. 1st DCA· 1991-07-19 ·cited 70×
  Dennis Flanagan was convicted of sexually battering his mentally retarded 9-year-old daughter and sentenced to life imprisonment. This appeal challenges the admission of the child victim's statements to her examining physician regarding her father's identity as the abuser, expert
• United States v. Pirovolos
  844 F.2d 415· 7th Cir.· 1988-04-06 ·cited 70×·via Bad Character Evidence
  The court held that while admitting evidence of prior convictions was an error, it was harmless given the overwhelming evidence. Cross-examination on other gun incidents at the restaurant was permissible.
• Trees v. K-Mart Corp.
  467 So. 2d 401· Fla. 4th DCA· 1985-03-27 ·cited 70×
  Vicki Trees, a 17-year-old K-Mart cashier, appealed a false arrest and malicious prosecution suit after a jury verdict in the defendants' favor. The central issue was whether the trial court properly admitted evidence of Trees' prior shoplifting incident to rebut her damages clai
• United States v. Brown
  451 F.2d 1231· 5th Cir.· 1971-11-23 ·cited 70×
  The court held that admitting documents summarizing the government's case to the jury, allowing testimony about defendants being on a 'primary target list,' and permitting the prosecutor to vouch for a witness's credibility constituted reversible error.
• Cook v. State
  46 Fla. 20· Fla.· 1903-06-01 ·cited 70×
  M. C. Cook was convicted of first-degree murder in the death of Stephen Smith. The Florida Supreme Court reversed the conviction, holding that multiple jury instructions on premeditation and malice were erroneous or insufficiently clear, and that several evidentiary rulings viola
• Hill v. State
  515 So. 2d 176· Fla.· 1987-09-17 ·cited 69×
  In this direct appeal of a death sentence imposed after resentencing in a capital murder case, the Florida Supreme Court affirmed the death penalty despite finding that one aggravating circumstance (cold, calculated, and premeditated murder) lacked sufficient evidentiary support,
• Sias v. State
  416 So. 2d 1213· Fla. 3d DCA· 1982-07-20 ·cited 69×
  Sias appeals his conviction for sexual battery on a minor, challenging the admission of evidence regarding a similar uncharged crime and testimony about his homosexuality. The court affirmed the conviction, finding the similar crime evidence admissible under a stringent test requ
• United States v. Orrin Scott Reed
  376 F.2d 226· 7th Cir.· 1967-02-09 ·cited 69×
  The court held that testimony referring to defendant's "mug shots" taken in prison was prejudicial error that vitiated his right to be presumed innocent.
• United States v. Hattaway
  740 F.2d 1419· 7th Cir.· 1984-07-31 ·cited 68×
  The court held that the joinder of defendants, admission of evidence regarding the victim's death and the defendants' lifestyle, and the prosecutor's rebuttal arguments were not grounds for reversal. The court also affirmed the sufficiency of evidence for conspiracy convictions.
• United States v. Drayton Curry
  512 F.2d 1299· 4th Cir.· 1975-04-03 ·cited 68×
  The court held that a prosecutor's improper question about a defendant's character was prejudicial to one defendant but not the other, and that certain drug offenses merge for sentencing purposes.
• Marzani v. United States
  168 F.2d 133· D.C. Cir.· 1948-02-02 ·cited 68×
  The court held that the statute prohibiting false statements within government jurisdiction applies even to informal conversations initiated by the employee, as long as the statements are made in a matter within the agency's jurisdiction.
• Carson v. Officer Polley
  689 F.2d 562· 5th Cir.· 1982-10-18 ·cited 67×
  The court held that the district court erred in excluding departmental performance reports for Deputy Sheriff Holley (relevant to intent) and Deputy Sheriff Ellis (relevant for impeachment), requiring a new trial.
• State v. Washington
  268 So. 2d 901· Fla.· 1972-05-10 ·cited 67×
  The Florida Supreme Court held that trial judges have a mandatory duty to instruct juries on lesser included offenses, even when a defendant objects. The court reversed the District Court of Appeal's decision that had permitted defendants to object to such instructions and reinst
• Pantoja v. State
  59 So. 3d 1092· Fla.· 2011-03-03 ·cited 66×
  The Florida Supreme Court upheld the exclusion of evidence that a child sexual abuse victim had previously made a false accusation of molestation against her uncle, resolving a conflict between district courts regarding whether prior false accusations are admissible to impeach wi
• Lott v. State
  695 So. 2d 1239· Fla.· 1997-05-22 ·cited 66×
  Ken Eldon Lott was convicted of the first-degree murder of Rose Conners and sentenced to death. The Florida Supreme Court affirmed his conviction and death sentence, rejecting numerous challenges to the sufficiency of evidence, jury instructions on aggravating factors, and the pr
• Downs v. State
  572 So. 2d 895· Fla.· 1990-09-20 ·cited 66×
  Ernest Charles Downs was convicted of first-degree murder and conspiracy in 1977 and sentenced to death. After this Court granted relief based on a substantial change in law (Hitchcock v. Dugger), Downs was resentenced in 1989, and the trial court reimposed the death sentence fol
• Sydney Ginsberg v. United States
  257 F.2d 950· 5th Cir.· 1958-06-30 ·cited 66×
  The dissenting judge believes the majority erred in reversing the conviction based on issues not properly preserved by objection at trial.
• Curtis Publ'g Co. v. Butts
  351 F.2d 702· 5th Cir.· 1965-07-16 ·cited 65×
  The majority held that Curtis waived its right to challenge the verdict on constitutional grounds. The dissenting judge disagreed, arguing that the large damages constituted a prior restraint on free speech and that counsel could not have anticipated the specific holding in New Y
• Beneby v. State
  354 So. 2d 98· Fla. 4th DCA· 1978-01-04 ·cited 64×
  Leonard Beneby was convicted of heroin possession after a jury trial. The appellate court reversed and remanded for a new trial, finding that the prosecutor improperly introduced evidence about the neighborhood's reputation for drug activity, which was irrelevant to the charges a
• United States v. Woods
  484 F.2d 127· 4th Cir.· 1973-09-12 ·cited 62×
  The dissenting judge argues that evidence of prior incidents involving other children was improperly admitted to prove the corpus delicti and criminal agency, and that such evidence was highly prejudicial and failed to meet the required standard of proof.
• United States v. Cleophus C. Lewin
  467 F.2d 1132· 7th Cir.· 1972-08-23 ·cited 62×
  The court held that the trial court committed reversible error by inadequately conducting the voir dire examination and by unduly restricting the presentation of character evidence, necessitating a new trial.