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

• Wyatt v. State
  641 So. 2d 1336· Fla.· 1994-09-08 ·cited 41×
  Thomas Wyatt appeals his conviction for three counts of first-degree murder and death sentence imposed for a violent armed robbery and triple homicide at a Florida Domino's Pizza restaurant. The Florida Supreme Court affirmed all convictions and the death sentence, finding that d
• Hoefert v. State
  617 So. 2d 1046· Fla.· 1993-03-11 ·cited 41×
  Robert Carl Hoefert was convicted of first-degree murder and sentenced to death for the asphyxiation death of June Hunt. The Florida Supreme Court reversed the conviction and vacated the death sentence, finding insufficient evidence of premeditation, but affirmed that sufficient
• Harris v. Pulley
  885 F.2d 1354· 9th Cir.· 1988-07-08 ·cited 41×
  The court held that the extensive pretrial publicity did not create a presumption of prejudice and that the voir dire examination demonstrated the jury was impartial, thus denying the claim of a violation of the right to a fair trial.
• United States v. Barrentine
  591 F.2d 1069· 5th Cir.· 1979-03-22 ·cited 41×
  The court held that the trial court did not abuse its discretion in denying a continuance for retained counsel and that the admission of certain evidence was proper.
• McBRIDE v. United States
  409 F.2d 1046· 10th Cir.· 1969-03-11 ·cited 41×
  The court held that alleged errors, including the admission of testimony about unrelated crimes and the trial judge's questioning, did not constitute plain error affecting substantial rights and did not deny the defendant a fair trial.
• United States v. Armand Bilotti
  380 F.2d 649· 2d Cir.· 1967-07-13 ·cited 41×
  The court affirmed convictions, holding that the trial court did not abuse its discretion in admitting evidence of other sales, in its jury instructions regarding witness credibility, or in its instructions on the nondisclosure of commissions as part of a scheme to defraud.
• Whaley v. State
  157 Fla. 593· Fla.· 1946-06-11 ·cited 41×
  William Tammie Whaley was convicted of manslaughter (rather than murder) in the death of his ex-wife Nell Whaley after he beat her and she jumped from a moving car. The Florida Supreme Court affirmed the conviction, holding that a person who causes another to jump from a moving c
• Snowden v. State
  537 So. 2d 1383· Fla. 3d DCA· 1989-01-24 ·cited 40×
  Harold Snowden appeals his convictions for sexual battery on two young children, contending that evidence of similar acts against two other children improperly became a 'feature' of the trial rather than remaining incidental evidence. The court affirmed the convictions, holding t
• United States v. Rubio-Estrada
  857 F.2d 845· 1st Cir.· 1988-09-15 ·cited 40×
  The court held that the district court did not err in admitting evidence of the appellant's prior conviction, blank Social Security cards, and tax return, nor was the evidence insufficient for conviction.
• United States v. Benter
  457 F.2d 1174· 2d Cir.· 1972-03-28 ·cited 40×·via Cross-Examination Of Character Witnesses
  The court held that while the prosecutor's repeated references to the defendant as 'Honest Phil' were improper, they did not constitute reversible error given the ample evidence of guilt and the defendant's own proven lie.
• Harris v. United States
  412 F.2d 384· 9th Cir.· 1969-06-10 ·cited 40×
  The court held that the appellant's conviction for refusing induction was valid, rejecting all grounds for appeal.
• United States v. Blane
  375 F.2d 249· 6th Cir.· 1967-04-08 ·cited 40×·via Cross-Examination Of Character Witnesses
  The court held that the trial judge did not abuse his discretion in allowing cross-examination of character witnesses about newspaper articles, in refusing a specific jury instruction that was adequately covered by the general charge, and in admonishing the jury about outside inf
• MacKiewicz v. State
  114 So. 2d 684· Fla.· 1959-09-11 ·cited 40×
  Norman Mackiewicz was convicted of first-degree murder for shooting and killing Police Lieutenant Staab during an altercation at a Miami Beach hotel. The Florida Supreme Court affirmed the conviction, rejecting challenges to the evidentiary rulings and jury instructions, and find
• French v. United States
  232 F.2d 736· 5th Cir.· 1956-04-18 ·cited 40×
  The court holds that the definition of corpus delicti includes the identity of the accused, especially for intangible crimes.
• United States v. Donnelly
  179 F.2d 227· 7th Cir.· 1950-01-12 ·cited 40×
  The court held that the admission of evidence obtained through an unlawful search and seizure, along with erroneous jury instructions and prejudicial testimony, constituted reversible error.
• Dupree v. State
  615 So. 2d 713· Fla. 1st DCA· 1993-01-11 ·cited 39×
  Tony Dupree was convicted of first-degree premeditated murder in the death of Clara Lawrence. The First District Court of Appeal affirmed the sufficiency of evidence for premeditation but reversed and remanded for a new trial because the trial court erroneously instructed the jur
• Huff v. State
  437 So. 2d 1087· Fla.· 1983-09-01 ·cited 39×
  James Roger Huff was convicted of murdering his parents and sentenced to death. The Florida Supreme Court reversed the convictions due to prosecutorial misconduct during closing argument, where the state attorney implied Huff had forged his father's signature despite introducing
• United States v. Harman
  349 F.2d 316· 4th Cir.· 1965-07-23 ·cited 39×
  The introduction of prison photographs of the defendant, which suggested a prior conviction, constituted reversible error because it prejudiced the defendant's right to a fair trial, especially since he did not testify or put his character in issue.
• Palm v. State
  135 Fla. 258· Fla.· 1938-12-02 ·cited 39×·via Admissibility Of Character Evidence
  The Florida Supreme Court affirmed Leroy Palm's murder conviction, holding that while a defendant in a self-defense case may testify about specific acts of violence by the deceased that he knew about, the trial court did not err in sustaining an objection to an overly vague and i
• United States v. del Purgatorio
  411 F.2d 84· 2d Cir.· 1969-05-28 ·cited 38×
  The court held that the evidence was sufficient to sustain the jury's verdict of conviction for conspiracy and that the trial court properly admitted challenged testimony and conducted a joint trial.
• Obie Wilson Stapleton v. United States
  260 F.2d 415· 9th Cir.· 1958-10-22 ·cited 38×
  The court held that the indictment was legally sufficient and that the trial court did not err in its rulings or instructions, leading to an affirmation of the conviction.
• Kelly v. United States
  194 F.2d 150· D.C. Cir.· 1952-01-10 ·cited 38×
  The dissenting judge believes the majority opinion improperly sets evidentiary standards and reweighs evidence on appeal.
• Lovely v. United States
  175 F.2d 312· 4th Cir.· 1949-05-24 ·cited 38×
  The court held that the trial judge correctly interpreted the saving clause of the new criminal code, mandating a life sentence under the old statute for an offense committed before the revision.
• Otto Sealey v. State
  89 Fla. 439· Fla.· 1925-05-26 ·cited 38×
  Otto Sealey was convicted of murder with a recommendation to mercy. The Florida Supreme Court upheld the conviction, rejecting challenges to the admission of dying declarations and testimony regarding the victim's character and reputation, finding no reversible error in the trial
• United States v. Kelner
  534 F.2d 1020· 2d Cir.· 1976-04-09 ·cited 37×·via Cross-Examination Of Character Witnesses
  The court reluctantly concurred that the defendant's actions fell within the literal terms of the statute, despite concerns about congressional intent.
• United States v. Delbert Null
  415 F.2d 1178· 4th Cir.· 1969-09-23 ·cited 37×·via Admissibility Of Character Evidence
  The court held that the prosecutor's cross-examination of character witnesses regarding the impact of charges on reputation was permissible, and that the jury properly considered the materiality of omitted tax items.
• Knight v. State
  76 So. 3d 879· Fla.· 2011-09-28 ·cited 36×
  Richard Knight was convicted of two counts of first-degree murder for stabbing to death Odessia Stephens and her four-year-old daughter Hanessia Mullings in June 2000. The Florida Supreme Court affirmed Knight's convictions and death sentences on direct appeal, rejecting all five
• Williams v. State
  982 So. 2d 1190· Fla. 4th DCA· 2008-05-14 ·cited 36×
  James Williams was convicted of second-degree murder with a firearm for shooting the victim during a club altercation. The Fourth District Court of Appeal reversed his conviction on two independent grounds: the trial court improperly excluded his testimony about the victim's repu
• United States v. Walker Bennett Monroe
  943 F.2d 1007· 9th Cir.· 1991-08-21 ·cited 36×
  The court held that the government did not impermissibly vouch for a witness, that wire transfers constitute 'transportation' under 18 U.S.C. § 1956(a)(2), and that sentencing disparities were permissible.
• Kingery v. State
  523 So. 2d 1199· Fla. 1st DCA· 1988-03-30 ·cited 36×
  John Lee Kingery was convicted of second degree murder for shooting Arthur Max Davis in a parking lot altercation. The Florida appellate court reversed and remanded for a new trial, finding multiple trial errors including improper admission of victim's prior statements, improper
• United States v. Webb
  625 F.2d 709· 5th Cir.· 1980-09-12 ·cited 36×
  The court held that extrinsic offense evidence is admissible in the government's case-in-chief if intent is not normally inferable from the act charged and the defendant has not provided enforceable pre-trial assurances that intent will not be disputed. Expert testimony on a defe
• United States v. DeLEON
  498 F.2d 1327· 7th Cir.· 1974-06-25 ·cited 36×
  The court held that the defendants' convictions were supported by sufficient evidence and that no reversible error occurred during the trial, including issues related to a defendant's absence, jury instructions, cross-examination restrictions, and the destruction of evidence.
• United States v. Fisher
  455 F.2d 1101· 2d Cir.· 1972-02-14 ·cited 36×
  The court held that the evidence was properly admitted and the appellant's confession was voluntary, thus affirming the conviction.
• State v. Wadsworth
  210 So. 2d 4· Fla.· 1968-05-01 ·cited 36×
  The Florida Supreme Court reversed a Fourth District Court of Appeal decision that had reversed the defendant's manslaughter conviction due to the admission of evidence about his prior drinking habits. The court held that evidence of a defendant's habitual intoxication is admissi
• Beck v. United States
  317 F.2d 865· 5th Cir.· 1963-05-30 ·cited 36×
  The court held that the trial judge did not abuse discretion in admitting rebuttal testimony regarding the witness's character and relationship with the defendant, and that the jury instructions, when viewed as a whole, fairly presented the issues.
• Murray E. Petersen v. United States
  268 F.2d 87· 10th Cir.· 1959-06-08 ·cited 36×
  The court held that evidence of good character is admissible and should be considered with other evidence to create reasonable doubt, but instructions emphasizing character evidence alone can be confusing.
• Dailey v. United States
  261 F.2d 870· 5th Cir.· 1958-12-23 ·cited 36×
  A confession is admissible even if obtained during illegal detention, provided it is not induced by that detention and the defendant confessed voluntarily.
• United States v. Kushner
  135 F.2d 668· 2d Cir.· 1943-05-05 ·cited 36×
  The court held that the conviction under 19 U.S.C.A. § 1593(a) must be reversed because it requires an intent to defraud the revenue, which was not sufficiently proven. However, convictions under other counts were affirmed.
• Hawley v. United States
  133 F.2d 966· 10th Cir.· 1943-02-03 ·cited 36×·via Admissibility Of Character Evidence
  The court held that the jury instructions regarding the charges, the government's theory, and the defendants' theory were fair and accurate, and that no reversible error was committed regarding the admissibility of evidence or character testimony.
• Ingrid Croce v. Bromley Corp.
  623 F.2d 1084· 5th Cir.· 1980-08-14 ·cited 35×
  Mustang is liable for the actions of Roberts Airways based on estoppel, and the court reverses separate awards for mental anguish and loss of affection, remanding for a single award.
• Bowles v. State
  381 So. 2d 326· Fla. 5th DCA· 1980-03-19 ·cited 35×
  The court held that permitting police officers to testify that they would not believe the defendant under oath is prejudicial error, as it invades the province of the jury.
• United States v. Cummings
  468 F.2d 274· 9th Cir.· 1972-10-10 ·cited 35×·via Cross-Examination Of Character Witnesses
  The court held that a prosecutor's argument improperly suggested the jury convict based on the indictment process rather than evidence, requiring reversal. It also found certain jury instructions flawed regarding the presumption of innocence.
• Thigpen v. United Parcel Servs., Inc.
  990 So. 2d 639· Fla. 4th DCA· 2008-09-10 ·cited 34×
  Plaintiff Thigpen sued UPS for retaliating against him for filing workers' compensation claims by fabricating grounds for his termination. The jury awarded him $6 million, but the trial court granted UPS a new trial after determining that highly prejudicial testimony about a form
• Wyon Dale Childers v. State
  936 So. 2d 585· Fla. 1st DCA· 2006-02-02 ·cited 34×
  Wyon Dale Childers was convicted of bribery and unlawful compensation for his role in purchasing the Pensacola Soccer Complex while serving as an Escambia County Commissioner. On appeal, the court affirmed the exclusion of evidence challenging his co-conspirator's plea agreement
• Nyka O'Connor v. State
  835 So. 2d 1226· Fla. 4th DCA· 2003-01-29 ·cited 34×
  Nyka O'Connor was convicted of first-degree murder and armed robbery, but the Florida Fourth District Court of Appeal reversed because photographs of a shotgun, bulletproof vest, and a humorous quotation found in his home 36 days after the homicide were improperly admitted as evi
• LaMARR v. Lang
  796 So. 2d 1208· Fla. 5th DCA· 2001-10-05 ·cited 34×
  James David LaMarr appeals a permanent injunction for protection against repeat violence issued at Carole Lang's request following alleged incidents of violence during a payment dispute over home remodeling work. The appellate court reversed because the trial court improperly adm
• United States v. Maggitt
  784 F.2d 590· 5th Cir.· 1986-03-06 ·cited 34×
  The court held that the evidence was legally sufficient to support the convictions for witness tampering and retaliation, and that any misjoinder of defendants was harmless error. The indictment was also found to be sufficient and not multiplicious.
• Fike v. State
  455 So. 2d 628· Fla. 5th DCA· 1984-09-13 ·cited 34×
  Fike appeals his conviction for selling marijuana, challenging the sufficiency of the charging information and the exclusion of witness reputation testimony. The Fifth District affirms, holding that an information alleging sale of cannabis sufficiently invokes felony jurisdiction
• Forrest F. McCLUNEY v. JOS. Schlitz Brewing Co.
  728 F.2d 924· 7th Cir.· 1984-02-27 ·cited 34×
  The court held that the district court did not err in finding insufficient evidence of retaliatory discharge and in excluding certain evidence, affirming the dismissal of the plaintiff's claims.
• United States v. Isidro Sanchez Ochoa
  609 F.2d 198· 5th Cir.· 1980-01-04 ·cited 34×
  The court held that evidence of prior convictions of a defendant's relatives and associates, not relevant to the issues or character traits presented, is inadmissible and prejudicial. The court affirmed convictions where evidence was sufficient but reversed one due to improper cr