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

• United States v. Clavey
  565 F.2d 111· 7th Cir.· 1977-10-31 ·cited 34×
  The court affirmed the convictions, holding that the district court did not err in refusing to release grand jury testimony, excluding rebuttal evidence, or in its jury instructions, and that any errors in handling jury communications were harmless.
• Hayes v. United States
  227 F.2d 540· 10th Cir.· 1955-11-02 ·cited 34×
  The court held that the trial court erred in its jury instructions regarding character evidence, necessitating a new trial.
• Copeland v. State
  41 Fla. 320· Fla.· 1899-01-01 ·cited 34×
  Sherman Copeland was convicted of first-degree murder and sentenced to death. The Florida Supreme Court affirmed the conviction, rejecting claims that the trial court erred by failing to instruct on lesser degrees of homicide, excluding evidence of the victim's character, and ref
• Langford v. State
  33 Fla. 233· Fla.· 1894-01-01 ·cited 34×
  W. H. Langford was convicted of forging and uttering a promissory note. The Florida Supreme Court affirmed his conviction, holding that evidence of other forged instruments uttered by the defendant around the same time was properly admitted to show guilty knowledge and intent to
• Nelson v. State
  32 Fla. 244· Fla.· 1893-06-01 ·cited 34×
  The Florida Supreme Court reversed a murder conviction due to an insufficient verdict and improper cross-examination regarding the defendant's character. The court held that a verdict must specify the degree of murder and that evidence of specific bad acts is inadmissible when ch
• United States v. Reese
  568 F.2d 1246· 6th Cir.· 1977-12-30 ·cited 33×
  The court held that the admission of rebuttal testimony regarding prior bad acts was proper to show intent and knowledge, and that the jury instructions, while containing a minor error, did not constitute plain error. The admission of hospital records was also proper. Finally, th
• Beasley v. State
  503 So. 2d 1347· Fla. 5th DCA· 1987-03-12 ·cited 32×
  Similar fact evidence of prior sexual offenses against the defendant's stepdaughter is admissible to prove opportunity, a material fact in sexual assault prosecutions. However, victim injury points cannot be scored for attempted sexual battery where victim contact and injury are
• United States v. Bruner
  657 F.2d 1278· D.C. Cir.· 1981-06-23 ·cited 32×
  The court held that the admission of prescriptions under the business records exception or coconspirator rule was proper, and that the failure to give immediate limiting instructions on prior inconsistent statements was not prejudicial error.
• Robinson v. State
  393 So. 2d 33· Fla. 1st DCA· 1981-01-16 ·cited 32×
  A defendant's acquittal on charges of sexual battery and use of a firearm does not preclude a conviction for burglary of a dwelling if the jury finds the defendant entered with the intent to commit a felony.
• United States v. Wells
  525 F.2d 974· 5th Cir.· 1976-01-12 ·cited 32×
  The court held that the appellants' allegations of error were without merit and their convictions for receiving and disposing of stolen vehicles were affirmed.
• Egger v. United States
  509 F.2d 745· 9th Cir.· 1975-01-02 ·cited 32×·via Cross-Examination Of Character Witnesses
  The court held that a defendant's failure to object to alleged constitutional errors at trial generally waives the right to raise them in a collateral attack, unless the errors are so fundamental as to deny a fair trial.
• Coronado v. United States
  266 F.2d 719· 5th Cir.· 1959-05-13 ·cited 32×
  The court affirmed the conviction, holding that the defendant's agency argument was inapplicable to the charge of acquiring and facilitating the transportation and concealment of heroin, and that entrapment was a question for the jury.
• Bram v. United States
  226 F.2d 858· 8th Cir.· 1955-11-09 ·cited 32×
  The court held that evidence of prior offenses is admissible if relevant to the charged crime, and that cross-examination of alibi witnesses to explore bias or interest is permissible. The court also found the jury instructions to be fair and impartial.
• Reddick v. State
  25 Fla. 112· Fla.· 1889-01-01 ·cited 32×
  Frank Reddick was convicted of manslaughter in the second degree for the murder of Henry Churchill and sentenced to five years in the state penitentiary. The Florida Supreme Court reversed the conviction and granted a new trial, finding that the trial court committed reversible e
• Love v. State
  971 So. 2d 280· Fla. 4th DCA· 2008-01-09 ·cited 31×
  Robert Love appeals five convictions arising from a traffic stop in Pahokee, claiming the police used the stop as retaliation for his public criticism of their department. The appellate court reversed due to fundamental error in jury instructions and prejudicial evidentiary rulin
• In re Amendments to the Florida Evidence Code
  825 So. 2d 339· Fla.· 2002-07-11 ·cited 31×
  The Florida Supreme Court considered legislative amendments to the Florida Evidence Code. The Court adopted most amendments, including those concerning the attorney-client privilege and witness protection, but also adopted an amendment regarding the admissibility of prior child m
• Loughan v. Firestone Tire & Rubber Co.
  749 F.2d 1519· 11th Cir.· 1985-01-10 ·cited 31×
  The court held that the district court did not err in admitting evidence of the plaintiff's drinking habit, granting a directed verdict on the duty to warn, denying a motion to amend the complaint, or in its assessment of costs.
• Travis v. United States
  247 F.2d 130· 10th Cir.· 1957-07-15 ·cited 31×
• Mariano v. State
  933 So. 2d 111· Fla. 4th DCA· 2006-05-31 ·cited 30×
  Frank Mariano was convicted of attempted second degree murder of his former girlfriend after an incident involving a knife. The Fourth District Court of Appeal reversed the conviction because the trial court erroneously admitted impeachment evidence regarding threats to an irrele
• Allred v. State
  642 So. 2d 650· Fla. 1st DCA· 1994-09-16 ·cited 30×
  Donald Lloyd Allred appealed his aggravated battery conviction, challenging both the admission of evidence regarding prior acts of violence against women and the restitution order imposed at sentencing. The court affirmed the conviction but remanded for a proper restitution heari
• Wyatt v. State
  641 So. 2d 355· Fla.· 1994-05-05 ·cited 30×·via Admissibility Of Character Evidence
  Thomas Wyatt was convicted of first-degree murder and sentenced to death for the May 1988 killing of Cathy Nydegger during a crime spree in Florida. The Florida Supreme Court affirmed the conviction and death sentence, though it found two of the aggravating factors were unsupport
• United States v. Quema Holloway
  740 F.2d 1373· 6th Cir.· 1984-08-02 ·cited 30×
  The court held that the district court's finding that a conspiracy existed and the defendant was a member was well-supported, and prior similar acts evidence was admissible. However, a broad restriction on the defendant's mail during incarceration was vacated.
• United States v. Quinn L. Polsinelli
  649 F.2d 793· 10th Cir.· 1981-03-17 ·cited 30×
  The court held that the prosecutor's cross-examination of the defendant's character witnesses, which assumed the defendant's guilt of the charged offenses, was improper and prejudicial error.
• United States v. Fink
  502 F.2d 1· 5th Cir.· 1974-10-07 ·cited 30×
  The court held that the trial court did not err in admitting reputation evidence to rebut an entrapment defense, denying a continuance, refusing to compel pre-trial discovery of witnesses, or restricting a defendant's communication with counsel during a recess, as no prejudice wa
• United States v. Parker
  491 F.2d 517· 8th Cir.· 1973-11-27 ·cited 30×
• United States v. Burks
  470 F.2d 432· D.C. Cir.· 1972-10-19 ·cited 30×
  The court held that the trial court committed prejudicial error by refusing to admit evidence of the deceased's violent character, both through his wife's testimony and a prior conviction for child cruelty, which was vital to the defendant's self-defense claim.
• United States v. Thurman Jeff West
  460 F.2d 374· 5th Cir.· 1972-05-23 ·cited 30×·via Cross-Examination Of Character Witnesses
  The court held that the seizure of the sawed-off shotgun was lawful under the plain view doctrine, and the prosecutor's cross-examination of the character witness was permissible with adequate jury instructions.
• Edwards v. The United States
  374 F.2d 24· 10th Cir.· 1966-12-05 ·cited 30×·via Admissibility Of Character Evidence
  The court held that the restriction on amplifying character evidence questions did not prejudice the defendant, and the failure to record a side-bar conference was not reversible error. The judgment is affirmed.
• Hurst v. United States
  337 F.2d 678· 5th Cir.· 1964-10-26 ·cited 30×
  The court held that admitting evidence of prior indictments, even those dismissed, and pleas of guilt, in response to a defense question implying no criminal record, constituted a denial of a fair trial.
• Sanseverino v. United States
  321 F.2d 714· 10th Cir.· 1963-08-22 ·cited 30×·via Admissibility Of Character Evidence
  The court held that the statute of limitations was tolled, prior transactions were admissible to show intent, summary exhibits were permissible, character witness testimony was properly limited, and jury instructions were adequate.
• United States v. Phillips
  217 F.2d 435· 7th Cir.· 1954-12-02 ·cited 30×
  A defendant is entitled to a jury instruction on a defense theory, such as reliance on advice of counsel, even if the supporting evidence comes from the prosecution's witnesses, and the trial court cannot refuse such an instruction solely because the defendant did not present his
• United States v. Modern Reed & Rattan Co., Inc.
  159 F.2d 656· 2d Cir.· 1947-01-08 ·cited 30×
  The court held that presenting evidence of a prior conviction to the jury, even if the defense later introduces character evidence, is reversible error because it deprives the defendant of their right to choose whether to put their character at issue.
• Alford v. The Barnett Nat'l Bank of Jacksonville
  137 Fla. 564· Fla.· 1939-04-11 ·cited 30×·via Admissibility Of Character Evidence
  Eleanor B. Alford brought suit against Barnett National Bank for conversion of a non-negotiable promissory note from Avondale Company that she had pledged as security. The central dispute was whether she consented to Charles A. Brown, Jr. (the payee) retrieving the note from her
• THE Florida BAR v. Head
  27 So. 3d 1· Fla.· 2010-01-07 ·cited 29×·via Character Or Reputation
  The Florida Supreme Court reviewed a disciplinary case against attorney John Vernon Head for ethical violations arising from his representation of bankruptcy clients. The Court disapproved the referee's recommended 60-day suspension and imposed a one-year suspension, finding Head
• United States v. Gomez-Norena
  908 F.2d 497· 9th Cir.· 1990-07-12 ·cited 29×
  The court held that admitting drug courier profile testimony for background and expert testimony on intent to distribute was not plain error, as the defendant failed to properly preserve objections.
• Hodges v. State
  403 So. 2d 1375· Fla. 5th DCA· 1981-09-30 ·cited 29×·via Bad Character Evidence
  In a sexual battery case where consent was the central issue, the Florida appellate court reversed the defendant's conviction because the trial court improperly admitted similar fact evidence of a prior sexual encounter to show the defendant's propensity to use force. The court h
• United States v. Darland
  626 F.2d 1235· 5th Cir.· 1980-10-01 ·cited 29×
  The court held that striking a defendant's character evidence and refusing a related jury instruction, when the character traits are relevant to the charged offense, constitutes plain error affecting substantial rights.
• Hackbart v. Cincinnati Bengals, Inc.
  601 F.2d 516· 10th Cir.· 1979-06-11 ·cited 29×
  The court held that tort law applies to intentional injuries sustained during professional football games, and a claim for reckless disregard of safety is cognizable, subject to a six-year statute of limitations.
• Grace v. State
  832 So. 2d 224· Fla. 2d DCA· 2002-12-04 ·cited 28×
  Walter Grace was convicted of felony battery in a self-defense case. The Florida appellate court reversed his conviction because the trial court abused its discretion by excluding defense testimony about the victim's prior violent acts, which was admissible character evidence rel
• Cooper v. Dugger
  526 So. 2d 900· Fla.· 1988-05-12 ·cited 28×
  Vernon Ray Cooper, a death row inmate, challenged his capital sentence on habeas corpus, arguing that the trial judge improperly excluded nonstatutory mitigating evidence at his sentencing hearing in violation of Lockett v. Ohio and Hitchcock v. Dugger. The Florida Supreme Court
• United States v. Currier
  836 F.2d 11· 1st Cir.· 1987-12-10 ·cited 28×·via Bad Character Evidence
  The court held that the documents presented did not trigger the Interstate Agreement on Detainers Act and that the tape recording was admissible under Federal Rule of Evidence 403.
• Palmerin v. City OF Riverside
  794 F.2d 1409· 9th Cir.· 1986-07-21 ·cited 28×
  The court held that guilty pleas were admissible as admissions of resistance and that the failure to object contemporaneously at trial after an unsuccessful motion in limine did not waive the appeal issue. The court also dismissed the appeal regarding the marijuana due to an inco
• Hawthorne v. State
  377 So. 2d 780· Fla. 1st DCA· 1979-12-07 ·cited 28×·via Admissibility Of Character Evidence
  Joyce Hawthorne was convicted of first-degree murder in the shooting death of her husband. The Florida First District Court of Appeal reversed her conviction and remanded for a new trial based on multiple constitutional and evidentiary errors, primarily the improper admission of
• United States v. Garrett
  583 F.2d 1381· 5th Cir.· 1978-11-17 ·cited 28×
  The court affirmed the defendant's conviction but vacated the sentences and remanded for the district court to consider the merits of the defendant's post-trial sentence-reduction motion.
• United States v. Ritch
  583 F.2d 1179· 1st Cir.· 1978-09-22 ·cited 28×
  The court held that the joinder of drug and bail jumping charges was proper, and the defendant received effective assistance of counsel.
• Roti v. State
  334 So. 2d 146· Fla. 2d DCA· 1976-06-23 ·cited 28×
  The court held that the trial court erred in permitting a detective to testify as to prior consistent statements of a witness and in allowing the state to attack the defendant's character on cross-examination when it had not been placed in issue.
• United States v. Senak
  527 F.2d 129· 7th Cir.· 1975-10-23 ·cited 28×
• United States v. Demopoulos
  506 F.2d 1171· 7th Cir.· 1974-11-05 ·cited 28×
  The cumulative effect of an improper question and an erroneous jury instruction regarding prior similar crimes, especially when lacking evidentiary support, deprived the defendant of a fair trial.
• United States v. Davenport
  449 F.2d 696· 5th Cir.· 1971-10-13 ·cited 28×
  The court held that admitting evidence of a prior civil lawsuit and alleged insurance fraud was improper impeachment and prejudicial, requiring reversal of the conviction.
• United States v. DeMASI
  445 F.2d 251· 2d Cir.· 1971-07-09 ·cited 28×
  The court held that the appellant's conviction was valid, rejecting claims of speedy trial violations and improper admission of evidence.