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. Dudley D. Morgan, Jr.
  554 F.2d 31· 2d Cir.· 1977-04-18 ·cited 19×
• United States v. Aichele
  941 F.2d 761· 9th Cir.· 1991-07-30 ·cited 18×
  The court held that a defendant cannot be forced to waive their right to appeal or risk retrial by admitting guilt to receive a sentencing reduction for acceptance of responsibility.
• United States v. Oshatz
  912 F.2d 534· 2d Cir.· 1990-08-23 ·cited 18×
  The court held that the majority's rule excluding guilt-assuming hypothetical questions to opinion character witnesses is overly restrictive and ignores the discretion of trial judges.
• McGUIRE v. Estelle
  902 F.2d 749· 9th Cir.· 1990-05-04 ·cited 18×
  The admission of irrelevant, highly prejudicial evidence of prior injuries, coupled with an improper jury instruction that allowed the jury to use this evidence to directly determine guilt, violated the defendant's due process rights.
• United States v. LAU
  828 F.2d 871· 1st Cir.· 1987-09-15 ·cited 18×
  The court held that the evidence was sufficient for conviction, the admission of prior bad act testimony was proper, and the government's failure to disclose certain tapes did not warrant a new trial.
• United States v. Schwartz
  790 F.2d 1059· 3d Cir.· 1986-05-21 ·cited 18×·via Admissibility Of Character Evidence
  The court held that the admission of evidence of other crimes, wrongs, or acts was an abuse of discretion, as its probative value was substantially outweighed by the danger of unfair prejudice, requiring reversal.
• Garfield James Woodson v. State
  483 So. 2d 858· Fla. 5th DCA· 1986-02-27 ·cited 18×
  The court held that the trial court's exclusion of character evidence regarding the arresting officer was not preserved for appeal due to the defense counsel's failure to make a proper proffer.
• United States v. Williams
  739 F.2d 297· 7th Cir.· 1984-07-24 ·cited 18×
  The court held that the prosecutor's comment on the defendant's failure to call a witness and the admission of testimony about the defendant's nickname 'Fast Eddie' constituted reversible error.
• Toledo v. State
  452 So. 2d 661· Fla. 3d DCA· 1984-07-17 ·cited 18×
  The court held that expert testimony regarding general threats in the towing industry was inadmissible because it was not tied to the defendant's knowledge of those threats, and thus not relevant to his self-defense claim.
• Harris v. State
  427 So. 2d 234· Fla. 3d DCA· 1983-02-15 ·cited 18×
  The Florida Third District Court of Appeal reversed Harris's conviction and remanded for a new trial, holding that the trial court committed reversible error by denying his motion for mistrial after a police detective testified that Harris had a 'prior felony past.' The inadmissi
• Crumpton v. Confederation Life Ins. Co.
  672 F.2d 1248· 5th Cir.· 1982-04-15 ·cited 18×
  The court held that the admission of character evidence was proper because the insured's character was at issue, and there was sufficient evidence for the jury to find the death accidental, thus denying the motion for judgment notwithstanding the verdict.
• Wilt v. State
  410 So. 2d 924· Fla. 3d DCA· 1982-03-16 ·cited 18×
  Frank Wilt was convicted of second-degree murder and firearm possession in a barroom shooting and sentenced to fifty years. The Florida District Court of Appeal reversed, holding that the prosecutor's cross-examination improperly attacked Wilt's character by questioning him about
• United States v. Mangiameli
  668 F.2d 1172· 10th Cir.· 1982-01-25 ·cited 18×
  The court held that the evidence was sufficient to support the conviction and that the trial court did not abuse its discretion in admitting or excluding certain evidence.
• Harless v. Boyle-Midway Division
  594 F.2d 1051· 5th Cir.· 1979-05-11 ·cited 18×
  The court held that the trial court erred in excluding rebuttal evidence regarding the effectiveness of a new warning label and in its jury instructions concerning the defense of the decedent's negligence. The court also found that evidence of the decedent's marijuana use was und
• United States v. Gilliland
  586 F.2d 1384· 10th Cir.· 1978-11-22 ·cited 18×
  The court held that admitting evidence of a defendant's prior convictions, some over 30 years old, during cross-examination of a defense witness was improper and constituted plain error.
• United States v. Harvey
  526 F.2d 529· 2d Cir.· 1975-11-20 ·cited 18×
  The court held that extrajudicial statements made by the deceased victim were admissible as verbal acts to show his state of mind, relevant to the conspiracy charge under 18 U.S.C. § 241, and that the trial court did not abuse its discretion in admitting them despite potential pr
• United States v. Powers
  467 F.2d 1089· 7th Cir.· 1972-09-12 ·cited 18×
  The court held that the trial court did not err in refusing to give effect to the Government's allegedly inconsistent positions in a prior trial, nor in excluding certain defense testimony, nor in its handling of a prosecutor's question about bar complaints.
• United States v. MacHado
  457 F.2d 1372· 9th Cir.· 1972-04-12 ·cited 18×
  The court held that the trial court's admission of certain cross-examination questions, even if improper, constituted harmless error due to proper jury instructions and overwhelming evidence of guilt.
• United States v. Augello
  452 F.2d 1135· 2d Cir.· 1971-12-17 ·cited 18×·via Admissibility Of Character Evidence
  The court affirmed the convictions, finding sufficient evidence to support the jury's verdict and that any errors, such as the admission of questionable reputation testimony or the delay in trial, were harmless.
• Aaron v. United States
  397 F.2d 584· 5th Cir.· 1968-07-01 ·cited 18×
  The court held that the prosecutor's improper cross-examination question about an illicit affair was harmless error because the defendant's guilt was clear and the jury was instructed to disregard it.
• United States v. Frankenberry
  387 F.2d 337· 2d Cir.· 1967-12-18 ·cited 18×·via Bad Character Evidence
  The court held that the trial judge properly excluded evidence of threats as irrelevant to the defendant's intent to flee and that the prosecutor's summation, while improper, was not prejudicial error given the judge's curative instruction.
• United States v. Pesano
  293 F.2d 229· 2d Cir.· 1961-08-02 ·cited 18×
  The court held that the jury charge on the intent required for conviction under 18 U.S.C. § 1010 was correct, and the trial judge did not err in limiting the scope of character evidence or in failing to sua sponte caution the jury about accomplice testimony.
• Evans v. United States
  277 F.2d 354· D.C. Cir.· 1960-03-31 ·cited 18×
• United States v. Abe Giddins & Interstate Dress Carriers, Inc.
  273 F.2d 843· 2d Cir.· 1960-01-18 ·cited 18×·via Cross-Examination Of Character Witnesses
  The court held that the trial court did not abuse its discretion in allowing cross-examination of character witnesses regarding disparaging rumors, and that sentencing under the subornation of perjury statute was proper.
• Creekmore v. Crossno
  259 F.2d 697· 10th Cir.· 1958-09-29 ·cited 18×
  The court held that the erroneous admission of character evidence before the witness testified was not prejudicial error because the witness ultimately testified and the error did not affect substantial rights.
• Hardin Benton v. United States
  233 F.2d 491· 4th Cir.· 1956-05-22 ·cited 18×·via Admissibility Of Character Evidence
  The admission of evidence regarding the defendant's prior conviction and reputation was erroneous and prejudicial, requiring reversal.
• State OF Mo. ex rel. v. Fid. & Deposit Co. of Md.
  179 F.2d 327· 8th Cir.· 1950-01-17 ·cited 18×
  The court held that the sheriff had probable cause to arrest the plaintiff without a warrant, and therefore the arrest and detention were lawful, precluding recovery on the sheriff's bond.
• Thompson v. State
  55 Fla. 189· Fla.· 1908-01-01 ·cited 18×
  Ben Thompson was convicted of arson for burning W.C. Barrineau's barn on February 2, 1908. Thompson appealed on grounds that the trial court improperly admitted evidence of his suspicious conduct (possessing stolen items and fleeing) and that the verdict was unsupported by eviden
• Eliakim v. State
  884 So. 2d 57· Fla. 4th DCA· 2004-03-10 ·cited 17×
  Alberto Eliakim appeals his conviction for trafficking and possession of MDMA, arguing the trial court erroneously excluded cross-examination evidence about his co-defendant's prior drug dealings and a state witness's prior relationships with persons arrested under her plea agree
• Gray v. State
  640 So. 2d 186· Fla. 1st DCA· 1994-08-01 ·cited 17×
  Scott Thomas Gray, a schoolteacher convicted of sexual battery and lewd conduct against three young students, appeals his conviction and sentence. The First District Court of Appeal reverses and remands for a new trial based on the trial court's erroneous denial of Gray's motion
• United States v. Shearn Moody, Jr.
  903 F.2d 321· 5th Cir.· 1990-05-30 ·cited 17×
  The court held that the trial court erred by prohibiting the impeachment of hearsay declarants and by denying the defendant an opportunity for surrebuttal testimony, requiring reversal and remand.
• United States v. McNEILL
  887 F.2d 448· 3d Cir.· 1989-10-11 ·cited 17×
  The court held that there was sufficient circumstantial evidence to support the conviction for solicitation and that the sentencing enhancements were properly applied.
• Doyall Tompkins v. State
  386 So. 2d 597· Fla. 5th DCA· 1980-08-06 ·cited 17×
  Doyall Tompkins was convicted of sexual battery committed while an inmate at a correctional facility and sentenced to thirty years. On appeal, he challenged various trial procedures including the appearance of state witnesses in prison clothing, voir dire questions about his inma
• United States v. Pantone
  609 F.2d 675· 3d Cir.· 1979-07-19 ·cited 17×
  The court held that the admission of extrinsic evidence to rebut general denials of wrongdoing is within the trial court's discretion, and the prior ruling in Forsythe does not control this case.
• Berube v. State
  5 So. 3d 734· Fla. 2d DCA· 2009-02-25 ·cited 16×·via Improper Character Evidence
  Leo Berube was convicted of first-degree murder for strangling a prostitute. The Florida District Court of Appeal reversed and remanded for a new trial, finding that the trial court erred in admitting Williams rule testimony regarding two prior rape victims, though the evidence o
• Dickinson v. Marla E. Gonzalez
  839 So. 2d 709· Fla. 3d DCA· 2003-01-02 ·cited 16×
  The Third District Court of Appeal reversed a damages judgment against the Florida Department of Highway Safety and Motor Vehicles and Trooper Jacqueline Gipson for false arrest and civil rights violations arising from an allegedly improper DUI arrest. The court held that the Dep
• Berrios v. State
  781 So. 2d 455· Fla. 4th DCA· 2001-03-07 ·cited 16×
  David Berrios was convicted of aggravated assault and criminal mischief after driving his van through a screened porch at his friend's apartment during an altercation. The appellate court affirmed his convictions, holding that the trial court erred in permitting a self-defense in
• Smith v. Hooligan's PUB & Oyster BAR, Ltd.
  753 So. 2d 596· Fla. 3d DCA· 2000-02-16 ·cited 16×
  The Smith family appealed a wrongful death judgment against a bar for negligent security after their son was killed in an altercation outside the establishment. The court reversed and remanded for a new trial, holding that the trial court improperly admitted character evidence re
• United States v. Doyle E. Campbell
  845 F.2d 1374· 6th Cir.· 1988-04-12 ·cited 16×
  The court should have excluded testimony of patients not listed in the indictment as it was improperly admitted under Rule 404(b) to prove character rather than intent for the charged offenses.
• LA Reina Pharmacy, Inc. v. Lopez
  453 So. 2d 882· Fla. 3d DCA· 1984-08-07 ·cited 16×
  The Third District Court of Appeal affirmed a trial court's grant of a new trial in a slip-and-fall personal injury case, finding that defense counsel's improper questioning about the plaintiff's use of a derogatory term to describe unemployment office clients was inflammatory, i
• Hager v. State
  439 So. 2d 996· Fla. 4th DCA· 1983-10-26 ·cited 16×·via Admissibility Of Character Evidence
  The court held that the trial court erred in refusing to allow the defendant to present evidence of the victim's reputation for violence and specific violent acts in support of a self-defense claim.
• Wrobel v. State
  410 So. 2d 950· Fla. 5th DCA· 1982-02-17 ·cited 16×
  Wrobel was convicted of trafficking in stolen property after the trial court granted the state's motion to prohibit him from testifying that he had never been convicted of a crime. The appellate court affirmed, holding that Florida law permits character evidence only through repu
• United States v. Leighton Lee FAY
  668 F.2d 375· 8th Cir.· 1981-12-30 ·cited 16×
  The court held that the trial court erred in refusing to instruct the jury on intoxication as a defense to assault with a deadly weapon, as the evidence supported such a claim. However, the exclusion of character evidence for self-defense was deemed harmless error.
• United States v. Edwards
  549 F.2d 362· 5th Cir.· 1977-03-24 ·cited 16×
  The court held that the trial court did not err in denying motions related to contingent fee informers, severance, cross-examination of character witnesses, failure to disclose consideration, restriction of cross-examination, sufficiency of evidence, admission of evidence, or ref
• United States v. Hykel
  461 F.2d 721· 3d Cir.· 1972-05-23 ·cited 16×
  The court held that the evidence was sufficient to support the conviction and that the district court's evidentiary rulings were not erroneous, affirming the judgment of conviction.
• United States v. Parker
  447 F.2d 826· 7th Cir.· 1971-08-10 ·cited 16×
  The court held that it was error to exclude evidence of the appellant's reputation for honesty among his IRS colleagues and that the prosecutor's latitude in developing the fraud referral contention while restricting the appellant's response was an error. These errors, along with
• United States v. Halperin
  441 F.2d 612· 5th Cir.· 1971-04-22 ·cited 16×
  The admission of certain police records used for impeachment was prejudicial error, and the indictment may have been fatally defective.
• United States v. Polack
  442 F.2d 446· 3d Cir.· 1971-04-05 ·cited 16×·via Cross-Examination Of Character Witnesses
  The court held that comments made by the prosecution regarding the defendant's judicial position, cross-examination of character witnesses, and jury instructions on willfulness did not constitute reversible error.
• United States v. Goad
  426 F.2d 86· 10th Cir.· 1970-05-18 ·cited 16×
  The court held that evidence seized during a search of Goad's premises was inadmissible because the search, conducted after Goad was arrested and removed from the scene, was not a lawful incident of the arrest under pre-Chimel standards. Waymire lacked standing to challenge the s
• United States v. Gilmore
  398 F.2d 679· 7th Cir.· 1968-07-25 ·cited 16×