Federal Rule Of Evidence 403

2,249 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• United States v. Franklin
  704 F.2d 1183· 10th Cir.· 1983-04-12 ·cited 38×
  The court held that the district court did not err in admitting evidence of a prior act, admitting testimony regarding a jailhouse phone call, allowing a government witness to testify despite discovery policy issues, denying a motion for a new trial, or finding the evidence suffi
• United States v. Howton
  688 F.2d 272· 5th Cir.· 1982-09-17 ·cited 38×
  The court held that the defendants knowingly and voluntarily waived their right to conflict-free counsel and that the trial court did not err in its rulings regarding the production of a witness report or the admission of evidence concerning a murder.
• United States v. Bernhardt
  642 F.2d 251· 8th Cir.· 1981-03-05 ·cited 38×
  The court held that the trial court did not abuse its discretion in denying a continuance or in excluding legal materials from evidence.
• Pitts v. Electro-Static Finishing, Inc.
  607 F.2d 799· 8th Cir.· 1979-10-23 ·cited 38×
  The court held that the trial judge did not err in granting a new trial after the first jury's verdict, nor in refusing to admit late-offered evidence or give a res ipsa loquitur instruction after the second trial.
• Green Miller, Jr. v. Poretsky
  595 F.2d 780· D.C. Cir.· 1978-12-28 ·cited 38×
  The court held that while the exclusion of evidence regarding other tenants' discrimination claims was erroneous, it was harmless error and did not affect the substantial rights of the parties, thus not warranting reversal.
• United States v. Cobb
  588 F.2d 607· 8th Cir.· 1978-12-07 ·cited 38×
  The court held that the trial court did not err in admitting evidence of altered title certificates and prior convictions, as the defendant waived objections to the 1949 conviction by testifying about it.
• United States v. Whetzel
  589 F.2d 707· D.C. Cir.· 1978-11-27 ·cited 38×
  The court held that the government failed to prove the transported tapes had a value of $5,000 or more, thus reversing convictions for transporting stolen property. Copyright infringement convictions were affirmed.
• John McSHAIN, Inc. v. Cessna Aircraft Co. v. Wings, Inc.
  563 F.2d 632· 3d Cir.· 1977-10-07 ·cited 38×
  The court held that the trial court did not err in admitting a pre-trial release of a third party to impeach a witness, nor in refusing to admit National Transportation Safety Board reports, and affirmed the judgment.
• United States v. Satterfield
  548 F.2d 1341· 9th Cir.· 1977-02-16 ·cited 38×
  Joinder of a defendant in an indictment is improper under Fed.R.Crim.P. 8(b) if the offenses charged do not arise from the same series of transactions, even if the offenses are similar in character.
• United States v. Simmons
  503 F.2d 831· 5th Cir.· 1974-11-07 ·cited 38×
  The court held that the admission of testimony regarding a prior similar act was proper to show intent, the accomplice instruction was appropriate, and the evidence was sufficient for conviction, but the sentence imposed was illegal.
• Glavin v. United States
  396 F.2d 725· 9th Cir.· 1968-06-07 ·cited 38×
  The court held that the trial court did not err in denying the motion to withdraw counsel, denying the motion to suppress evidence, admitting documents, or in its jury instructions regarding possession of recently stolen property.
• United States v. Stevens
  935 F.2d 1380· 3d Cir.· 1991-06-12 ·cited 37×
  The court held that the district court erred in excluding expert testimony on eyewitness identification reliability and in excluding evidence of a similar crime, requiring reversal.
• United States v. Duncan
  919 F.2d 981· 5th Cir.· 1990-12-14 ·cited 37×
  The court affirmed the convictions, finding no error in the district court's rulings on venue, evidence, jury instructions, sufficiency of evidence, or sentencing.
• United States v. McELROY
  910 F.2d 1016· 2d Cir.· 1990-07-31 ·cited 37×
  The court affirmed the convictions, holding that the bank bribery statute was not unconstitutionally vague as applied, that there was no improper overlap in the charges, and that the trial court did not abuse its discretion in its evidentiary or sentencing rulings.
• Belen Torres v. Cnty. OF Oakland & Oakland Cnty. Cmty. Mental Health Servs. Bd.
  758 F.2d 147· 6th Cir.· 1985-03-19 ·cited 37×
  The court held that admitting testimony containing a legal conclusion was harmless error, and that a single instance of derogatory language or a downgraded evaluation, without more, does not constitute a separate claim for employment discrimination.
• United States v. Jardina
  747 F.2d 945· 5th Cir.· 1984-11-15 ·cited 37×
  The court held that the defendant's inculpatory statements, the counterfeit bills, and evidence of Texas activities were admissible, and that no unreasonable delay occurred before his appearance before a magistrate.
• United States v. Johnson
  730 F.2d 683· 11th Cir.· 1984-04-23 ·cited 37×
  The court held that the trial court did not err in denying a good faith reliance on expert advice instruction, in giving a curative instruction, in limiting character witnesses, or in admitting extrinsic acts evidence. Sufficiency of evidence supported the convictions.
• United States v. Portsmouth Paving Corp. & R. Curtis Saunders, Jr.
  694 F.2d 312· 4th Cir.· 1982-11-08 ·cited 37×
  The court held that the district court erred in excluding the testimony of the defendants' expert witness, David Parcell.
• United States v. York
  933 F.2d 1343· 7th Cir.· 1991-06-03 ·cited 36×
  The court held that evidence of the defendant's prior murder and insurance fraud was admissible under Federal Rule of Evidence 404(b) to prove intent and motive for the charged crimes, and that the jury could reasonably conclude the defendant committed the prior murder.
• Delgado v. State
  573 So. 2d 83· Fla. 2d DCA· 1990-12-28 ·cited 36×
  Esteban Delgado was convicted of first-degree murder in the shooting death of Joe King. The Florida appellate court reversed and remanded for a new trial, finding that the trial court erred by admitting evidence of other crimes (Delgado's boast of killing ten men and drug use) wi
• United States v. Hiland
  909 F.2d 1114· 8th Cir.· 1990-07-19 ·cited 36×
  The court affirmed convictions for conspiracy, mail fraud, and FDCA violations, but vacated a portion of Carter-Glogau's sentence regarding prosecution costs.
• Wheeler v. John Deere Co.
  862 F.2d 1404· 10th Cir.· 1988-12-02 ·cited 36×
  The court held that admitting evidence of other accidents to impeach an expert without a finding of substantial similarity, and admitting evidence of subsequent design changes after a stipulation of feasibility, constituted reversible error.
• United States v. Shurn
  849 F.2d 1090· 8th Cir.· 1988-06-16 ·cited 36×
  The court held that the evidence was sufficient to support the conviction for possession with intent to distribute heroin, and that the trial court did not err in its evidentiary and instructional rulings.
• United States v. Scelzo
  810 F.2d 2· 1st Cir.· 1987-01-23 ·cited 36×
  The court held that admitting evidence of prior fraudulent credit card activity was proper, and refusing a mistrial and a specific cautionary instruction for co-conspirator testimony was not an abuse of discretion.
• United States v. Lundy
  809 F.2d 392· 7th Cir.· 1987-01-12 ·cited 36×
  The court held that the district court did not err in admitting expert testimony regarding the cause of the fire and that sufficient evidence supported the jury's convictions for arson and mail fraud.
• Maddox v. The City OF LOS Angeles
  792 F.2d 1408· 9th Cir.· 1986-06-26 ·cited 36×
  The court held that the jury instructions regarding due process, deliberate indifference, CPR, negligence per se, and the admissibility of evidence were not erroneous, and therefore affirmed the jury's verdict for the defendants.
• United States v. Ellison
  793 F.2d 942· 8th Cir.· 1986-06-17 ·cited 36×
  The court held that the search warrant was valid, the evidence seized was admissible, and the defendant's convictions for RICO and interstate travel to promote arson were supported by sufficient evidence.
• Hill v. Bache Halsey Stuart Shields Inc.
  790 F.2d 817· 10th Cir.· 1986-05-06 ·cited 36×
  The court held that the district court erred in instructing the jury that mere negligence or constructive fraud could violate the Commodity Exchange Act, in giving a broad fiduciary duty instruction under the CEA, and in excluding evidence of the plaintiff's subsequent trading. T
• Jefferey Dale Ellis v. Int'l Playtex, Inc.
  745 F.2d 292· 4th Cir.· 1984-09-25 ·cited 36×
  The court held that epidemiological studies linking tampon use to Toxic Shock Syndrome, conducted by public health agencies, were improperly excluded as hearsay under Fed.R.Evid. 803(8)(C) and should have been admitted.
• United States v. Webster
  734 F.2d 1191· 7th Cir.· 1984-05-09 ·cited 36×
  The prosecution may impeach a witness with prior inconsistent statements, even if the witness is called by the prosecution, as long as it is not done in bad faith as a mere subterfuge to introduce inadmissible hearsay.
• Ware v. Reed
  709 F.2d 345· 5th Cir.· 1983-07-11 ·cited 36×
  The court held that the jury instructions on the plaintiff's federal claims were deficient and misleading, requiring reversal and a new trial.
• Smith v. The Town OF Clarkton
  682 F.2d 1055· 4th Cir.· 1982-06-29 ·cited 36×
  The court held that the town officials' actions in halting a public housing project, motivated by racially discriminatory intent and effect, violated the Fair Housing Act and the Fourteenth Amendment.
• United States v. Lawton Scott Mock
  640 F.2d 629· 5th Cir.· 1981-03-23 ·cited 36×
  The court held that the trial court did not err in admitting testimony regarding events in December 1972, as it was distinct from the conspiracy alleged to have occurred between January and June 1972, and thus not barred by collateral estoppel. The court also affirmed the admissi
• United States v. Gaylord Alfred TWO Eagle
  633 F.2d 93· 8th Cir.· 1980-10-08 ·cited 36×
  The court held that evidence of the defendant's possession of the victim's stolen car was admissible and sufficient, along with other circumstantial evidence, to support a juvenile delinquency adjudication for assault.
• 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. Lutz
  621 F.2d 940· 9th Cir.· 1980-05-09 ·cited 36×
  The court held that the evidence supported a finding of a single fraudulent scheme, the admission of prior bad acts evidence was proper, and any errors were harmless.
• United States v. Jimenez
  613 F.2d 1373· 5th Cir.· 1980-03-21 ·cited 36×
  The court held that the prosecutor's cross-examination of the defendant about possession of cocaine, an unrelated offense occurring a year later, violated Federal Rule of Evidence 404(b) because the evidence was not relevant to any issue other than the defendant's character and w
• United States v. Knight
  607 F.2d 1172· 5th Cir.· 1979-12-07 ·cited 36×
  The court held that the evidence was sufficient to prove defendants' participation in the mail fraud scheme and that the mailings were sufficiently connected to the scheme to support their convictions.
• United States v. Lonjinos Ramos Contreras
  602 F.2d 1237· 5th Cir.· 1979-09-24 ·cited 36×
  The court held that the trial court did not err in restricting cross-examination of a DEA agent when there was a reasonable fear for the agent's safety, and that evidence of the defendant's cocaine use was admissible to show knowledge of illicit drugs.
• United States v. Sigal
  572 F.2d 1320· 9th Cir.· 1978-03-30 ·cited 36×
  The court affirmed the conviction, holding that the prosecutor's comments on the defendant's failure to testify were harmless error, the admission of prior conviction evidence was proper, and the evidence was sufficient to sustain the conviction.
• United States v. Lewie Frank Tidwell
  559 F.2d 262· 5th Cir.· 1977-09-14 ·cited 36×
  The court affirmed convictions on counts related to misapplication of bank funds, finding the jury instructions on intent were proper and the exclusion of foreclosure evidence was not an abuse of discretion. The court declined to reach other counts due to the concurrent sentence
• United States v. Kopel
  552 F.2d 1265· 7th Cir.· 1977-04-19 ·cited 36×
  It was impermissible to show the jury that Kopel consulted his attorney before answering incriminating questions, as this violates due process principles established in Doyle v. Ohio.
• United States v. Benny ONG
  541 F.2d 331· 2d Cir.· 1976-09-14 ·cited 36×
  The court held that while the denial of a severance to one defendant may have been erroneous, it constituted harmless error given the overwhelming evidence of guilt. The admission of certain conversations regarding narcotics was also deemed not to have deprived the defendants of
• United States v. Thalia Adderly and Simeon Adderly, Sr.
  529 F.2d 1178· 5th Cir.· 1976-04-09 ·cited 36×
  The court held that the admission of a prior conviction as evidence of intent, even during the government's case in chief, was permissible under the peculiar circumstances where the defense's reliance on lack of knowledge or innocent intent could be anticipated from a prior trial
• United States v. Infelice
  506 F.2d 1358· 7th Cir.· 1974-08-08 ·cited 36×
  The court held that the trial court did not err in admitting tape recordings, finding the informant credible, and denying polygraph examinations, affirming the convictions.
• 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.
• Starrett v. Wadley
  876 F.2d 808· 10th Cir.· 1989-05-22 ·cited 35×
  The court held that sexual harassment can violate the Fourteenth Amendment's Equal Protection Clause and that a supervisor's termination of an employee can constitute official policy for which a county may be liable under Section 1983, but other acts of harassment may not.
• United States v. Johnson
  820 F.2d 1065· 9th Cir.· 1987-06-24 ·cited 35×
  The court held that the district court did not err in admitting evidence of an uncharged bank robbery, denying severance, admitting currency seized without a warrant, admitting lineup identifications, or in its handling of Jencks Act material, and denied a remand for ineffective
• United States v. Vesich
  724 F.2d 451· 5th Cir.· 1984-01-24 ·cited 35×
  The court held that the evidence was sufficient to establish a pending judicial proceeding and the defendant's knowledge for the obstruction of justice charge, and that the defendant's statements constituted perjury, not a valid recantation.
• United States v. Falsia
  724 F.2d 1339· 9th Cir.· 1983-11-18 ·cited 35×
  The court held that the district court did not err in refusing to admit polygraph evidence, refusing a specific jury instruction, denying a motion for mistrial based on prosecutorial misconduct, or excluding juror declarations regarding deliberations.