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. Zelinka
  862 F.2d 92· 6th Cir.· 1988-11-25 ·cited 24×
  The court held that the admission of evidence of post-conspiracy cocaine possession was an abuse of discretion under Federal Rule of Evidence 404(b) because it was not probative of any material issue other than character and thus was inadmissible 'other crimes' evidence.
• United States v. Schrock
  855 F.2d 327· 6th Cir.· 1988-08-24 ·cited 24×
  The court held that the defendant was properly indicted for conspiracy to distribute a Schedule II controlled substance and that the district court did not err in admitting testimony about alleged illicit transactions without scientific proof of the substance's identity.
• Nissho-Iwai Co., Ltd. v. Occidental Crude Sales, Inc.
  848 F.2d 613· 5th Cir.· 1988-07-01 ·cited 24×
  The court held that the district court erred in granting judgment notwithstanding the verdict and in conditionally granting a new trial, and affirmed the directed verdict on the Nereus settlement.
• United States v. Arango-Correa
  851 F.2d 54· 2d Cir.· 1988-06-27 ·cited 24×
  The court affirmed the convictions, holding that the defendants' consent to search was voluntary, the display of cocaine was not unduly prejudicial, the audiotapes were admissible despite some inaudible portions, and the drug records were properly admitted.
• United States v. Wiley
  846 F.2d 150· 2d Cir.· 1988-05-06 ·cited 24×
  The court held that the evidence was insufficient to support Reynolds' conviction for aiding and abetting the SCS wire fraud scheme, reversing that conviction. Other convictions were affirmed.
• United States v. Leon Hudson & Reginald Smith
  843 F.2d 1062· 7th Cir.· 1988-04-11 ·cited 24×
  The court held that the district court abused its discretion by admitting certain prior bad acts evidence and photographs that were not properly linked to the charged crime or were unduly prejudicial, requiring reversal of the convictions.
• United States v. Bentley
  825 F.2d 1104· 7th Cir.· 1987-06-24 ·cited 24×
  The court affirmed the convictions, holding that the evidence was sufficient to support the jury's finding that the defendants participated in a scheme to defraud, and that the search warrant was sufficiently particular given the nature of the fraudulent business.
• United States v. Salim Fakhoury
  819 F.2d 1415· 7th Cir.· 1987-05-26 ·cited 24×
  The court affirmed the appellant's convictions, finding sufficient evidence for attempted arson and mail fraud, and that the admission of prior misconduct evidence and prosecutorial remarks did not deny a fair trial.
• United States v. ST. Pierre
  812 F.2d 417· 8th Cir.· 1987-03-03 ·cited 24×
  The court held that the trial court did not err in its evidentiary rulings or in failing to appoint expert witnesses.
• United States v. Langford
  802 F.2d 1176· 9th Cir.· 1986-10-21 ·cited 24×
  The court held that the admission of lay witness opinion testimony and the exclusion of expert testimony on eyewitness identification were not erroneous, and that potential jury exposure to a parole officer was not prejudicial.
• United States v. Dearld Gene Davis
  780 F.2d 838· 10th Cir.· 1985-12-19 ·cited 24×
  The court affirmed the convictions, finding sufficient evidence for the Travel Act violation, no Fifth Amendment violation from grand jury testimony, lawful admission of wiretapped conversations, admissible tape recordings, and properly admitted evidence against both defendants.
• United States v. Eirin
  778 F.2d 722· 11th Cir.· 1985-12-19 ·cited 24×
  The court held that the district court did not err in admitting Botero's post-arrest statements, coconspirator statements, or evidence of other money laundering schemes, and that the denial of severance motions and claims of judicial/prosecutorial misconduct were also without mer
• Cathey v. Johns-Manville Sales Corp.
  776 F.2d 1565· 6th Cir.· 1985-11-13 ·cited 24×
  The court held that Tennessee law permits punitive damages in asbestos products liability cases if the plaintiff meets the state's standard for fraud, malice, gross negligence, or recklessness, and that the evidence supported the jury's award in this case. The court also affirmed
• United States v. Doyle
  771 F.2d 250· 7th Cir.· 1985-08-20 ·cited 24×
  The court held that a defendant must testify to preserve a claim of improper impeachment with prior convictions and that statements made by co-conspirators after the bombing were admissible as made in furtherance of the conspiracy.
• Barrel OF FUN, Inc. v. State Farm Fire & Cas. Co.
  739 F.2d 1028· 5th Cir.· 1984-08-24 ·cited 24×
  Expert testimony based solely on the results of a psychological stress evaluation (PSE) is inadmissible because it lacks sufficient scientific acceptance and reliability, similar to polygraph evidence.
• United States v. Brown
  720 F.2d 1059· 9th Cir.· 1983-11-18 ·cited 24×
  The court held that the admission of Sergeant McNabb's testimony, which recounted statements made by appellant Jackson during a custodial street confrontation, was prejudicial error violating Miranda and Rule 403, requiring reversal.
• United States v. Whitfield
  715 F.2d 145· 4th Cir.· 1983-08-22 ·cited 24×
  The court held that the trial court did not err in denying the appellant's motion to require the prosecution to articulate non-biased rationale for peremptory strikes, nor in admitting photographic evidence, and that the evidence was sufficient to sustain the convictions.
• United States v. Eusebio Whittaker Bent
  707 F.2d 1190· 11th Cir.· 1983-06-20 ·cited 24×
  The court held that the trial court properly denied the motion to suppress evidence seized from the vessel, admitted co-conspirator statements, denied severance motions, admitted extrinsic evidence, allowed cross-examination on prior drug smuggling, and gave a proper supplemental
• Gross v. Black & Decker (U.S.), Inc.
  695 F.2d 858· 5th Cir.· 1983-01-17 ·cited 24×
  The court held that the trial court did not err in admitting evidence of the employer's negligence as relevant to a sole cause defense, nor in denying motions for directed verdict or judgment notwithstanding the verdict on claims of negligence, gross negligence, contributory negl
• Leota A. DeLURYEA v. Winthrop Labs.
  697 F.2d 222· 8th Cir.· 1983-01-05 ·cited 24×
  The court held that the trial court erred in excluding the deposition of a deceased treating physician, as it was admissible under Rule 804(b)(1) and its exclusion substantially prejudiced the defendant.
• Robert v. Conti Carriers & Terminals, Inc.
  692 F.2d 22· 5th Cir.· 1982-12-02 ·cited 24×
  The court held that numerous alleged trial errors, including evidentiary rulings and jury instructions, did not constitute reversible error, and the jury's verdict was supported by sufficient evidence.
• United States v. Sir Walter Raleigh Bouye, Jr.
  688 F.2d 471· 7th Cir.· 1982-09-09 ·cited 24×
  The court held that the government was not obligated to disclose its witnesses' identities prior to trial because the defendant's unsolicited alibi notice did not trigger the reciprocal disclosure requirement under Rule 12.1(b) of the Federal Rules of Criminal Procedure. The cour
• Liew v. Official Receiver AND Liquidator (Hong Kong)
  685 F.2d 1192· 9th Cir.· 1982-09-03 ·cited 24×
  The court held that the trial court erred in its choice of law determination regarding the assignment's validity, and that Singapore law should apply. The exclusion of evidence regarding the Moscow Norodny Bank was not an abuse of discretion.
• United States v. Auerbach
  682 F.2d 735· 8th Cir.· 1982-07-06 ·cited 24×
  The court affirmed the conviction, finding that while some prosecutorial remarks were improper, they did not deprive the defendant of a fair trial due to prompt judicial action and strong evidence.
• United States v. Tibbetts
  646 F.2d 193· 5th Cir.· 1981-05-28 ·cited 24×
  The court held that the defendant's Fifth Amendment rights did not justify withholding non-incriminating tax information and that the evidence did not support a claim of selective prosecution.
• United States v. Murzyn
  631 F.2d 525· 7th Cir.· 1980-10-03 ·cited 24×
  The court held that the introduction of prior misconduct evidence was permissible to rebut defenses of coercion and entrapment, and that other alleged errors did not constitute reversible error.
• United States v. Bocra
  623 F.2d 281· 3d Cir.· 1980-05-29 ·cited 24×
  The court held that the trial court did not err in limiting discovery and excluding evidence of other bribery cases involving the IRS agent, nor did it err in refusing to find entrapment as a matter of law.
• United States v. Kizer
  569 F.2d 504· 9th Cir.· 1978-02-10 ·cited 24×
  The court held that the trial court did not abuse its discretion in limiting cross-examination regarding a witness's past drug addiction, nor did it err in removing the defendant from the courtroom for disruptive behavior.
• United States v. Carrillo
  561 F.2d 1125· 5th Cir.· 1977-10-31 ·cited 24×
  The court held that evidence of state law violations was admissible to prove tax fraud and that a codefendant's statement, even if hearsay, was harmless error.
• United States v. Dudek
  560 F.2d 1288· 6th Cir.· 1977-08-16 ·cited 24×
  The court held that the district judge did not abuse discretion admitting evidence of other crimes under Federal Rule of Evidence 404(b).
• United States v. DeVINCENT
  546 F.2d 452· 1st Cir.· 1976-12-08 ·cited 24×
  The court held that the jury instructions, when read as a whole, adequately conveyed the statutory requirements for proving an extortionate extension of credit, and that the admission of certain evidence was not reversible error.
• United States v. Robinson
  544 F.2d 611· 2d Cir.· 1976-11-01 ·cited 24×
  The dissenting judge held that the trial court did not abuse its discretion in admitting evidence of the defendant's post-arrest possession of a .38 caliber handgun, finding it highly probative of his participation in the bank robbery.
• United States v. Fairchild
  526 F.2d 185· 7th Cir.· 1975-11-25 ·cited 24×
  The court affirmed the conviction, finding no violation of the speedy trial right and upholding the denial of the motion to suppress evidence from a warrantless arrest.
• Wyon Dale Childers v. Floyd
  642 F.3d 953· 11th Cir.· 2011-06-02 ·cited 23×
  Wyon Dale Childers was convicted of bribery and unlawful compensation for official behavior based largely on testimony from Willie Junior, a co-conspirator who entered a plea agreement with the State. Childers sought to cross-examine Junior about the Elliot acquittal and a Notice
• Reynolds v. State
  660 So. 2d 778· Fla. 4th DCA· 1995-09-20 ·cited 23×
  Reynolds was convicted of sexual battery on a child and indecent assault based on hearsay testimony from four witnesses recounting the child victim's statements about the alleged crime. The appellate court affirmed the convictions, finding the trial court properly admitted the ch
• United States v. Perrone
  936 F.2d 1403· 2d Cir.· 1991-06-13 ·cited 23×
• United States v. Coiro
  922 F.2d 1008· 2d Cir.· 1991-01-03 ·cited 23×
  The court held that two counts of obstructing a criminal investigation under 18 U.S.C. § 1510(a) were multiplicitous and one must be vacated, but affirmed the other convictions.
• Jones v. The Auto. Ins. Co. OF Hartford
  917 F.2d 1528· 11th Cir.· 1990-09-04 ·cited 23×
  The court held that the district court erred by converting a motion to dismiss into a motion for summary judgment without providing the required ten-day notice to the non-moving party. The court also affirmed the district court's interpretation of a statutory provision as a limit
• United States v. Shirley
  884 F.2d 1130· 9th Cir.· 1989-08-24 ·cited 23×
  The court held that the district court did not abuse its discretion in admitting testimony, denying a motion to subpoena witnesses at government expense, admitting summary charts, denying a motion for acquittal, or denying a motion for continuance. The court affirmed the convicti
• Allstate Ins. Co. v. James
  845 F.2d 315· 11th Cir.· 1988-05-18 ·cited 23×
  The court held that counsel's closing remarks suggesting the jury could control insurance premiums by their verdict, coupled with the trial court's failure to sustain an objection and instruct the jury, constituted reversible error. Additionally, admitting testimony that the insu
• United States v. Huddleston
  811 F.2d 974· 6th Cir.· 1987-02-20 ·cited 23×
  The court held that the preponderance of the evidence standard, not clear and convincing proof, governs the admissibility of similar acts evidence under Fed.R.Evid. 404(b), and that any errors in admitting evidence or instructing the jury were harmless.
• United States v. Bertram
  805 F.2d 1524· 11th Cir.· 1986-12-17 ·cited 23×
  The court held that the search and seizure were lawful, the trial judge's conduct did not deny a fair trial, evidentiary rulings were within discretion, and the evidence was sufficient to convict.
• United States v. Satterfield
  644 F.2d 1092· 5th Cir.· 1981-05-14 ·cited 23×
  The court held that the trial court did not err in admitting evidence of a prior similar offense, denying a motion for continuance, instructing the jury on ignorance of the law, or denying a motion to suppress incriminating statements.
• Blair v. State
  667 So. 2d 834· Fla. 4th DCA· 1996-01-10 ·cited 22×
  Lance Blair appeals his convictions for burglary, grand theft, dealing in stolen property, and conspiracy to commit burglary arising from a Palm Beach home burglary. The court affirmed convictions for burglary, dealing in stolen property, and conspiracy; reversed the grand theft
• United States v. Tejeda
  974 F.2d 210· 1st Cir.· 1992-09-01 ·cited 22×
  The court held that the evidence was sufficient to convict Tejeda of conspiracy and that the district court did not err in admitting certain evidence or denying severance. Christian's claims regarding informant disclosure and entrapment were also rejected.
• United States v. Lennartz
  948 F.2d 363· 7th Cir.· 1991-11-21 ·cited 22×
  The court held that the district court did not err in admitting evidence of prior uncharged misconduct under Federal Rule of Evidence 404(b), in giving a conscious avoidance instruction, or in finding sufficient evidence to support the mail fraud convictions.
• United States v. Lokey
  945 F.2d 825· 5th Cir.· 1991-10-10 ·cited 22×
  The court affirmed the convictions, holding that the evidence supported a single conspiracy and that the admission of evidence predating the indictment's timeframe was permissible.
• United States v. Sabatino
  943 F.2d 94· 1st Cir.· 1991-08-15 ·cited 22×
  The court held that the district court did not err in denying severance, that sufficient evidence supported the convictions, that evidentiary rulings were proper or harmless, and that sentencing adjustments for obstruction of justice and leading role were appropriate, but vacated
• United States v. Gonzalez-Lira
  936 F.2d 184· 5th Cir.· 1991-07-09 ·cited 22×
  The court held that the trial court did not abuse its discretion in admitting evidence of a prior smuggling attempt, and that the evidence was sufficient to support the conviction.
• United States v. Dunn
  946 F.2d 615· 9th Cir.· 1991-06-10 ·cited 22×
  The court held that evidence of drug dealing was relevant to motive and corroboration, and that the district court did not abuse its discretion in admitting or excluding certain evidence. The court also affirmed the sentence enhancement for prior violent felonies and the classifi