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. DeVAUGHN
  601 F.2d 42· 2d Cir.· 1979-04-05 ·cited 18×
  The court held that the admission of evidence of the defendant's subsequent possession of heroin was improper under Federal Rule of Evidence 404(b) because it was not directly relevant to an issue in the case and risked conviction based on propensity rather than guilt.
• United States v. Childs
  598 F.2d 169· D.C. Cir.· 1979-01-10 ·cited 18×
  The court held that the admission of evidence of other criminal activity was not reversible error, either because it was relevant to prove intent or because its admission was harmless error, and that the lack of a limiting instruction was not plain error.
• 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. Seymour Rosenwasser
  550 F.2d 806· 2d Cir.· 1977-02-24 ·cited 18×
  The court held that the district court did not err in denying severance or admitting testimony of a subsequent similar offense by a co-defendant, nor in refusing to allow cross-examination of a government agent.
• United States v. Ervin Cowsen
  530 F.2d 734· 7th Cir.· 1976-02-06 ·cited 18×
  The court held that the delay between the offense and indictment was not unreasonable or prejudicial, and the defendant's statements at arrest were admissible.
• 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. Dair Renee Banks & Darnell Williams
  520 F.2d 627· 7th Cir.· 1975-07-23 ·cited 18×
  The court held that while the trial court erred in precluding all inquiry into the informers' drug use during trial, this error was harmless. The court also held that extrinsic evidence of drug use by one informer was inadmissible due to privilege and lack of foundation.
• James v. State
  765 So. 2d 763· Fla. 1st DCA· 2000-06-26 ·cited 17×
  Derrick James was convicted of second-degree murder and carrying a concealed firearm. The court reversed his conviction because the trial court improperly allowed the prosecution to impeach witness Chad Jones with a prior inconsistent statement that was neither truly inconsistent
• In re Brooklyn Navy Yard Asbestos Litig. (Joint E. & S. Dist. Asbestos Litigation)
  971 F.2d 831· 2d Cir.· 1992-06-30 ·cited 17×
  The court held that plaintiffs' proof of causation was sufficient, the jury instructions on superseding cause were adequate, and the district court properly applied the government contractor defense to bar design defect claims. The court also affirmed the exclusion of certain evi
• United States v. Jones
  933 F.2d 1541· 11th Cir.· 1991-06-19 ·cited 17×
  The court affirmed convictions and sentences, finding no reversible error in jury instructions, admission of evidence, sufficiency of evidence, sentencing enhancements, or constitutional challenges.
• United States v. Lucas
  932 F.2d 1210· 8th Cir.· 1991-04-26 ·cited 17×
  The court affirmed convictions and sentences, except for specific sentencing enhancements on certain counts, which were vacated and remanded for resentencing.
• Hines v. Consol. Rail Corp. v. Gen. Elec. Co.
  926 F.2d 262· 3d Cir.· 1991-02-13 ·cited 17×
  The court held that the district court erred in granting summary judgment without providing the plaintiff adequate opportunity to present evidence and contest the defendant's expert testimony, especially under the more lenient FELA causation standard.
• Agfa-Gevaert v. A.B. Dick Co.
  879 F.2d 1518· 7th Cir.· 1989-07-18 ·cited 17×
  The court agrees with the judgment but notes the contract is ambiguous, requiring further proceedings.
• United States v. Anderson
  859 F.2d 1171· 3d Cir.· 1988-10-21 ·cited 17×
  The court held that the district court did not err in denying the motion to suppress evidence found during the vehicle search, nor in refusing to suppress roadside statements, and that the evidence was not unfairly prejudicial. The court also affirmed the denial of the motion to
• Hines v. JOY Mfg. Co. & Long-Airdox Co.
  850 F.2d 1146· 6th Cir.· 1988-06-29 ·cited 17×
  The court held that the district court properly granted summary judgment for the manufacturer because the product was substantially altered by the employer without the manufacturer's specifications, and that the district court did not abuse its discretion in bifurcating the trial
• Lucien Sherrod v. Berry
  827 F.2d 195· 7th Cir.· 1987-08-20 ·cited 17×
  The court held that the admission of evidence that the suspect was unarmed after the shooting was prejudicial and irrelevant, and that the jury instructions regarding prior misconduct were improper.
• United States v. Brown
  770 F.2d 768· 9th Cir.· 1985-09-03 ·cited 17×
  The court held that the district court did not abuse its discretion in denying requests for psychiatric examinations, admitting evidence under Rule 404(b), admitting passports under Rule 803(24), or denying motions for severance. The court also found that the indictment sufficien
• United States v. Wyatt
  762 F.2d 908· 11th Cir.· 1985-06-11 ·cited 17×
  The court held that evidence of a prior drug offense, even if based on a nolo contendere plea, is admissible under Fed.R.Evid. 404(b) to prove intent, provided it is relevant and its probative value is not substantially outweighed by prejudice. Objections not raised at trial are
• United States v. Wilson
  750 F.2d 7· 2d Cir.· 1984-11-28 ·cited 17×
  The court held that the district court did not err in precluding the defendant from presenting detailed evidence of classified intelligence activities as a defense.
• United States v. Al Leichtman
  742 F.2d 598· 11th Cir.· 1984-09-24 ·cited 17×
  The court held that the evidence was sufficient to sustain the convictions of Neil and Paul Lombardo for conspiracy and kidnapping, and that the marijuana evidence was admissible. The court affirmed the convictions of Leichtman, Sal Lombardo, and Neil, and reversed the acquittal
• Chase v. Consol. Foods Corp.
  744 F.2d 566· 7th Cir.· 1984-09-11 ·cited 17×
  The court held that the jury instructions on apparent authority, while flawed, were not reversible error, and the exclusion of evidence regarding potential financing was proper under Rule 403.
• Brumley Estate v. Iowa Beef Processors, Inc.
  704 F.2d 1351· 5th Cir.· 1983-05-19 ·cited 17×
  The court held that the district court did not abuse its discretion in refusing to apply collateral estoppel or in excluding evidence of prior agency determinations. The court also affirmed the summary judgment dismissing the claim based on Texas Revised Civil Statutes article 69
• United States v. Pok Sin Bowers
  660 F.2d 527· 5th Cir.· 1981-09-02 ·cited 17×
  The court held that the district court did not err in admitting testimony regarding the battered child syndrome, excluding testimony about the defendant's intent to kill, admitting a photograph of the victim's heart, instructing the jury on intent and burden of proof, taking judi
• United States v. Free
  574 F.2d 1221· 5th Cir.· 1978-06-12 ·cited 17×
  The court held that evidence of the defendant's homosexuality and intimidation of other prisoners was admissible to prove malice aforethought for second-degree murder, and the indictment was not multiplicitous.
• Eberli v. Cirrus Design Corp.
  615 F. Supp. 2d 1357· S.D. Fla.· 2009-05-19 ·cited 16×
  The court held that expert testimony must be based on reliable methodology and assist the trier of fact, excluding opinions that are speculative or merely adopt another expert's conclusions without independent analysis.
• Odell Rutledge v. State
  1 So. 3d 1122· Fla. 1st DCA· 2009-01-21 ·cited 16×
  Odell Rutledge was convicted by jury of two counts of sexual battery against a minor under his custodial authority. On appeal, Rutledge challenged the adequacy of the trial court's Nelson inquiry regarding ineffective assistance of counsel, the failure to conduct a Faretta hearin
• Vargas v. Peltz
  901 F. Supp. 1572· S.D. Fla.· 1995-03-17 ·cited 16×
  The court held that the plaintiff's fabrication of evidence and perjury constituted a fraud on the court, warranting dismissal of the action with prejudice.
• United States v. Pitre
  960 F.2d 1112· 2d Cir.· 1992-03-30 ·cited 16×
  The court held that the district court did not err in admitting prior act evidence and that the evidence was sufficient to support the convictions.
• United States v. Levy
  955 F.2d 1098· 7th Cir.· 1992-01-30 ·cited 16×
  The court held that the district court did not err in admitting evidence of a prior attempted drug transaction under Rule 404(b), in denying the defendant's motion to suppress statements made during a non-custodial interrogation, and in imposing an enhanced sentence.
• United States v. Kramer
  955 F.2d 479· 7th Cir.· 1992-01-30 ·cited 16×
  The court affirmed convictions, but the concurring opinion expressed concerns about the circuit's rule on admitting other-crimes evidence when intent is not disputed.
• M.T. Bonk Co. & Mark T. Bonk v. Milton Bradley Co. & Hasbro, Inc.
  945 F.2d 1404· 7th Cir.· 1991-10-16 ·cited 16×
  The court held that the trial court did not err in denying the motion for a new trial, limiting witness examination, or awarding costs, as the jury verdict was supported by evidence and procedural rulings were not abuses of discretion.
• United States v. Blake
  941 F.2d 334· 5th Cir.· 1991-08-28 ·cited 16×
  The court held that the indictment's joinder of offenses was proper, certain extrinsic evidence was admissible, and the evidence was sufficient to support the convictions.
• United States v. Zimmerman
  943 F.2d 1204· 10th Cir.· 1991-08-28 ·cited 16×
  The court held that the admission of two bankruptcy judges' statements, which concluded the law firm was involved in a conspiracy, constituted reversible error because they were highly prejudicial and went to the ultimate issue of the trial, especially given the lack of direct ev
• Gov't of the Virgin Islands v. Raphello Harris, Sr.
  938 F.2d 401· 3d Cir.· 1991-07-03 ·cited 16×
  The court held that the government presented sufficient evidence to establish the corpus delicti for first-degree murder and possession of a dangerous weapon, and that the admission of prior bad acts evidence was proper.
• United States v. Poole
  929 F.2d 1476· 10th Cir.· 1991-04-04 ·cited 16×
  The court held that the indictment was sufficient, the admission of prior drug sale testimony under Rule 404(b) was proper, the jury instructions were not misleading, and the sentencing based on the total drug quantity was appropriate.
• McEWEN v. The City OF Norman
  926 F.2d 1539· 10th Cir.· 1991-03-01 ·cited 16×
  The court held that the plaintiff failed to preserve most issues for appeal due to lack of contemporaneous objections at trial, and that the admitted evidence and jury instructions did not constitute plain error.
• United States v. Eason
  920 F.2d 731· 11th Cir.· 1990-12-20 ·cited 16×
  The admission of a non-testifying coconspirator's prior conviction is generally plain error and highly prejudicial, requiring reversal.
• Acosta v. Tenneco OIL Co. & Mobil Oil Corp.
  913 F.2d 205· 5th Cir.· 1990-09-18 ·cited 16×
  The court held that the district court abused its discretion by ordering the plaintiff to submit to an examination by a vocational rehabilitation expert or waive the right to call his own expert, as such an order is not authorized by Federal Rule of Civil Procedure 35.
• John Morrell & Co. v. Local Union 304A OF the United Food & Commercial Workers, AFL-CIO
  913 F.2d 544· 8th Cir.· 1990-09-07 ·cited 16×
  The court held that a no-strike clause limited to disputes subject to the contract's peaceful settlement procedures does not clearly and unmistakably waive the right to engage in sympathy strikes.
• United States v. Blackwood
  913 F.2d 139· 4th Cir.· 1990-09-04 ·cited 16×
  The court held that the district court erred in imposing a mandatory life sentence based on two prior convictions arising from a single criminal episode, and affirmed the conviction based on sufficient probable cause for the search warrant.
• United States v. Nolan
  910 F.2d 1553· 7th Cir.· 1990-08-24 ·cited 16×
  The court agrees with the majority's analysis but suggests further scrutiny of the admission of "bad acts" testimony.
• United States v. Williams
  900 F.2d 823· 5th Cir.· 1990-05-10 ·cited 16×
  The court held that extrinsic evidence of prior similar mailings is admissible under Federal Rule of Evidence 404(b) to prove knowledge and intent, provided it passes the Beechum test and is accompanied by proper jury instructions.
• Anne E. Spencer v. Gen. Elec. Co.
  894 F.2d 651· 4th Cir.· 1990-01-16 ·cited 16×
  The court held that the presumption of quid pro quo sexual harassment was not rebutted because the employer's key witness's testimony regarding promotion paperwork was not credible.
• Pieczynski v. Duffy
  875 F.2d 1331· 7th Cir.· 1989-05-30 ·cited 16×
  A campaign of petty harassments directed against a public employee in retaliation for their political beliefs violates the First Amendment unless the harassment is so trivial that a person of ordinary firmness would not be deterred.
• United States v. Oppon
  863 F.2d 141· 1st Cir.· 1988-12-13 ·cited 16×
  The court held that 'other acts' evidence is admissible under Rule 404(b) even when the defense is a general denial, and that allowing a juror to take notes during trial was not an abuse of discretion.
• United States v. Ira Paul Citron
  853 F.2d 1055· 2d Cir.· 1988-08-08 ·cited 16×
  Collateral estoppel does not bar the government from offering evidence in a tax evasion retrial because the defendant failed to establish that the jury verdict in his first trial necessarily determined the facts at issue in his favor, especially given inconsistent verdicts.
• United States v. Segal
  852 F.2d 1152· 9th Cir.· 1988-07-26 ·cited 16×
  The court held that a bank customer can be liable for aiding and abetting the failure to file currency transaction reports if they conspire with a bank officer, and that a conspiracy to defraud the United States under 18 U.S.C. § 371 can be punished as a felony even if the underl
• Ortiz v. Bank OF Am. Nat'l Tr. & Sav. Ass'n
  852 F.2d 383· 9th Cir.· 1987-08-05 ·cited 16×
  The court held that the duty to mitigate damages is a question of fact for the jury, and a workers' compensation settlement does not necessarily bar a claim for breach of the covenant of good faith and fair dealing.
• United States v. Hairston
  819 F.2d 971· 10th Cir.· 1987-05-29 ·cited 16×
  The court held that the trial court did not abuse its discretion in excluding tax protest literature and evidence of a potential tax refund or post-filing IRS interactions, as these were either irrelevant or their probative value was outweighed by the risk of jury confusion.
• United States v. Leight
  818 F.2d 1297· 7th Cir.· 1987-05-05 ·cited 16×
  The court held that "similar act" evidence of prior abuse of other children was admissible under Federal Rule of Evidence 404(b) to show absence of accident, that copies of a destroyed X-ray were admissible, and that sufficient evidence supported the jury's finding that the murde