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. Passarella
  788 F.2d 377· 6th Cir.· 1986-04-17 ·cited 16×
  The court held that law enforcement officers lawfully on premises may answer incoming telephone calls without violating the Fourth Amendment or Title III, and that evidence of prior similar acts is admissible to prove conspiracy.
• United States v. Brown
  785 F.2d 587· 7th Cir.· 1986-03-06 ·cited 16×
  The court held that the trial court did not commit reversible error by limiting the defendant's testimony, refusing a necessity defense instruction, admitting evidence of subsequent bad acts, or mishandling the presentence investigation report.
• United States v. Gillis
  773 F.2d 549· 4th Cir.· 1985-09-18 ·cited 16×
  The court held that pathological gambling, by itself, does not constitute a mental disease or defect under the ALI test for insanity, and that the trial court did not err in so instructing the jury. The court also found no abuse of discretion in admitting expert testimony regardi
• United States v. Laurence John Layton
  767 F.2d 549· 9th Cir.· 1985-07-29 ·cited 16×
  The court held that the district court did not abuse its discretion in excluding the 'Last Hour Tape' under Federal Rule of Evidence 403, as its probative value was substantially outweighed by its potential for unfair prejudice and confusion of the issues.
• Easley v. Empire Inc. & Empiregas
  757 F.2d 923· 8th Cir.· 1985-03-20 ·cited 16×
  The court affirmed the judgments, finding no merit in the appellants' arguments regarding the directed verdict on the service letter issue, the applicability of a statutory amendment to punitive damages, the sufficiency of evidence for sex discrimination, or the excessiveness of
• Linskey v. Hecker
  753 F.2d 199· 1st Cir.· 1985-01-29 ·cited 16×
  The court held that the district court did not err in admitting evidence of a witness's prior criminal convictions for impeachment purposes in a civil personal injury action.
• United States v. Multi-Management, Inc.
  743 F.2d 1359· 9th Cir.· 1984-09-28 ·cited 16×
  The court held that the evidence was sufficient to convict Monforton of conspiracy, the tardy disclosure of exculpatory material did not constitute reversible error, the denial of the motion to withdraw counsel was proper, and the admission of evidence of other transactions and t
• United States v. Bi-Co Pavers, Inc.
  741 F.2d 730· 5th Cir.· 1984-09-04 ·cited 16×
  The court held that the trial court did not err in its rulings regarding jury instructions, evidence admission, or sufficiency of evidence, and that the defendant's arguments for a new trial based on newly discovered evidence or Brady violations were without merit.
• United States v. Weisman
  736 F.2d 421· 7th Cir.· 1984-06-12 ·cited 16×
  The court held that the jury's exposure to a newspaper article and a judge's remarks from another proceeding did not create a reasonable possibility of prejudice, and thus did not warrant a mistrial or new trial.
• Weeks v. Remington Arms Co., Inc.
  733 F.2d 1485· 11th Cir.· 1984-06-07 ·cited 16×
  The court held that the strict liability claim was time-barred by Georgia's ten-year statute of repose, but the negligence claims and discovery of similar accident files should have been allowed.
• United States v. Bein
  728 F.2d 107· 2d Cir.· 1984-02-13 ·cited 16×
  The court affirmed the convictions, holding that the contracts sold were illegal commodity options and that various evidentiary and procedural rulings by the trial court were proper.
• United States v. Chaim Levy
  731 F.2d 997· 2d Cir.· 1984-01-31 ·cited 16×
  The court held that a search incident to a lawful arrest is permissible, even if the arrest warrant was not obtained despite ample opportunity. However, evidence of a prior, distinct drug transaction, even if related, must be analyzed under Federal Rules of Evidence 404(b) and 40
• United States v. Lewis
  693 F.2d 189· D.C. Cir.· 1982-11-12 ·cited 16×
  The court held that the admission of extrinsic evidence to show a plan or scheme, and the timing of the limiting instruction, did not constitute reversible error because the appellant was not substantially prejudiced.
• United States v. Hilton Robinson
  687 F.2d 359· 11th Cir.· 1982-09-30 ·cited 16×
  The court held that the evidence was sufficient to establish the statutory minimum value of the stolen goods and that the admission of evidence of other crimes and the judge's conduct did not constitute reversible error.
• United States v. Rubio-Gonzalez
  674 F.2d 1067· 5th Cir.· 1982-05-06 ·cited 16×
  The court held that the evidence was sufficient to support the conviction for willfully and knowingly shielding illegal aliens from detection, and that the admission of prior immigration records was proper to show knowledge and state of mind.
• United States v. Reed
  670 F.2d 622· 5th Cir.· 1982-03-19 ·cited 16×
  The court held that a taxpayer cannot invoke the Fifth Amendment privilege to avoid filing a tax return if the information sought would not incriminate them, and evidence of tax protestor activities is relevant to intent.
• United States v. Sayed Ali Qamar
  671 F.2d 732· 2d Cir.· 1982-02-22 ·cited 16×
  The court held that the admission of death threat testimony did not constitute an abuse of discretion under Federal Rule of Evidence 403, as its probative value in assessing witness credibility and explaining demeanor outweighed its prejudicial effect.
• United States v. Ness
  665 F.2d 248· 8th Cir.· 1981-12-08 ·cited 16×
  The court held that the trial court did not abuse its discretion in excluding testimony regarding the defendant's intent and evidence of subsequent collateralization of funds, as such evidence was irrelevant to the charge of misapplication of bank funds.
• United States v. Leyva
  659 F.2d 118· 9th Cir.· 1981-10-13 ·cited 16×
  The court held that a prior conviction for a crime involving dishonesty or false statement is always admissible for impeachment purposes under Federal Rule of Evidence 609(a)(2), and Federal Rule of Evidence 403 does not permit exclusion of such evidence.
• United States v. Hernandez
  646 F.2d 970· 5th Cir.· 1981-06-01 ·cited 16×
  The dissenting judge believes the suppressed evidence was improperly admitted because the prosecutor's cross-examination exceeded its permissible scope, forcing the defendant to testify about unrelated matters.
• United States v. Krezdorn
  639 F.2d 1327· 5th Cir.· 1981-03-19 ·cited 16×
  The admission of thirty-two additional forgeries not charged in the indictment, offered to show a plan or scheme, constituted reversible error because they did not establish a larger goal and merely demonstrated propensity, thus violating Federal Rule of Evidence 404(b).
• United States v. Reece
  614 F.2d 1259· 10th Cir.· 1980-01-18 ·cited 16×
  The court held that the defendants' scheme to defraud their employer of honest services and money through kickbacks constituted mail fraud, and that the admission of similar transaction evidence and the participation of a special assistant in grand jury proceedings were not rever
• United States v. Ives
  609 F.2d 930· 9th Cir.· 1979-11-05 ·cited 16×
  The court held that while excluding the defendant's post-1973 medical records was an error, it was not prejudicial error sufficient to warrant reversal given the overall record.
• United States v. Hooper
  596 F.2d 219· 7th Cir.· 1979-04-04 ·cited 16×
  The court held that admitting evidence of the defendant's payment to the UW-M was reversible error.
• United States v. Kirby
  587 F.2d 876· 7th Cir.· 1978-11-30 ·cited 16×
  The court held that the indictment's conspiracy count was sufficient, that the objects of the conspiracy fell within federal jurisdiction, and that the false statement counts were constitutionally applied.
• United States v. Goehring
  585 F.2d 371· 8th Cir.· 1978-10-18 ·cited 16×
  The court held that evidence of other crimes was admissible and that newly discovered evidence did not warrant a new trial.
• United States v. Leja
  568 F.2d 493· 6th Cir.· 1977-12-22 ·cited 16×
  The court held that restricting defense counsel's cross-examination of a government informant regarding the total amount of money received over a long period was prejudicial error.
• United States v. Stover
  565 F.2d 1010· 8th Cir.· 1977-11-10 ·cited 16×
  The court held that the trial court did not err in admitting fingerprint evidence obtained independently of an allegedly unlawful arrest, nor in admitting evidence of the defendant's escape, and that the jury instructions and sentence modification were proper.
• United States v. Alpern
  564 F.2d 755· 7th Cir.· 1977-10-26 ·cited 16×
  The court held that the defendants' various claims of error, including claims of improper severance denial, prosecutorial misconduct, insufficient evidence, and erroneous admission of evidence, were without merit.
• United States v. Aaron
  553 F.2d 43· 8th Cir.· 1977-04-13 ·cited 16×
  The court held that the prosecutor's use of peremptory challenges did not demonstrate systematic exclusion of black jurors, and a mistrial was not warranted for a witness's volunteered testimony of other criminal activity.
• United States v. Gornick
  448 F.2d 566· 7th Cir.· 1971-06-09 ·cited 16×
  The court held that the district court did not err in denying the defendant's pre-trial motion to suppress a twelve-year-old conviction for impeachment purposes.
• Etavius Carlyle v. State
  945 So. 2d 540· Fla. 2d DCA· 2006-11-29 ·cited 15×
  Etavius Carlyle appeals his convictions for attempted second-degree murder and four counts of sexual battery with a deadly weapon or force causing injury. The appellate court affirmed his convictions, rejecting his arguments that three sexual battery counts should have been dismi
• Fla. Power & Light Co. v. Goldberg
  856 So. 2d 1011· Fla. 3d DCA· 2002-05-22 ·cited 15×
  Florida Power & Light Company appeals a wrongful death judgment for $37.4 million awarded after its employee negligently disabled a traffic signal during emergency repairs, causing a fatal multi-vehicle collision. The appellate court affirmed liability but remitted the damages to
• United States v. Custis
  988 F.2d 1355· 4th Cir.· 1993-03-22 ·cited 15×
  The court held that newly discovered impeachment evidence, without more, does not warrant a new trial, and that challenges to the constitutional validity of prior convictions, other than Gideon violations, are generally not reviewable at a federal sentencing hearing.
• State v. Zenobia
  614 So. 2d 1139· Fla. 4th DCA· 1993-02-11 ·cited 15×
  Florida appeals a trial judge's pretrial ruling excluding other crimes evidence under Florida Statute § 90.404(1)(a). The appellate court denies the state's petition for certiorari, holding that pretrial evidentiary rulings are tentative and that courts should be reluctant to rev
• United States v. Hines
  955 F.2d 1449· 11th Cir.· 1992-03-17 ·cited 15×
  The Eleventh Circuit reversed the convictions of Luke K. Hines and Fred Crenshaw III for aggravated sexual assault and aiding and abetting. The court held that while the district court did not err in its jury instructions regarding consent or in allowing testimony about aliases,
• United States v. Holley
  942 F.2d 916· 5th Cir.· 1991-09-13 ·cited 15×
  The court held that the district court committed reversible error by failing to instruct the jury that it must unanimously agree on at least one specific false statement within each count of the indictment. The court also found the alleged false statements were material to the un
• United States v. Eufrasio
  935 F.2d 553· 3d Cir.· 1991-05-15 ·cited 15×
  The court held that the murder conspiracy predicate was properly charged against Idone as it was legally related to the gambling and extortion predicates, forming a single pattern of racketeering activity for RICO purposes. The court also affirmed the convictions of Eufrasio and
• United States v. Solis
  923 F.2d 548· 7th Cir.· 1991-01-25 ·cited 15×
  The court held that it lacked jurisdiction to review the district court's refusal to depart from the sentencing guidelines range, and affirmed the conviction in all other respects.
• Labib Ismail v. Cohen
  899 F.2d 183· 2d Cir.· 1990-03-27 ·cited 15×
  The court held that the first jury's damage award was fair and reasonable, reversing the district court's remittitur and reinstating the original verdict. It also affirmed the district court's rulings on jurisdiction and evidence.
• United States v. Mount
  896 F.2d 612· 1st Cir.· 1990-02-20 ·cited 15×
  The court held that the evidence was sufficient to sustain the conviction for transporting stolen documents, and that the denial of funds for foreign witnesses was not an abuse of discretion.
• United States v. Rondell Herbert Garrison
  849 F.2d 103· 4th Cir.· 1988-06-07 ·cited 15×
  The court held that the trial court's findings regarding race-neutral reasons for peremptory strikes were not clearly erroneous, and the ex parte review of the prosecutor's notes did not warrant reversal.
• United States v. Shriver
  842 F.2d 968· 7th Cir.· 1988-03-29 ·cited 15×
  The court held that the district court did not err in admitting testimony regarding the defendant's business dealings, that there was sufficient evidence to convict on two counts, and that the determination of materiality of false statements under 18 U.S.C. § 1014 is a question o
• United States v. Trudie P. Westmoreland
  841 F.2d 572· 5th Cir.· 1988-03-23 ·cited 15×
  The court held that 18 U.S.C. § 666 applies even if federal funds are not directly traceable to the specific transactions, and that the admission of certain prejudicial evidence and the sufficiency of evidence for extortion and mail fraud were not grounds for reversal.
• United States v. 0.161 Acres OF Land
  837 F.2d 1036· 11th Cir.· 1988-02-19 ·cited 15×
  The court held that the district court abused its discretion by excluding the testimony of an expert economist regarding property value and by excluding evidence of two nearby property sales, as these exclusions prejudiced the defendants and denied them a fair trial.
• United States v. Holt
  817 F.2d 1264· 7th Cir.· 1987-04-28 ·cited 15×
  The court held that the admission of evidence of prior misconduct was not an abuse of discretion, and that prosecutorial misconduct did not deprive the defendant of a fair trial.
• United States v. Blanton
  793 F.2d 1553· 11th Cir.· 1986-07-23 ·cited 15×
  The court held that the evidence was sufficient to sustain convictions for conspiracy to extort, extortion by threats, and solicitation, and that the trial court did not err in its jury instructions or in admitting evidence of prior criminal records.
• Murphy v. Owens-Illinois, Inc.
  779 F.2d 340· 6th Cir.· 1985-12-19 ·cited 15×
  The court affirmed the district court's judgment, holding that the trial court did not err in denying a directed verdict, excluding deposition testimony, or in its jury instructions.
• United States v. Girdner
  773 F.2d 257· 10th Cir.· 1985-09-11 ·cited 15×
  The court held that the defendant's inconsistent statements were material, the use of prior testimony did not violate his Fifth Amendment rights or 18 U.S.C. § 6002, and cross-examination regarding prior bad acts was permissible.
• United States v. Harland G. "Skip" Fitterer
  710 F.2d 1328· 8th Cir.· 1983-06-30 ·cited 15×
  The court held that the obstruction of a criminal investigation statute can be violated by procuring a third party's misrepresentation, even if the defendant did not directly make a misrepresentation. It also held that evidence of prior similar insurance fraud schemes is admissib