Federal Rule Of Evidence 403

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

• Gulf States Utils. Co. v. Ecodyne Corp.
  635 F.2d 517· 5th Cir.· 1981-01-30 ·cited 14×
  The court held that the exclusion of evidence under Federal Rule of Evidence 403 for "unfair prejudice" was improper in a bench trial, and that the contract's warranty clause did not waive the statutory warranty. The judgment was vacated and the case remanded.
• Commercial Nat'l Bank v. Raines, III
  631 F.2d 563· 8th Cir.· 1980-09-10 ·cited 14×
  The court held that the trial court did not abuse its discretion in granting a new trial and that sufficient evidence supported submitting the issues of negligent lookout and attractive nuisance to the jury.
• United States v. Love
  692 F.2d 1147· 8th Cir.· 1980-08-12 ·cited 14×
  The court held that the identification procedures were not impermissibly suggestive and that the trial court did not abuse its discretion in admitting evidence or denying severance.
• United States v. Hernandez
  588 F.2d 346· 2d Cir.· 1978-11-27 ·cited 14×
  The court held that the trial court did not err in admitting evidence of the defendant's financial difficulties, but that the special parole condition prohibiting the defendant from returning to the United States was beyond the court's authority.
• United States v. Nogueira
  585 F.2d 23· 1st Cir.· 1978-10-26 ·cited 14×
  The court held that the trial court did not abuse its discretion in limiting the scope of cross-examination regarding the witness's past conduct and alleged enmity towards a former employer.
• United States v. McCREA
  583 F.2d 1083· 9th Cir.· 1978-09-01 ·cited 14×
  The court held that the search warrant was supported by probable cause, the search was within its scope, and the defendant's statements were admissible as he was not in custody. Therefore, the conviction is affirmed.
• United States v. Frankenthal
  582 F.2d 1102· 7th Cir.· 1978-08-15 ·cited 14×
  The court held that evidence of a defense witness's ex parte meeting with the judge, which tended to show bias and interest in the litigation's outcome, was admissible for impeachment purposes, and its probative value was not unfairly outweighed by prejudice.
• United States v. Med. Therapy Scis., Inc.
  583 F.2d 36· 2d Cir.· 1978-08-02 ·cited 14×
  The court held that the trial judge did not err in admitting character evidence to support a witness's credibility after the defense's cross-examination attacked her veracity, and that the conspiracy and perjury convictions were supported by sufficient evidence.
• United States v. Curtis
  520 F.2d 1300· 1st Cir.· 1975-08-11 ·cited 14×
  The court held that commercial dynamite fashioned into a bomb with a timer and box constitutes a 'destructive device' under the National Firearms Act, but convictions for a smaller device were vacated due to insufficient evidence and excluded proof of intent.
• United States v. Arvie Ray Burch
  490 F.2d 1300· 8th Cir.· 1974-01-24 ·cited 14×
  The court held that the trial court did not err in curtailing cross-examination regarding a witness's alleged solicitation for prostitution, as the inquiry was barred by the witness's Fifth Amendment privilege against self-incrimination and risked undue prejudice.
• Kino Bartholomew v. State
  101 So. 3d 888· Fla. 4th DCA· 2012-10-31 ·cited 13×
  Kino Bartholomew appeals his convictions for first-degree murder and related offenses. The Fourth District Court of Appeal reverses because the trial court reversibly erred in admitting a repudiated taped statement of a State witness as past recollection recorded without proper f
• Ballard v. State
  66 So. 3d 912· Fla.· 2011-06-30 ·cited 13×
  Roy Phillip Ballard was convicted of first-degree murder in the disappearance of Autumn Traub, his stepdaughter, whom he allegedly killed to regain custody of her daughter Suny so he could continue a sexual relationship with her. The Florida Supreme Court affirmed the conviction
• Olsten Health Servs., Inc. v. Edmond Cody
  979 So. 2d 1221· Fla. 3d DCA· 2008-04-30 ·cited 13×
  Olsten Health Services appealed a jury verdict finding it negligent in the care of paraplegic patient Edmond Cody, who developed a severe Stage 4 pressure ulcer that required years of treatment and never fully healed. The appellate court affirmed the judgment, rejecting Gentiva's
• Usher v. State
  642 So. 2d 29· Fla. 2d DCA· 1994-08-12 ·cited 13×
  The court held that the trial court erred in admitting hearsay statements made by a third party after the appellant was no longer present and that these statements were not admissible under the coconspirator exception.
• Whalen v. Unit RIG, Inc.
  974 F.2d 1248· 10th Cir.· 1992-09-10 ·cited 13×
• In re Korean AIR Lines Disaster OF September 1
  932 F.2d 1475· D.C. Cir.· 1991-05-07 ·cited 13×
  The court held that there was sufficient evidence for a jury to find willful misconduct, but vacated the punitive damages award.
• United States v. Miller
  895 F.2d 1431· D.C. Cir.· 1990-02-06 ·cited 13×
  The court held that evidence of a defendant's prior conviction can be admissible to show a witness's state of mind (e.g., fear) and that the erroneous admission of such evidence was harmless error given the overwhelming evidence of guilt.
• United States v. Ramirez
  894 F.2d 565· 2d Cir.· 1990-01-24 ·cited 13×
  The court affirmed convictions, holding that similar act evidence was properly admitted, hearsay was correctly excluded, and the jury instruction on flight was adequate.
• United States v. Ricks
  882 F.2d 885· 4th Cir.· 1989-08-18 ·cited 13×
  The court affirmed the convictions, holding that collateral estoppel did not apply due to different sovereigns, the search warrant was valid, and evidentiary rulings and jury instructions were proper.
• United States v. John Garcia (86-6110)
  866 F.2d 147· 6th Cir.· 1989-01-10 ·cited 13×
  The court held that the search of Garcia's luggage was consensual and that the evidence was sufficient to convict Wolfe, affirming the convictions.
• Mullen v. Princess Anne Volunteer Fire Co., Inc.
  853 F.2d 1130· 4th Cir.· 1988-08-09 ·cited 13×
  The court held that while the exclusion of evidence of racial slurs was improper, it did not affect the substantial rights of the parties given the overwhelming evidence of the plaintiff's physical unsuitability for the job.
• United States v. Lebron-Gonzalez
  816 F.2d 823· 1st Cir.· 1987-04-24 ·cited 13×
  The court affirmed convictions, holding that the admission of a birth certificate was harmless error, expert testimony was permissible, and jury instructions adequately covered the relevant statutes and legal standards.
• United States v. Ike Kozminski
  821 F.2d 1186· 6th Cir.· 1987-04-16 ·cited 13×
  The court held that a defendant's intent is crucial when psychological coercion is the basis for involuntary servitude.
• United States v. Guerrero
  803 F.2d 783· 3d Cir.· 1986-10-27 ·cited 13×
  The court held that the trial court did not abuse its discretion in admitting testimony about the defendant's threats to a witness, as the evidence was not hearsay and its probative value outweighed its prejudicial effect under Rule 403.
• United States v. Dotson
  799 F.2d 189· 5th Cir.· 1986-09-09 ·cited 13×
  The court held that government agents' opinion testimony regarding a defendant's and his witnesses' truthfulness was inadmissible without an adequate factual predicate showing the opinions were rationally based on the agents' perceptions and helpful to the jury.
• United States v. Richard E. Schuster, M.D.
  777 F.2d 264· 5th Cir.· 1985-11-26 ·cited 13×
  The court held that the defendant's convictions were not subject to reversal due to various alleged errors, including Speedy Trial Act violations, evidentiary rulings, and prosecutorial misconduct.
• United States v. Atwell
  766 F.2d 416· 10th Cir.· 1985-06-24 ·cited 13×
  The court held that the trial court did not abuse its discretion in limiting cross-examination, admitting evidence of uncharged crimes, and that no Brady violation occurred as the issue was not preserved.
• United States v. Reubin W. Peaden
  727 F.2d 1493· 11th Cir.· 1984-03-26 ·cited 13×
  The court held that the admission of hearsay statements for a non-hearsay purpose (to show why a witness remembered a conversation) was not an abuse of discretion, even without a limiting instruction, as it did not constitute plain error.
• Stich v. United States
  730 F.2d 115· 3d Cir.· 1984-03-19 ·cited 13×
  The court held that the trial court did not abuse its discretion in admitting an expert's article and testimony despite the plaintiffs' claim of surprise, nor did it err in denying discovery of the underlying data.
• Waltzer v. Transidyne Gen. Corp.
  697 F.2d 130· 6th Cir.· 1983-01-03 ·cited 13×
  The court held that the trial court erred by prohibiting an attorney of record from testifying and by ruling that the defendant admitted the accuracy of stock summaries under Rule 36. The case is remanded for a new trial.
• Tire Sales Corp. v. Cities Serv. OIL Co.
  637 F.2d 467· 7th Cir.· 1980-10-07 ·cited 13×
  The court held that the trial court erred in granting a directed verdict against the plaintiff on its antitrust claims and in granting summary judgment on the defendant's counterclaim, reversing both and remanding for trial.
• Farrell v. State
  682 So. 2d 204· Fla. 5th DCA· 1996-10-25 ·cited 12×
  The court held that the admission of testimony regarding the defendant's prior imprisonment for child molestation was unduly prejudicial and constituted reversible error.
• Richard and Anita Poliquin v. Garden WAY, Inc.
  989 F.2d 527· 1st Cir.· 1993-03-24 ·cited 12×
  The court held that materials admitted into evidence at trial are subject to a strong presumption of public access, and post-trial restrictions require compelling reasons not present here; however, discovery materials not admitted into evidence can remain protected.
• United States v. Miller
  974 F.2d 953· 8th Cir.· 1992-08-25 ·cited 12×
  The court held that the use of handcuffs during an investigative stop was reasonable, and a defendant's abandonment of a bag negated a Fourth Amendment claim. It also affirmed the denial of severance motions based on a redacted confession and the admission of prior bad acts evide
• United States v. Hughes
  970 F.2d 227· 7th Cir.· 1992-07-16 ·cited 12×
  The court affirmed the convictions and sentences, finding no reversible error in the jury selection, evidentiary rulings, or expert testimony.
• Tarek H. Elgabri, M.D. v. Mary D. Lekas, M.D.
  964 F.2d 1255· 1st Cir.· 1992-06-03 ·cited 12×
  The court held that the plaintiff waived objections to jury instructions by failing to properly preserve them under Rule 51 and that the trial court did not abuse its discretion in limiting witness examination or excluding evidence.
• Story v. State
  589 So. 2d 939· Fla. 2d DCA· 1991-10-09 ·cited 12×
  Beverly Story was convicted of RICO violations, grand theft, and maintaining false citrus records arising from her fruit company transactions. The appellate court reversed her RICO and grand theft convictions, finding the trial court erred in excluding evidence that her employees
• United States v. Payne
  944 F.2d 1458· 9th Cir.· 1991-09-06 ·cited 12×
  The court held that the failure to give a presumption of innocence instruction to the jury after it was sworn was not plain error because the purposes of the instruction were adequately served by other instructions and the jury's awareness of the presumption. The court also held
• United States v. Lynnette Harris and Leigh Ann Conley
  942 F.2d 1125· 7th Cir.· 1991-08-30 ·cited 12×
  The court held that the government failed to prove beyond a reasonable doubt that payments received by the defendant were income rather than gifts, thus reversing her conviction.
• United States v. Felix-Gutierrez
  940 F.2d 1200· 9th Cir.· 1991-07-22 ·cited 12×
  The court held that a defendant can be prosecuted in the United States for being an accessory after the fact to crimes committed abroad, provided the underlying offense is subject to extraterritorial application and the accessory's conduct has sufficient nexus to U.S. interests.
• United States v. Carland A. Bowser
  941 F.2d 1019· 10th Cir.· 1991-07-19 ·cited 12×
  A downward departure from career offender status based on age and timing of prior offenses is not justified when these factors were adequately considered by the Sentencing Commission.
• Pinkham v. Burgess
  933 F.2d 1066· 1st Cir.· 1991-05-22 ·cited 12×
  The court affirmed the jury's verdict, holding that the defendant attorney's appeal issues were not preserved and that the jury's findings on emotional distress and comparative negligence were supported by sufficient evidence.
• United States v. Fowler
  932 F.2d 306· 4th Cir.· 1991-04-29 ·cited 12×
  The court held that the conviction for conversion and unauthorized conveyance of classified documents under 18 U.S.C. § 641 was proper, as the statute applies to tangible documents, not just abstract information, and that various evidentiary rulings and discovery denials did not
• United States v. Allen
  930 F.2d 1270· 7th Cir.· 1991-04-26 ·cited 12×
  The court held that the district court did not err in allowing a witness to correct her misidentification of a defendant, and that the federal government is not bound by state plea agreements. The evidence was also sufficient to support the convictions.
• United States v. Castillo
  924 F.2d 1227· 2d Cir.· 1991-02-04 ·cited 12×
  The court held that the expert testimony was improperly admitted and its misuse in summation prejudiced the jury, requiring reversal of the firearm conviction. The court also held that the sentencing enhancement for an 'official victim' was based on an inadequate factual finding.
• United States v. Pulley
  922 F.2d 1283· 6th Cir.· 1991-01-10 ·cited 12×
  The court held that allowing two government agents to remain in the courtroom as witnesses violated Rule 615, but the error was harmless. The court also affirmed the conviction and sentence, finding no reversible error in the hearsay or sentencing departure issues.
• United States v. Rogers
  918 F.2d 207· D.C. Cir.· 1990-11-09 ·cited 12×
  The court held that evidence of prior drug distribution and beeper possession was admissible under Federal Rules of Evidence 404(b) and 403, and that sufficient evidence supported the jury's verdict for drug distribution within a school zone.
• Wilson v. Bicycle S., Inc.
  915 F.2d 1503· 11th Cir.· 1990-10-30 ·cited 12×
  The court held that the trial court did not err in granting a judgment notwithstanding the verdict for the helmet manufacturer because the helmet's limited coverage was an obvious characteristic, and the plaintiff assumed the risk. The court also found no reversible error in the
• United States v. Cruz
  910 F.2d 1072· 3d Cir.· 1990-07-31 ·cited 12×
  The court held that the district court did not err in denying the motion to suppress statements made after arrest, finding probable cause for the arrest and adequate Miranda warnings. The court also affirmed the admissibility of the unidentified woman's statement as a co-conspira
• LOS Angeles Police Protective League v. Gates
  907 F.2d 879· 9th Cir.· 1990-07-03 ·cited 12×
  The court held that the individual LAPD employees were entitled to qualified immunity because the law regarding administrative searches of a police officer's home was not clearly established in 1982, and they relied on legal advice. The court also held that the City was not liabl