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. Solomon Bitton Simtob
  901 F.2d 799· 9th Cir.· 1990-04-26 ·cited 12×
  The court held that the trial court abused its discretion by refusing to admit a tape recording potentially showing witness perjury and that the prosecutor improperly vouched for a witness's credibility, requiring reversal.
• United States v. Weddell
  890 F.2d 106· 8th Cir.· 1989-11-28 ·cited 12×
  The court held that the district court did not abuse its discretion in admitting testimony of prior bad acts, as it was relevant to intent and self-defense and its probative value outweighed its prejudicial effect.
• Miller v. Town OF Hull
  878 F.2d 523· 1st Cir.· 1989-06-21 ·cited 12×
  The court affirmed the jury's finding of liability and award of damages, holding that the defendants violated the plaintiffs' First Amendment rights by suspending them from their public office due to their voting positions on a controversial project.
• United States v. Dotson
  871 F.2d 1318· 6th Cir.· 1989-04-12 ·cited 12×
  The court affirmed the defendant's convictions, finding that the jury instructions given were adequate and that the evidence supported the jury's findings.
• Williams v. Cerberonics
  871 F.2d 452· 4th Cir.· 1989-03-21 ·cited 12×
  The dissenting judge would reverse the grant of judgment notwithstanding the verdict on the plaintiff's § 1981 claims for disparate treatment and retaliatory discharge, finding the jury's verdict was reasonably supported by the evidence.
• United States v. Attanasio
  870 F.2d 809· 2d Cir.· 1989-03-15 ·cited 12×
  The court held that the joinder of defendants and offenses was proper under Rule 8(b) and that the district court did not err in denying severance motions. The court also found no constructive amendment of the indictment and that the "two-inference" jury charge, while improper, w
• United States v. Salamone
  869 F.2d 221· 3d Cir.· 1989-03-06 ·cited 12×
  The court held that Salamone's prosecution for firearms offenses was not barred by double jeopardy or collateral estoppel principles, and that the admission of certain evidence was permissible.
• Kutner Buick, Inc. v. Am. Motors Corp. & Am. Motor Sales Corp.
  868 F.2d 614· 3d Cir.· 1989-02-24 ·cited 12×
  The court held that the trial court erred in dismissing the breach of contract claim based on grounds not raised in the directed verdict motion, and that the exclusion of expert testimony on damages was based on an incorrect understanding of fixed versus variable costs. The fraud
• United States v. Colombo
  869 F.2d 149· 2d Cir.· 1989-02-23 ·cited 12×
  The court held that if a juror deliberately failed to disclose that her brother-in-law was a government attorney, this constitutes misconduct sufficient to vacate the conviction.
• Agristor Leasing v. Meuli
  865 F.2d 1150· 10th Cir.· 1988-12-07 ·cited 12×
  The court held that the trial court did not abuse its discretion in excluding evidence of prior silo issues in California, nor did it err in dismissing a defendant when the plaintiff failed to properly object.
• United States v. Gambize Schardar
  850 F.2d 1457· 11th Cir.· 1988-08-01 ·cited 12×
  The court held that the defendant's convictions for wire fraud, making and uttering false bills of lading, and interstate transportation of property taken by fraud were supported by sufficient evidence and that the trial court did not err in its evidentiary rulings or in denying
• United States v. Turoff
  853 F.2d 1037· 2d Cir.· 1988-07-14 ·cited 12×
  The court held that mail fraud and tax fraud charges could be properly joined in a single indictment against multiple defendants under Fed.R.Crim.P. 8(b) because the schemes were part of a series of interconnected transactions and the proof of one was indispensable to understandi
• United States v. Glover
  846 F.2d 339· 6th Cir.· 1988-05-06 ·cited 12×
  The court held that the district court did not abuse its discretion in denying the appellant's motion to exclude expert testimony despite a discovery violation, nor did it err in denying a directed verdict or commit plain error in jury instructions.
• United States v. Pelletier
  845 F.2d 1126· 1st Cir.· 1988-05-05 ·cited 12×
  The court held that coconspirator statements were properly admitted as hearsay exceptions and that the appellant's statements were admissible. The evidence was sufficient to support the conviction.
• In re the Matter of THE NEW York Times Co. v. Biaggi
  834 F.2d 1152· 2d Cir.· 1987-12-10 ·cited 12×
  The court held that the district court misinterpreted the prior mandate regarding redaction of sealed documents and must re-evaluate the balancing of privacy interests against public access.
• Cauchon v. United States
  824 F.2d 908· 11th Cir.· 1987-08-14 ·cited 12×
  The court held that the district court did not err in denying the motion to suppress, admitting the High Times magazine, or in finding sufficient evidence to convict the appellant of manufacturing a controlled substance.
• United States v. Driggs
  823 F.2d 52· 3d Cir.· 1987-07-16 ·cited 12×
  The court held that excluding evidence of a comprehensive scheme under Federal Rule of Evidence 403 was an abuse of discretion when it was relevant to proving essential elements of a Hobbs Act violation.
• United States v. Tate
  821 F.2d 1328· 8th Cir.· 1987-07-02 ·cited 12×
  The court held that a warrantless search of a vehicle abandoned on a public highway after a violent encounter is permissible under the Fourth Amendment, and evidence of related violent acts is admissible if it explains the circumstances or proves an element of the charged offense
• Kladis v. Brezek
  823 F.2d 1014· 7th Cir.· 1987-06-10 ·cited 12×
  The court held that the district court did not err in altering the judgment to enter judgment for the defendants on the claim that the plaintiff was not informed of the reasons for his arrest, as no constitutional right requires such notification.
• Finch v. Monumental Life Ins. Co.
  820 F.2d 1426· 6th Cir.· 1987-06-04 ·cited 12×
  The court held that the plaintiffs failed to present sufficient evidence to support the inference that the insured failed to pay premiums due to non-receipt of notices.
• Young v. Rabideau
  821 F.2d 373· 7th Cir.· 1987-06-01 ·cited 12×
  The court held that the trial court did not err in excluding testimony about prison rules and in admitting limited cross-examination regarding the plaintiff's prior disciplinary record.
• Coast-To-Coast Stores, Inc. v. Womack-Bowers, Inc.
  818 F.2d 1398· 8th Cir.· 1987-05-20 ·cited 12×
  The court affirmed the district court's judgment, holding that the district court did not err in its rulings regarding prejudicial statements, evidence exclusion, denial of a new trial, or dismissal of the common law fraud claim.
• United States v. Reno Soundingsides
  820 F.2d 1232· 10th Cir.· 1987-05-15 ·cited 12×
  The court held that the admission of prior bad acts testimony and the handling of lost exculpatory evidence constituted reversible error.
• United States v. Lueben
  812 F.2d 179· 5th Cir.· 1987-02-25 ·cited 12×
  The court held that excluding expert testimony on the materiality of false statements was an error that required reversal of convictions for making false statements, aiding and abetting, and conspiracy.
• Barnier v. Szentmiklosi
  810 F.2d 594· 6th Cir.· 1987-02-10 ·cited 12×
  The court held that while the adequacy of state remedies can limit § 1983 claims, liberty and property interests should not be removed from § 1983's protection at the outset of analysis.
• United States v. Whiteside
  810 F.2d 1306· 5th Cir.· 1987-01-21 ·cited 12×
  The court held that the admission of government exhibits and the denial of a continuance were not erroneous, and the jury instructions on willfulness were proper.
• United States v. Leisure
  807 F.2d 143· 8th Cir.· 1986-12-17 ·cited 12×
  The court held that the district court did not err in admitting evidence of prior marijuana transactions and in denying the motion for judgment of acquittal or new trial, and that the sentence imposed was not excessive.
• Rocky Mountain Helicopters, Inc. v. Bell Helicopters Textron
  805 F.2d 907· 10th Cir.· 1986-11-19 ·cited 12×
  A lienholder named in a breach of warranty endorsement is not automatically an "insured party" immune from subrogation claims under Texas law, especially when not listed as an insured, not paying premiums, and the policy's intent was not to cover the lienholder's negligence.
• United States v. Garot
  801 F.2d 1241· 10th Cir.· 1986-09-29 ·cited 12×
  The court held that the district court did not err in admitting the defendant's statements, admitting the government's exhibits, or in its cautionary instructions, and that the severance issue was not properly before the court.
• United States v. Carter
  801 F.2d 78· 2d Cir.· 1986-09-11 ·cited 12×
  The court held that the evidence was sufficient to convict the defendants of dealing in firearms without a license and affirmed the judgments of conviction.
• Thronson v. Meisels
  800 F.2d 136· 7th Cir.· 1986-08-28 ·cited 12×
  The court held that the defendants' procedural failures precluded a sufficiency of the evidence challenge on appeal, and that the trial court did not abuse its discretion in admitting evidence related to the plaintiffs' financial status and statements made by Mrs. Meisels.
• United States v. Haywood Wright, Jr.
  799 F.2d 423· 8th Cir.· 1986-08-25 ·cited 12×
  The court held that the district court did not abuse its discretion in excluding an out-of-court statement under Fed.R.Evid. 403 and that the sentence imposed was within the court's discretion.
• Wierstak v. Heffernan
  789 F.2d 968· 1st Cir.· 1986-05-02 ·cited 12×
  The court affirmed the judgment, holding that the district court did not err in excluding prior convictions, admitting expert testimony, denying motions for directed verdict or judgment notwithstanding the verdict, or in its findings on municipal liability.
• Brooks v. Chrysler Corp.
  786 F.2d 1191· D.C. Cir.· 1986-03-28 ·cited 12×
  The court held that the district court did not abuse its discretion in excluding evidence of prior occurrences under Federal Rule of Evidence 403 because its probative value was substantially outweighed by the risk of unfair prejudice, trial delay, and jury confusion.
• United States v. Tomasian
  784 F.2d 782· 7th Cir.· 1986-02-25 ·cited 12×
  The court held that evidence of prior crimes was admissible and the exclusion of a proffered expert witness was not an abuse of discretion. The court also found sufficient evidence to support the convictions.
• United States v. Grandison
  780 F.2d 425· 4th Cir.· 1985-12-23 ·cited 12×
  The court affirmed the convictions, holding that the admission of photographs, restrictions on a self-represented defendant's movements, the government's use of peremptory challenges, the admission of grand jury testimony, the admissibility of co-conspirator statements, and the e
• United States v. Bolt
  776 F.2d 1463· 10th Cir.· 1985-11-14 ·cited 12×
  The court affirmed the convictions, holding that the trial court did not err in its rulings on multiplicity, discovery, evidence admission, or reopening the case, and that the mail fraud statute did not require proof of counterfeit foreign bank notes.
• United States v. Glasser
  773 F.2d 1553· 11th Cir.· 1985-10-18 ·cited 12×
  The court held that delays from intra-district case transfers are excludable under the Speedy Trial Act, and that evidentiary errors were harmless.
• United States v. Allen C. Lawson (84-3798)
  780 F.2d 535· 6th Cir.· 1985-10-16 ·cited 12×
  The court affirmed the jury convictions, holding that the electronic surveillance was lawfully authorized and properly minimized, cross-examination was not improperly limited, telephone records were admissible, the evidence was sufficient for conviction, preindictment delay did n
• United States v. Arnold
  773 F.2d 823· 7th Cir.· 1985-09-18 ·cited 12×
  The court held that the delay in seeking authorization for testimonial use of intercepted communications did not violate 18 U.S.C. § 2517(5) and that the pre-1982 version of 18 U.S.C. § 1503's Omnibus Clause applied to witnesses.
• R.W. Murray v. Shatterproof Glass Corp.
  758 F.2d 266· 8th Cir.· 1985-03-22 ·cited 12×
  The court held that a jury verdict for breach of express warranty was supported by substantial evidence, and that consequential damages were recoverable when the seller's limited remedy failed of its essential purpose.
• United States v. Olgin
  745 F.2d 263· 3d Cir.· 1984-10-02 ·cited 12×
  The court held that the trial judge's use of the word 'spurious' to describe the defendant's sole defense, while ill-advised, did not constitute reversible error, especially when considered in light of the entire jury charge and the defendant's failure to adequately preserve the
• Wilson v. Beebe
  743 F.2d 342· 6th Cir.· 1984-08-29 ·cited 12×
  The court held that a negligent deprivation of a liberty interest may form the basis for a claim under 42 U.S.C. § 1983, but disagreed with the majority's finding of negligence liability based on a pendent state claim not properly pleaded.
• Lakin v. Daniel Marr & SON Co.
  732 F.2d 233· 1st Cir.· 1984-04-12 ·cited 12×
  The court held that the jury's damage awards were not excessive and that the admission of the economic expert's report and medical bills was proper, but erred in allowing the expert's calculation of interest on lost wages.
• United States v. Madrid
  673 F.2d 1114· 10th Cir.· 1982-03-15 ·cited 12×
  The court held that statements made during a competency examination are admissible on the issue of sanity when the defendant raises an insanity defense and consents to a subsequent examination on sanity by the same psychiatrist. The court also held that evidence of past crimes is
• United States v. Harris
  661 F.2d 138· 10th Cir.· 1981-09-28 ·cited 12×
  The court held that the admission of evidence of prior injuries was proper to show intent and absence of mistake or accident, and that sufficient evidence supported the conviction for fracturing the child's leg.
• Weir v. Fletcher
  658 F.2d 1126· 6th Cir.· 1981-09-09 ·cited 12×
  The court held that the majority's interpretation of due process protection for post-arrest silence, absent Miranda warnings, is contrary to Supreme Court precedent.
• Cohn v. Papke
  655 F.2d 191· 9th Cir.· 1981-08-31 ·cited 12×
  The court held that the admission of evidence regarding the plaintiff's prior sexual experiences and preferences was reversible error because it was irrelevant, impermissible character evidence, and unduly prejudicial.
• United States v. Eckmann
  656 F.2d 308· 8th Cir.· 1981-08-10 ·cited 12×
  The court held that the trial court erred by refusing to give a requested limiting instruction under Federal Rule of Evidence 105 when admitting evidence of third-party transactions that was not relevant to the defendant.
• United States v. Nunnally D. Brunson, Jr.
  657 F.2d 110· 7th Cir.· 1981-08-06 ·cited 12×
  The court held that uncut sheets of counterfeit currency can be considered counterfeit if they bear sufficient likeness to genuine currency and cutting them is an inconsequential matter. The court also held that an aider and abettor can be convicted even if the principal is not c