Federal Rule Of Evidence 403

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

• Berman Enters. Inc. v. Local 333
  644 F.2d 930· 2d Cir.· 1981-02-25 ·cited 12×
  The court affirmed the judgment, holding that the challenged contract clauses were protected by the nonstatutory labor exemption to antitrust laws and did not violate the Sherman Act under the rule of reason, and that the union's actions did not constitute an unlawful secondary b
• United States v. Elouise Colvin
  614 F.2d 44· 5th Cir.· 1980-03-17 ·cited 12×
  Evidence of prior injuries was properly admitted to prove malice aforethought for second-degree murder.
• United States v. Gibbons
  602 F.2d 1044· 2d Cir.· 1979-06-25 ·cited 12×
  The court held that the trial judge abused discretion by not inquiring into prospective jurors' specific neighborhoods of residence and that admitting evidence of subsequent cocaine possession was erroneous and harmful.
• United States ex rel. Leroy Hairston v. Warden, Ill. State Penitentiary, Stateville Corr. Ctr.
  597 F.2d 604· 7th Cir.· 1979-04-30 ·cited 12×
  The court held that the state trial court's pre-trial statement that alibi evidence would be excluded if the notice statute was not complied with, effectively denied the defendant his right to present an alibi defense, thus violating due process under Wardius v. Oregon.
• United States v. Amos Seastrunk
  580 F.2d 800· 5th Cir.· 1978-09-21 ·cited 12×
  The court held that the evidence was sufficient to prove the defendant used a dangerous weapon in committing the bank robbery, and the admission of credit card evidence was not an abuse of discretion.
• United States v. Lowe
  569 F.2d 1113· 10th Cir.· 1978-01-20 ·cited 12×
  The court held that the trial court did not err in denying motions for acquittal or mistrial, in allowing the mother to identify her child, or in refusing to allow the defendant to change counsel late in the trial.
• United States v. Gibson
  568 F.2d 111· 8th Cir.· 1978-01-05 ·cited 12×
  The court held that the notice of appeal was timely filed and that the trial court did not err in its joinder or evidentiary rulings.
• United States v. Mahlon Headid
  565 F.2d 1029· 8th Cir.· 1977-11-14 ·cited 12×
  The court held that the trial court did not abuse its discretion in limiting cross-examination of accomplices and properly handled other evidentiary matters, affirming the convictions.
• United States v. Brooks
  567 F.2d 134· D.C. Cir.· 1977-11-10 ·cited 12×
  The court affirmed convictions, holding that the trial court did not err in its voir dire, refusal of an entrapment instruction, denial of severance, or admission of a videotaped statement.
• United States v. Peden
  556 F.2d 278· 5th Cir.· 1977-07-21 ·cited 12×
  The court held that the statute prohibiting the transport of stolen credit cards was not unconstitutionally vague and that the admission of business records as evidence of fraudulent intent did not violate the defendant's Sixth Amendment confrontation rights.
• Util. Control Corp. v. Prince William Constr. Co., Inc.
  558 F.2d 716· 4th Cir.· 1977-07-08 ·cited 12×
  The court held that the district court erred in granting summary judgment mid-trial without proper notice and opportunity for the defendant to present evidence, and that evidence of a prior unrelated guarantee was improperly admitted against the co-defendant.
• Charter v. William J. Chleborad, M.D.
  551 F.2d 246· 8th Cir.· 1977-03-22 ·cited 12×
  The court held that excluding evidence of a rebuttal witness's employment by the defendant's liability insurer was reversible error because it was admissible to show witness bias.
• United States v. McINTOSH
  426 F.2d 1231· D.C. Cir.· 1970-03-11 ·cited 12×
  The court held that while the trial judge erred in allowing the prosecution to select which prior conviction to use for impeachment, this error was harmless and did not affect substantial rights. Narcotics convictions are admissible to impeach credibility.
• Galawezh Showan v. Pressdee
  922 F.3d 1211· 11th Cir.· 2019-04-29 ·cited 11×
  In this personal injury case arising from a motor vehicle accident, the Eleventh Circuit affirmed a $330,000 jury verdict for plaintiff Showan but vacated and remanded for a new trial on several grounds. The court held that while the district court properly admitted expert testim
• Jones v. Alayon
  162 So. 3d 360· Fla. 4th DCA· 2015-04-08 ·cited 11×
  In this wrongful death action, the estate of Ryland Nye challenged the trial court's evidentiary rulings and denial of a directed verdict on a seatbelt comparative negligence defense. The Fourth District Court of Appeal affirmed the judgment, holding that the trial court properly
• State v. Sandoval
  125 So. 3d 213· Fla. 4th DCA· 2013-02-06 ·cited 11×
  Florida's appellate court granted the state's petition for writ of certiorari, finding that the trial court improperly rejected the state's notice to introduce Williams rule evidence of prior child molestation incidents in two separate cases against the defendant. The court held
• Coconut Key Homeowners Ass'n v. Lexington Ins.
  649 F. Supp. 2d 1363· S.D. Fla.· 2009-08-28 ·cited 11×
  The court denied Lexington's motion for partial summary judgment, finding the inspection provision was a cooperation clause requiring substantial prejudice, which Lexington failed to demonstrate. The court also granted in part and denied in part Lexington's motion to strike Plain
• United States v. Crockett
  979 F.2d 1204· 7th Cir.· 1992-11-12 ·cited 11×
  The court affirmed the convictions, holding that the RICO conspiracy indictment was sufficiently specific, the admission of evidence regarding certain murders did not constitute a constructive amendment or violate Rule 403, and the evidence supported the extortion convictions and
• Smith v. Great Am. Rests., Inc.
  969 F.2d 430· 7th Cir.· 1992-07-24 ·cited 11×
  The court held that the jury's finding of age discrimination and willfulness was supported by sufficient evidence, but remanded for recalculation of damages and attorney's fees.
• United States v. Ojiabo Onumonu
  967 F.2d 782· 2d Cir.· 1992-06-24 ·cited 11×
  The court held that the exclusion of expert testimony regarding diamond smuggling was an abuse of discretion, requiring reversal, but the denial of the motion to suppress evidence was correct.
• United States v. Aranda
  963 F.2d 211· 8th Cir.· 1992-05-01 ·cited 11×
  Evidence of a prior drug seizure during the conspiracy period is admissible as direct evidence of the charged conspiracy, not as inadmissible 'other crimes' evidence under Rule 404(b).
• United States v. Goodapple
  958 F.2d 1402· 7th Cir.· 1992-03-16 ·cited 11×
  The court affirmed the convictions, finding no reversible error in the trial court's rulings on the admissibility of evidence, the prosecutor's remarks, or the decision to try the case in federal court.
• United States v. Isabel
  945 F.2d 1193· 1st Cir.· 1991-09-10 ·cited 11×
  The court held that the amendment of the indictment's statutory citation was not prejudicial, the admission of certain testimony was proper, the evidence was sufficient to support the convictions, and the sentencing decision was not erroneous.
• Moss v. OLE S. Real Est., Inc.
  933 F.2d 1300· 5th Cir.· 1991-06-26 ·cited 11×
  The court held that the magistrate abused his discretion in excluding the Air Force report and the testimony of investigators, as the focus should be on reliability, not credibility, and substantial rights were likely affected. However, the second HUD report was properly excluded
• Gong v. Edward Hirsch, M.D.
  913 F.2d 1269· 7th Cir.· 1990-09-24 ·cited 11×
  The court affirmed the district court's judgment, holding that the trial court did not abuse its discretion in excluding a letter under evidentiary rules and in denying a motion to bar expert testimony.
• Mills v. Beech Aircraft Corp., Inc.
  886 F.2d 758· 5th Cir.· 1989-10-26 ·cited 11×
  The court held that the district court did not abuse its discretion in denying consolidation, changing venue, or in its evidentiary rulings and comments by counsel.
• Petree v. Power
  887 F.2d 34· 3d Cir.· 1989-10-06 ·cited 11×
  The court held that the district court abused its discretion by excluding evidence of a subsequent warning decal under Federal Rule of Evidence 403, as it was admissible for impeachment purposes under Federal Rule of Evidence 407's exception.
• Herold v. Hajoca Corp.
  864 F.2d 317· 4th Cir.· 1988-12-22 ·cited 11×
  The court held that the trial court properly denied motions for summary judgment, directed verdict, and JNOV regarding compensatory damages, but correctly granted JNOV overturning the jury's award of liquidated damages.
• United States v. Lynch
  800 F.2d 765· 8th Cir.· 1986-09-10 ·cited 11×
  The court held that the district court did not err in denying severance motions, refusing a manslaughter instruction, admitting certain statements, limiting cross-examination, or in finding the evidence sufficient to support the convictions.
• United States v. Tripp
  782 F.2d 38· 6th Cir.· 1986-01-16 ·cited 11×
  The court held that evidence of other card games was admissible as part of the conspiracy, that 18 U.S.C. § 1962(d) does not require proof of overt acts, that the RICO statute is not unconstitutionally vague, and that rigged poker games constitute gambling under state law.
• Shatkin v. McDonnell Douglas Corp. & Am. Airlines, Inc.
  727 F.2d 202· 2d Cir.· 1984-01-26 ·cited 11×
  The court held that the award for pre-impact pain and suffering must be reversed due to insufficient evidence that the decedent was aware of the impending disaster, but affirmed the awards for loss of services and financial support.
• United States v. Ribs
  722 F.2d 420· 8th Cir.· 1983-12-09 ·cited 11×
  The court held that the district court did not abuse its discretion in its handling of jury testimony requests, excluding irrelevant evidence, and that the defendant waived his objection to the jury instructions, affirming the conviction.
• United States v. Walker
  710 F.2d 1062· 5th Cir.· 1983-07-15 ·cited 11×
  The court held that the admission of extrinsic acts evidence under Federal Rule of Evidence 404(b) was proper, as it was relevant to issues other than character and its probative value was not substantially outweighed by prejudice, and that other contentions raised by the defenda
• United States v. Akers
  702 F.2d 1145· D.C. Cir.· 1983-03-15 ·cited 11×
  The court held that the trial court did not abuse its discretion in excluding photographs offered by the defense because they were not relevant to the specific issues at trial or were potentially misleading.
• Johnson v. Niagara Mach. & Tool Works
  666 F.2d 1223· 8th Cir.· 1981-12-22 ·cited 11×
  The court held that the district court did not err in granting a directed verdict on the failure to warn claim and in admitting the OSHA regulation into evidence.
• Barrera v. E. I. DU Pont de Nemours & Co., Inc.
  653 F.2d 915· 5th Cir.· 1981-08-14 ·cited 11×
  The court held that the trial court did not err in refusing a jury instruction on unusual susceptibility as a standalone defense, and that while two evidentiary rulings were erroneous, they were harmless.
• United States v. Lambert
  580 F.2d 740· 5th Cir.· 1978-09-20 ·cited 11×
  The court held that the evidence was sufficient to support the jury's verdicts for Dyer Act violations and that the trial court did not err in its evidentiary rulings or procedural decisions.
• Benna v. Reeder Flying Serv., Inc.
  578 F.2d 269· 9th Cir.· 1978-07-14 ·cited 11×
  The court held that the jury's inadvertent viewing of an inadmissible NTSB accident report was harmless error because it was cumulative of other evidence and did not affect the substantial rights of the parties. Other alleged trial errors also did not warrant a new trial.
• Brown v. Royalty
  535 F.2d 1024· 8th Cir.· 1976-05-05 ·cited 11×
  The dissenting judge would affirm the district court's denial of a new trial, emphasizing deference to the trial judge's assessment of prejudice from improper testimony and conduct.
• Allen v. State
  192 So. 3d 554· Fla. 4th DCA· 2016-05-18 ·cited 10×
  Jason Allen was convicted of second-degree murder based largely on circumstantial evidence when the victim's body was never found. The Fourth District Court of Appeal reversed his conviction and ordered a new trial, holding that the trial court improperly admitted evidence of All
• Alcantar v. State
  987 So. 2d 822· Fla. 2d DCA· 2008-08-15 ·cited 10×
  Armando Alcantar appeals his trafficking in cocaine conviction and five-year sentence. The appellate court reversed and remanded for a new trial because the trial court improperly admitted hearsay and prejudicial character evidence that buttressed a weak eyewitness identification
• Marchina v. State
  702 So. 2d 1369· Fla. 1st DCA· 1997-12-30 ·cited 10×
  James Marchina was convicted of sexual battery on a young boy, but the Florida District Court of Appeal reversed because the prosecution improperly elicited testimony about other pending charges involving "little girls," which was inflammatory character evidence that violated the
• Collier v. State
  681 So. 2d 856· Fla. 5th DCA· 1996-10-18 ·cited 10×
  Leroy Collier was convicted of aggravated battery and attempted false imprisonment after stabbing his girlfriend and chasing her into a tavern. On appeal, he challenged the trial court's admission of a statement about his prior incarceration and cross-examination regarding a rece
• United States v. Tracy
  989 F.2d 1279· 1st Cir.· 1993-03-29 ·cited 10×
  The court affirmed the conviction but vacated the sentence and remanded for the district court to reconsider the obstruction of justice enhancement, as its findings on perjury were unclear.
• United States v. Garcia
  983 F.2d 1160· 1st Cir.· 1993-02-04 ·cited 10×
  The court held that the evidence was sufficient to support the convictions, the district judge did not err in vacating the magistrate's order compelling the informant's attendance, and the judge did not err in refusing to suppress evidence or statements.
• United States v. Aversa
  984 F.2d 493· 1st Cir.· 1993-01-13 ·cited 10×
  The court's announced standard for currency law violations is sufficiently close to the subjective standard in Cheek to avoid punishing those with an innocent state of mind.
• United States v. Timothy Wayne Morrow (89-5418/5708) & George Mooneyham (89-5710)
  977 F.2d 222· 6th Cir.· 1992-10-07 ·cited 10×
  The court held that the evidence was insufficient to support Morrow's conviction for aiding and abetting the carrying of a firearm during a drug trafficking offense.
• United States v. Sutton
  970 F.2d 1001· 1st Cir.· 1992-08-03 ·cited 10×
  Allowing jurors to submit written questions to witnesses, under carefully controlled conditions, is not prejudicial per se and is within the trial court's discretion. Evidence of subsequent events is relevant to prove intent at an earlier time.
• United States v. Arias-Montoya
  967 F.2d 708· 1st Cir.· 1992-06-23 ·cited 10×
  The court held that the admission of a defendant's prior drug conviction was permissible under Fed.R.Evid. 404(b) to establish knowledge, even if propensity was a factor in the inference.
• United States v. McGLORY
  968 F.2d 309· 3d Cir.· 1992-06-19 ·cited 10×
  The court affirmed the convictions and sentence, but the concurring opinion questions the sufficiency of coded conversations as evidence and analyzes the ambiguity in sentencing under 21 U.S.C. § 841(b)(1)(A).