Federal Rule Of Evidence 403

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

• In re AIR Crash Disaster Near Chicago v. McDONNEL Douglas Corp.
  803 F.2d 304· 7th Cir.· 1986-10-09 ·cited 8×
  The court held that evidence of the decedent's income taxes is relevant to calculating pecuniary damages in a wrongful death action under Arizona law, and that a jury should be instructed that its award of damages for lost future wages is not subject to federal income taxation.
• The United States v. Cummings
  798 F.2d 413· 10th Cir.· 1986-08-13 ·cited 8×
  The court held that the jury instruction on property valuation was proper, the government proved sufficient value, the admission of a subsequent conviction was permissible to show knowledge, and the limiting instruction was adequate.
• Middleton v. Harris Press & Shear, Inc.
  796 F.2d 747· 5th Cir.· 1986-08-11 ·cited 8×
  The court held that jury instructions regarding assumption of risk and employer negligence were harmless errors, and the exclusion of evidence of subsequent modifications and draft safety standards was proper.
• United States v. Whaley
  786 F.2d 1229· 4th Cir.· 1986-04-03 ·cited 8×
  The court held that the materiality of false statements in a bank fraud prosecution under 18 U.S.C. § 1014 is a question of law for the court, and that evidence of subsequent fraudulent transactions is admissible under Federal Rule of Evidence 404(b) if relevant to intent, knowle
• United States v. Gallo
  782 F.2d 1191· 4th Cir.· 1986-02-06 ·cited 8×
  The court held that the district court committed reversible error by failing to adequately instruct the jury on the elements of the Travel Act, specifically the definition of 'unlawful activity' as a 'business enterprise'.
• United States v. Ausmus
  774 F.2d 722· 6th Cir.· 1985-10-16 ·cited 8×
  The court held that financial inability to pay taxes is generally not a defense to criminal liability for willfully failing to pay income taxes, and that evidence of prior and subsequent tax non-payment is admissible to show intent and absence of mistake.
• United States v. Mascio
  774 F.2d 219· 7th Cir.· 1985-10-03 ·cited 8×
  The court held that there was sufficient evidence to support the jury's verdict of mail fraud against both defendants, and that the admission of prior bad acts evidence was proper.
• Diede v. Burlington N. R.R. Co.
  772 F.2d 593· 9th Cir.· 1985-09-27 ·cited 8×
  The court held that the district court did not abuse its discretion in admitting a Boiler Safety Inspection Act regulation as evidence of negligence under FELA, nor in excluding testimony and a stipulation regarding the non-taxability of annuity payments.
• United States v. Head
  755 F.2d 1486· 11th Cir.· 1985-03-25 ·cited 8×
  The court affirmed the conviction, holding that the trial court did not err in admitting witness testimony, limiting cross-examination, admitting co-conspirator statements, or finding sufficient evidence for the convictions.
• City OF Cleveland v. The Cleveland Elec. Illuminating Co.
  734 F.2d 1157· 6th Cir.· 1984-05-24 ·cited 8×
  The court held that evidence of a party's efforts to avoid an FPC order should not be used against them in a private antitrust action.
• United States v. Gray
  730 F.2d 733· 11th Cir.· 1984-04-23 ·cited 8×
  The court held that a prosecutor's good-faith opening statement remark, even if later excluded, does not constitute reversible error if made with a reasonable belief in admissibility. It also held that limiting cross-examination on collateral matters is within the trial judge's d
• United States v. Smith
  726 F.2d 183· 5th Cir.· 1984-02-21 ·cited 8×
  The court held that the admission of extrinsic-offense evidence, prosecutorial misconduct, and the refusal of a specific jury instruction did not warrant reversal of the conviction.
• United States v. Muzychka
  725 F.2d 1061· 3d Cir.· 1984-01-23 ·cited 8×
  The court held that the Sixth Amendment right to counsel had not attached at the time of the informant's elicitation of statements, and that the partial recording of conversations did not require suppression.
• Meller v. The Heil Co.
  745 F.2d 1297· 10th Cir.· 1984-01-16 ·cited 8×
  The court held that evidence of post-manufacture design changes was admissible to show the feasibility of alternative designs under Federal Rule of Evidence 407 and that the Colorado statute did not bar its admission. The court also held that the exclusion of drug paraphernalia e
• Hugh deVRIES v. ST. Paul Fire & Marine Ins. Co.
  716 F.2d 939· 1st Cir.· 1983-09-14 ·cited 8×
  The court held that the district court's jury charge on the implied covenant of good faith and fair dealing was consistent with New Hampshire law, and that excluding evidence of the plaintiffs' refusal to take a polygraph test was within the court's discretion.
• United States v. Anderson
  716 F.2d 446· 7th Cir.· 1983-08-30 ·cited 8×
  The court held that the district court did not err in denying the defendant's motion for acquittal, refusing his jury instructions, or denying his request for hybrid representation, affirming his conviction.
• United States v. Roper
  716 F.2d 611· 4th Cir.· 1983-08-29 ·cited 8×
  The court held that the defendant's right to a speedy trial was not violated and that his sentencing was not based on materially false information.
• United States v. Marquardt
  695 F.2d 1300· 11th Cir.· 1983-01-17 ·cited 8×
  The court held that the trial court did not err in denying a continuance, admitting other crimes evidence, or refusing a pretrial hearing for coconspirator statements, and affirmed the convictions.
• United States v. Ronaldo Cedric Reed
  686 F.2d 651· 8th Cir.· 1982-08-24 ·cited 8×
  The court held that evidence of exchanging other altered bills was relevant to prove knowledge and intent, and that the supplemental jury instructions were not per se coercive.
• United States v. Stanfa
  685 F.2d 85· 3d Cir.· 1982-08-02 ·cited 8×
  The court held that two counts of making false declarations before a grand jury were not multiplicious because each false statement misled the grand jury in a materially different respect, and the prosecutor did not engage in governmental abuse.
• Garman v. Griffin
  666 F.2d 1156· 8th Cir.· 1981-12-11 ·cited 8×
  The court held that admitting a portion of the plaintiffs' amended complaint into evidence was not unfairly prejudicial and was supported by precedent.
• United States v. Longoria
  624 F.2d 66· 9th Cir.· 1980-05-05 ·cited 8×
  The court held that the district court did not err in denying the motion to suppress evidence obtained from stopping the taxicab, nor in admitting evidence of the defendant's prior conviction for transporting illegal aliens.
• Gov't OF the Virgin Islands v. Roldan
  612 F.2d 775· 3d Cir.· 1979-12-28 ·cited 8×
  The court held that the admission of the defendant's prior murder conviction to impeach a witness's testimony about the defendant's character was proper, and that there was sufficient evidence of premeditation to support a first-degree murder conviction.
• Nuno J. DoCARMO v. F.V. Pilgrim I. Corp.
  612 F.2d 11· 1st Cir.· 1979-12-28 ·cited 8×
  The court held that under the Jones Act, survivors of a seaman killed on the high seas are limited to recovering pecuniary damages, and that the jury's finding of no damages was not an abuse of discretion.
• United States v. Sciortino
  601 F.2d 680· 2d Cir.· 1979-06-29 ·cited 8×
  The court held that transporting forged endorsements on genuine securities does not violate 18 U.S.C. § 2314, but transporting stolen securities with intent to defraud does.
• United States v. Black
  595 F.2d 1116· 5th Cir.· 1979-05-25 ·cited 8×
  The court held that the trial court's failure to conduct a preliminary hearing before admitting extrinsic offense evidence was not reversible error, as the appellate court could determine admissibility.
• United States v. Lomax
  598 F.2d 582· 10th Cir.· 1979-05-14 ·cited 8×
  The court held that the interstate movement of credit card invoices after fraudulent purchases satisfies the statutory requirement of a transaction affecting interstate commerce.
• United States v. Madera
  574 F.2d 1320· 5th Cir.· 1978-06-14 ·cited 8×
  The court held that telephone directories were admissible as relevant evidence because they tended to make the nonexistence of a business more probable, thus supporting the inference that the defendant's explanation was false.
• United States v. King
  572 F.2d 1274· 8th Cir.· 1978-03-30 ·cited 8×
  The court held that evidence of prior car thefts was admissible under Federal Rule of Evidence 404(b) to prove knowledge, and its probative value was not substantially outweighed by unfair prejudice under Rule 403.
• United States v. Shields
  571 F.2d 1115· 9th Cir.· 1978-03-09 ·cited 8×
  The court held that the trial court did not err in admitting evidence of a witness's silence at an IRS conference, nor in refusing to suppress evidence due to destroyed interview notes or alleged grand jury misuse, and that the government adequately investigated the defendant's c
• United States v. Dudley
  562 F.2d 965· 5th Cir.· 1977-11-11 ·cited 8×
  The admission of a prior conviction for a similar offense was proper to prove intent, as its probative value was not substantially outweighed by prejudice.
• United States v. Green
  561 F.2d 423· 2d Cir.· 1977-08-22 ·cited 8×
  The court held that the admission of evidence, including a handgun and a holdup note, was not an abuse of discretion and that the defendant waived any claim regarding improper joinder by failing to move for severance.
• William v. Massei
  241 F.2d 895· 1st Cir.· 1957-02-27 ·cited 8×
  The court held that evidence of prior graft-taking by a police officer is admissible to prove a continuing source of unreported income, even if it suggests commission of another crime.
• United States v. Stapleton
  39 F.4th 1320· 11th Cir.· 2022-07-12 ·cited 7×
  The court affirmed the conviction, holding that the government's delay in extradition did not violate the defendant's speedy trial rights, the indictment was not multiplicitous or insufficiently specific, and the district court did not err in admitting evidence of migrant abuse o
• Stewart v. Draleaus
  226 So. 3d 990· Fla. 4th DCA· 2017-07-26 ·cited 7×
  Kevin Stewart appeals a judgment in a personal injury action arising from a motorcycle accident, arguing the trial court erred in excluding three categories of evidence: a witness's prior inconsistent statement about the accident, evidence of the plaintiffs' alcohol consumption,
• Amoundo James Terrence Mathis v. State
  135 So. 3d 484· Fla. 2d DCA· 2014-03-21 ·cited 7×
  Amoundo Mathis appeals his convictions for cocaine and drug paraphernalia possession, challenging the trial court's admission of certified copies of his prior convictions for impeachment purposes. The court held that while the defense opened the door to impeachment by eliciting e
• Gartner v. State
  118 So. 3d 273· Fla. 5th DCA· 2013-07-26 ·cited 7×
  Timothy Gartner was convicted of robbery with a deadly weapon after displaying what the victim believed to be a gun during a gas station robbery. Gartner appealed the admission of a BB gun found in his vehicle and the denial of his motion for judgment of acquittal, arguing the St
• Allen R. and Jill F. Greenwald v. Eisinger, Brown, Lewis & Frankel, P.A.
  118 So. 3d 867· Fla. 3d DCA· 2013-07-10 ·cited 7×
  Allen and Jill Greenwald appealed a jury verdict in a legal malpractice action against their former attorney Gary Brown, challenging the trial court's exclusion of evidence regarding violations of the Florida Rules of Professional Conduct. The appellate court affirmed, finding th
• Bass v. State
  35 So. 3d 43· Fla. 1st DCA· 2010-03-31 ·cited 7×
  Kevin Brian Bass appeals his conviction for sexual battery on a child under 12, challenging the trial court's decision to retain an upset juror and its admission of hearsay testimony from multiple witnesses regarding the child victim's out-of-court statements. The appellate court
• Carter v. State
  23 So. 3d 1238· Fla. 4th DCA· 2009-11-25 ·cited 7×
  Antonio Carter was convicted by jury of carjacking, armed robbery, and felony driving with a revoked license. The Fourth District Court of Appeal affirmed the carjacking and robbery convictions but reversed the felony driving conviction due to insufficient evidence of the underly
• Tobin v. Leland
  804 So. 2d 390· Fla. 4th DCA· 2001-10-03 ·cited 7×
  Patrick Tobin appealed a jury verdict finding no permanent injury from an automobile accident, challenging the trial court's refusal to permit cross-examination of the defense expert witness using statements from a 20-year-old book critical of the legal system. The Fourth Distric
• United States v. Brechtel
  997 F.2d 1108· 5th Cir.· 1993-08-02 ·cited 7×
  The court held that the evidence was insufficient to support Gattuso's convictions on counts two and four, as a rational jury could not find intent to defraud beyond a reasonable doubt based on the presented evidence.
• Cortes v. Maxus Exploration Co.
  977 F.2d 195· 5th Cir.· 1992-11-18 ·cited 7×
  The court held that the district court did not err in finding sexual harassment and constructive discharge under Title VII, nor in excluding the EEOC determination, and that the back pay award was proper.
• United States v. Seedy Fehli Analla
  975 F.2d 119· 4th Cir.· 1992-09-11 ·cited 7×
  The court held that the search of the defendant's car was consensual and lawful, his subsequent arrest was lawful, and the admission of photographs and his sentences were not erroneous.
• United States v. West
  962 F.2d 1243· 7th Cir.· 1992-04-29 ·cited 7×
  The court held that while Dr. Jeckel's opinion that West was not legally insane alone cannot be grounds to foreclose West from presenting any evidence on his insanity defense, the testimony could potentially be excluded under Rule 403.
• de Cosme v. Hosp. Pavia
  922 F.2d 926· 1st Cir.· 1991-01-11 ·cited 7×
  The court held that the district court did not commit reversible error in its rulings on the mistrial, discovery, or evidence, nor did it display bias, thus affirming the judgment.
• United States v. Delbert Bowling (89-5595)
  900 F.2d 926· 6th Cir.· 1990-04-09 ·cited 7×
  The court held that the district court erred in its reasoning for denying the motion to suppress, but affirmed the denial because probable cause for the second search likely still existed despite the prior consent search. The court also affirmed the admission of evidence and the
• Carlissa Churchill v. The F/V Fjord
  892 F.2d 763· 9th Cir.· 1989-12-18 ·cited 7×
  The court held that the F/V Fjord is not liable in rem because the operator of its skiff was not in lawful possession, and William McLinn is not liable under the Alaska Owner Responsibility Statute as his consent for his son's use of the skiff was not given. The court also affirm
• United States v. Schwab
  886 F.2d 509· 2d Cir.· 1989-09-28 ·cited 7×
  A prosecutor may not seek to impeach a defendant's credibility by asking about prior misconduct that the prosecutor knows has been the subject of a trial and an acquittal, as such cross-examination is improper and inadmissible under Rules 608(b) and 403.
• United States v. Horton
  873 F.2d 180· 8th Cir.· 1989-04-18 ·cited 7×
  The court held that the evidence was sufficient to sustain convictions for possession with intent to distribute and conspiracy, and that the admission of false identification evidence was not an abuse of discretion. The court also affirmed the district court's unconstitutionality