Federal Rule Of Evidence 403

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

• State v. Gerry
  855 So. 2d 157· Fla. 5th DCA· 2003-08-22 ·cited 3×
  The State of Florida sought certiorari review of a trial court order excluding the testimony of a nurse practitioner who conducted sexual abuse examinations of three child victims in a case charging Raymond Gerry with multiple sexual offenses. The Florida appellate court granted
• Cherry v. Crow
  845 F. Supp. 1520· M.D. Fla.· 1994-03-07 ·cited 3×
  The court held that the plaintiff sufficiently alleged a third-party beneficiary claim for breach of contract and stated valid claims under 42 U.S.C. § 1983, and that allegations of prior inmate deaths were relevant to establishing policy or custom and should not be stricken.
• Cantrell v. GAF Corp.
  999 F.2d 1007· 6th Cir.· 1993-07-26 ·cited 3×
  The court affirmed the judgment, despite reservations about prejudicial factors, due to defendant's failure to object.
• Malarkey v. Texaco, Inc.
  983 F.2d 1204· 2d Cir.· 1993-01-26 ·cited 3×
  The court held that the district court did not err in allowing retaliation claims related to promotion denials, but properly excluded non-promotion retaliation claims due to delay. It also affirmed evidentiary rulings and the jury's determination regarding grade 10 positions.
• United States v. Stafford
  983 F.2d 25· 5th Cir.· 1993-01-26 ·cited 3×
  The court held that while the conviction for tax evasion was affirmed, certain conditions of probation were overly broad and infringed upon the defendant's rights, requiring remand for revision.
• United States v. Sampson
  980 F.2d 883· 3d Cir.· 1992-11-27 ·cited 3×
  The court held that the district court erred by admitting prior drug convictions without a proper articulation of their relevance under Rule 404(b) and without conducting a Rule 403 balancing test.
• United States v. Sanderson
  966 F.2d 184· 6th Cir.· 1992-05-21 ·cited 3×
  The court held that a jury's acquittal on an extortion count does not render a conviction on a theft count inconsistent, and that the theft of employee time can be aggregated with the theft of materials to meet the statutory value threshold.
• United States v. Galloway
  963 F.2d 1388· 10th Cir.· 1992-05-13 ·cited 3×
  The court held that the district court's findings were insufficient to support a partial closure of the trial, as it failed to adequately inquire into the specific needs and desires of the witness.
• Evans v. Dugger
  908 F.2d 801· 11th Cir.· 1990-08-09 ·cited 3×
  The court affirmed the jury's verdict and judgment for the defendants, finding no reversible error in the jury instructions or evidentiary rulings.
• Carroll Wright v. Commercial Union Ins. Co.
  818 F.2d 832· 11th Cir.· 1987-06-09 ·cited 3×
  The court held that the jury's verdict was supported by sufficient evidence, the admission of evidence regarding the plaintiff's terminal illness was proper, the jury was properly instructed on waiver, and the denial of a new trial based on newly discovered evidence was not an ab
• Adalberto Plasencia v. State
  426 So. 2d 1051· Fla. 3d DCA· 1983-01-25 ·cited 3×
  Adalberto Plasencia was convicted of manslaughter, and the trial court admitted a certified copy of his prior conviction for escape to prove flight from custody. The appellate court reversed, holding that while evidence of flight is admissible, introducing the fact of a convictio
• Glados, Inc. v. Reliance Ins. Co.
  888 F.2d 1309· 11th Cir.· 1982-09-03 ·cited 3×
  The court held that the admission of evidence of prior fires involving a third party was not an abuse of discretion, and the exclusion of a police investigator's arson conclusion was harmless error.
• McLain v. Shulkin
  2016 WL 10647255· M.D. Fla.· 2022-03-01 ·cited 2×
  The court held that 'me too' evidence is admissible to show retaliatory motive or intent, but must be relevant and not unduly prejudicial, confusing, or cumulative.
• Safeco Ins. Co. of Ill. v. Fleurimond Barthelemy
  Fla. 4th DCA· 2021-07-14 ·cited 2×
  An insured sought declaratory relief for insurance coverage after the insurer denied a claim due to the insured's failure to comply with examination under oath (EUO) requirements. After the first trial resulted in a judgment for the insurer but was reversed on appeal due to incor
• Jones v. State
  321 So. 3d 790· Fla. 4th DCA· 2021-05-26 ·cited 2×
  Michael Jones was convicted of first-degree murder for strangling his girlfriend Diane Duve and abandoning her body in a car trunk. On appeal, Jones challenges the admissibility of evidence regarding a prior domestic violence incident occurring two months before the murder and th
• Craven v. State
  310 So. 3d 891· Fla.· 2020-10-22 ·cited 2×
  Daniel Jacob Craven Jr. was convicted of first-degree premeditated murder for stabbing his cellmate to death with a homemade knife while serving a life sentence, and the Florida Supreme Court affirmed his death sentence. The court rejected Craven's various challenges to his convi
• Lensky Jeanbart v. State
  299 So. 3d 3· Fla. 4th DCA· 2020-04-01 ·cited 2×
  The trial court erred by instructing the jury to disregard evidence that was actually admitted during trial when Defendant argued his lack of intent during closing argument, and by admitting a 9mm firearm bearing Defendant's DNA that had no sufficient nexus to the crimes charged.
• Smith v. State
  292 So. 3d 46· Fla. 5th DCA· 2020-03-05 ·cited 2×
  Jonathan Smith appeals his conviction for capital sexual battery, arguing the trial court erred in admitting portions of a police interview recording containing detectives' improper comments on the victim's credibility. The court agreed that the detectives' statements invaded the
• Razz v. State
  231 So. 3d 479· Fla. 4th DCA· 2017-11-29 ·cited 2×
  Darnell Razz was convicted of two counts of first-degree murder and robbery with a firearm in connection with a Circle K convenience store killing. On appeal, Razz challenged the trial court's admission of evidence regarding a subsequent shooting eight days later, arguing the evi
• Morlas v. State
  211 So. 3d 286· Fla. 4th DCA· 2017-02-08 ·cited 2×
  Jorge Morlas was convicted of burglary of a dwelling, resisting arrest without violence, and disturbing a school function after attempting to break into a home and subsequently fleeing from police in a high-speed car chase. On appeal, Morlas challenged whether the front porch are
• Jordan v. State
  104 So. 3d 1291· Fla. 4th DCA· 2013-01-23 ·cited 2×
  Robert Jordan appealed his convictions for cocaine possession and driving with a suspended license. The court reversed both convictions—the cocaine conviction because the trial court improperly admitted prejudicial evidence about the arrest location being a known drug area, and t
• Donnell Mickell v. State
  41 So. 3d 960· Fla. 4th DCA· 2010-07-28 ·cited 2×
  Donnell Mickell appeals his conviction for driving with a suspended license as a habitual offender. The trial court admitted evidence that Mickell gave a false name to the arresting officer during a traffic stop, which Mickell argued should have been excluded as prejudicial. The
• Wyon Dale Childers v. Floyd
  608 F.3d 776· 11th Cir.· 2010-06-08 ·cited 2×
  Wyon Dale Childers was convicted of bribery and unlawful compensation based primarily on testimony from Willie Junior, a co-conspirator who received a favorable plea agreement in exchange for cooperation. The trial court prohibited Childers from cross-examining Junior about the E
• Asuncion Mendoza Luyao v. State
  982 So. 2d 1234· Fla. 4th DCA· 2008-05-28 ·cited 2×
  Dr. Asuncion Mendoza Luyao appeals her conviction for RICO violations, drug trafficking, and manslaughter. The Fourth District Court of Appeal affirms her conviction on jury selection grounds but reverses and remands for a new trial based on the erroneous admission of evidence re
• Woodard v. State
  978 So. 2d 217· Fla. 1st DCA· 2008-03-31 ·cited 2×
  Melvin Woodard was convicted of lewd or lascivious molestation of two minor girls, but the First District reversed because the trial court improperly admitted vague evidence of a similar crime from 17 years earlier without conducting the required similarity analysis mandated by F
• Pugh v. State
  971 So. 2d 225· Fla. 4th DCA· 2008-01-02 ·cited 2×
  Otis Pugh appeals his conviction for soliciting to deliver cocaine, challenging the admissibility of an undercover officer's testimony translating the slang term "20" to mean crack cocaine. The court affirmed the conviction, holding that the officer's expert testimony on street d
• Valgean D. Britton v. State
  928 So. 2d 386· Fla. 5th DCA· 2006-04-07 ·cited 2×
  A trial court does not abuse its discretion by excluding evidence of a victim's prior acts of violence when the evidence is remote in time, lacks connection to the crime charged, and the defendant provides no evidence that she was aware of or influenced by the specific incident a
• Owens v. State
  817 So. 2d 1006· Fla. 5th DCA· 2002-05-31 ·cited 2×
  Jessie Owens appeals his conviction for possession of a firearm by a convicted felon, challenging the admissibility of prior inconsistent statements used to impeach a witness, the probative value versus prejudicial effect of evidence, and various prosecutorial statements during c
• Datron Bryant v. State
  810 So. 2d 1003· Fla. 4th DCA· 2002-02-20 ·cited 2×
  Datron Bryant appealed his armed robbery conviction on three grounds: the admissibility of a co-defendant's taped statement, his own taped statement, and the legality of dual sentencing enhancements. The appellate court affirmed the convictions but remanded for resentencing becau
• Kendrick Vasser v. State
  807 So. 2d 760· Fla. 5th DCA· 2002-02-15 ·cited 2×
• Laur v. State
  781 So. 2d 452· Fla. 4th DCA· 2001-03-07 ·cited 2×
  The trial court did not err in allowing the state to impeach its own witness with a prior inconsistent statement because the witness provided testimony that was both supportive of and affirmatively harmful to the state's case.
• Gonzalez v. City OF Tampa
  776 So. 2d 290· Fla. 2d DCA· 2000-12-06 ·cited 2×
  Dennis and Cinda Gonzalez appealed an adverse jury verdict in their false arrest claim against the City of Tampa. The court affirmed the jury's finding of probable cause for their arrest on misdemeanor child neglect charges, though it found that certain cross-examination regardin
• Dyron Tucker v. State
  706 So. 2d 93· Fla. 3d DCA· 1998-02-18 ·cited 2×
  Dyron Tucker appeals his conviction for unlawful firearm possession by a convicted felon, arguing the trial court erred in admitting evidence of his prior convictions rather than accepting his stipulation to felon status. The Florida appellate court affirms, holding that under Pa
• Washington v. Vogel
  880 F. Supp. 1534· M.D. Fla.· 1995-01-05 ·cited 2×
  The court ruled on several motions in limine, granting some in part and denying others, to determine the admissibility of various pieces of evidence at trial.
• United States v. Copelin
  996 F.2d 379· D.C. Cir.· 1993-06-25 ·cited 2×
  The court held that while admitting evidence of the defendant's positive drug tests for impeachment was proper, the failure to provide an immediate limiting instruction to the jury constituted plain error.
• Rederick E. Cummings v. Malone
  995 F.2d 817· 8th Cir.· 1993-06-09 ·cited 2×
  The court held that the jury instructions on Eighth Amendment liability were erroneous because they did not properly instruct the jury on the 'maliciously and sadistically for the very purpose of causing harm' standard, and that the district court erred in excluding certain impea
• United States v. Williams
  994 F.2d 1287· 8th Cir.· 1993-05-25 ·cited 2×
  The court held that evidence of presence at a later drug deal was admissible under Rule 404(b) to establish identity, and that the defendant's counsel was not ineffective. The court also affirmed the sentencing enhancement based on negotiated drug quantities.
• United States v. Walker
  993 F.2d 196· 9th Cir.· 1993-05-19 ·cited 2×
  The court held that the sentence enhancement for drug offenses near a protected location applies to any drug offense committed within 1,000 feet of a school, and that a notebook found with drugs and drug paraphernalia was admissible with a limiting instruction.
• United States v. Moreno
  991 F.2d 943· 1st Cir.· 1993-05-06 ·cited 2×
  The court held that the prosecutor's repeated misconduct, including improper statements and the introduction of irrelevant and prejudicial evidence, deprived the defendant of a fair trial.
• United States v. Smith
  995 F.2d 662· 7th Cir.· 1993-05-03 ·cited 2×
  The court affirmed convictions and sentences, finding sufficient evidence for a single conspiracy and no abuse of discretion in evidentiary rulings or denial of severance motions.
• United States v. Chong Won TAI
  994 F.2d 1204· 7th Cir.· 1993-04-28 ·cited 2×
  The court held that while the conviction is affirmed, the sentence must be vacated and remanded for resentencing because the district court failed to articulate the specific grounds for an offense-level increase and justify the extent of an upward departure.
• Johnson v. Ford Motor Co. & Ford Motor Co. of Canada, Ltd.
  988 F.2d 573· 5th Cir.· 1993-04-19 ·cited 2×
  The court held that the district court did not abuse its discretion in excluding evidence of other lawsuits and claims, nor in its rulings on Ford's closing argument, affirming the jury's verdict.
• Hinds v. Gen. Motors Corp.
  988 F.2d 1039· 10th Cir.· 1993-03-16 ·cited 2×
  The court held that the district court did not err in denying GM's motion for a directed verdict, refusing an enhancement jury instruction, and in its evidentiary rulings.
• Dillon v. Nissan Motor Co., Ltd.
  986 F.2d 263· 8th Cir.· 1993-02-23 ·cited 2×
  The court held that the district court did not abuse its discretion in excluding the expert witness and evidence due to spoliation, allowing comments on the destroyed evidence, and instructing the jury on adverse inference.
• United States v. Chet Searing
  984 F.2d 960· 8th Cir.· 1993-01-29 ·cited 2×
  The court held that the evidence was sufficient to convict both defendants on all charges and that the district court did not abuse its discretion in its evidentiary rulings or jury instructions.
• United States v. Cornell Foster
  982 F.2d 551· D.C. Cir.· 1993-01-08 ·cited 2×
  The court held that limiting cross-examination regarding the defendant's low cash amount upon arrest and the prosecutor's improper remarks about prior drug dealing were not harmless errors, requiring reversal.
• Bogren v. State
  611 So. 2d 547· Fla. 5th DCA· 1992-12-18 ·cited 2×
  Ronald Bogren was convicted of multiple counts of grand theft for accepting advance payments from travel agency customers who never received their travel arrangements. The appellate court vacated his convictions and remanded for a new trial, finding that the trial court erroneous
• United States v. Talamante
  981 F.2d 1153· 10th Cir.· 1992-12-16 ·cited 2×
  The court held that the exclusion of evidence of the victim's prior violent conduct was harmless error, and the trial court did not err in applying the sentencing enhancement for permanent or life-threatening injury.
• Harrison v. Sears
  981 F.2d 25· 1st Cir.· 1992-12-09 ·cited 2×
  The court held that the trial judge did not abuse his discretion in admitting an x-ray, instructing the jury on its use, excluding certain expert testimony, or excluding evidence of subsequent remedial measures.
• United States v. Hitt
  981 F.2d 422· 9th Cir.· 1992-12-02 ·cited 2×
  The admission of a photograph showing numerous weapons, which was only marginally relevant to the defendant's defense and highly prejudicial, constituted an abuse of discretion and reversible error under Federal Rule of Evidence 403.