Federal Rule Of Evidence 404(B)

1,318 Florida cases classified under this topic, plus 7 listed through its narrower topics · sorted by citation count · browse and sort

• Orris Poling and Ruth Poling v. Morgan
  829 F.2d 882· 9th Cir.· 1987-10-07 ·cited 7×
  The court held that a guarantor is not a secured party with rights to repossess collateral before paying the full debt, and that denying leave to amend a complaint for conversion was an abuse of discretion.
• United States v. Tidell Lewis
  701 F.2d 972· D.C. Cir.· 1983-03-04 ·cited 7×
  The court held that the government presented sufficient evidence for a reasonable jury to find guilt beyond a reasonable doubt, and the admission of evidence regarding an arrest warrant was proper under the circumstances.
• United States v. Dixon
  698 F.2d 445· 11th Cir.· 1983-02-18 ·cited 7×
  The court held that the defendant's conviction for tax evasion was supported by sufficient evidence that he received funds in the tax year in question, and that the admission of certain prejudicial evidence was not an abuse of discretion.
• Hollenback v. United States
  987 F.2d 1272· 7th Cir.· 1993-03-08 ·cited 6×
  The court held that the defendant's appellate counsel's error in citing the wrong statutory subsection did not constitute a constructive denial of counsel and was not prejudicial under Strickland, as the core sufficiency of the evidence argument remained valid and other potential
• United States v. Mills
  987 F.2d 1311· 8th Cir.· 1993-03-08 ·cited 6×
  The court affirmed the conviction and sentence, holding that the district court did not err in striking jurors for cause, admitting evidence, calculating the loss amount under the sentencing guidelines, or applying enhancements for role in the offense and obstruction of justice.
• United States v. Badger
  983 F.2d 1443· 7th Cir.· 1993-01-21 ·cited 6×
  The court affirmed the convictions and sentences, finding sufficient evidence for conspiracy and telephone facilitation, and that prosecutorial misconduct did not deny a fair trial.
• Johnson v. Hugo's Skateway
  974 F.2d 1408· 4th Cir.· 1992-09-08 ·cited 6×
  The dissenting judge would affirm the $175,000 punitive damages award, finding that the jury instructions and evidence presented sufficiently constrained the jury's discretion to comport with due process.
• United States v. Noland
  960 F.2d 1384· 8th Cir.· 1992-04-06 ·cited 6×
  The court held that the trial court did not err in admitting evidence of prior insurance claims to show motive and intent, nor in applying a sentencing enhancement for obstruction of justice based on the defendant's solicitation of false testimony from her children.
• United States v. Huff
  959 F.2d 731· 8th Cir.· 1992-03-24 ·cited 6×
  The court affirmed the convictions, finding no due process violation from the reverse sting, no error in evidentiary rulings, and sufficient evidence to support the jury's verdict.
• United States v. Moye
  951 F.2d 59· 5th Cir.· 1992-01-07 ·cited 6×
  The court held that the district court did not abuse its discretion in admitting evidence of a prior drug offense, in its jury instructions regarding intent, or in limiting closing argument time.
• United States v. Parziale
  947 F.2d 123· 5th Cir.· 1991-10-31 ·cited 6×
  The court held that charging a defendant under a general statute (18 U.S.C. § 2314) is permissible even when a more specific statute (18 U.S.C. § 2312) also applies, and that the admission of prior bad acts evidence under F.R.E. 404(b) was proper.
• United States v. MacEo
  947 F.2d 1191· 5th Cir.· 1991-10-16 ·cited 6×
  The court held that there was sufficient evidence to support the jury's finding of a single conspiracy and the individual convictions of the appellants, and that the trial court did not err in its evidentiary rulings or jury instructions.
• United States v. Serena Denise Nunn
  940 F.2d 1128· 8th Cir.· 1991-07-23 ·cited 6×
  The court held that a taped conversation containing an implicit threat to an informant was admissible as relevant evidence of conspiracy participation and not inadmissible 'other crimes' evidence, and that sufficient evidence supported the convictions.
• United States v. Galloway
  937 F.2d 542· 10th Cir.· 1991-06-28 ·cited 6×
  The court held that the district court properly excluded evidence of the victim's past sexual behavior under Rule 412, and a remand for Rule 403 balancing was unnecessary.
• United States v. Crump
  934 F.2d 947· 8th Cir.· 1991-05-30 ·cited 6×
  The court held that the district court did not err in limiting cross-examination or admitting prior bad acts testimony, and that the evidence did not establish entrapment as a matter of law.
• United States v. IVY
  929 F.2d 147· 5th Cir.· 1991-03-21 ·cited 6×
  The court held that the evidence was sufficient to support the convictions, the district court did not err in denying the motion to suppress statements, and the admission of evidence regarding the shooting of Alvin King was proper.
• Donald v. Balfour J. Rast
  927 F.2d 379· 8th Cir.· 1991-03-01 ·cited 6×
  The dissenting judge believes the trial court erred in excluding evidence, thus denying the appellant a fair trial.
• United States v. Loera
  923 F.2d 725· 9th Cir.· 1991-01-16 ·cited 6×
  The court held that there was sufficient evidence to convict the defendant of assault resulting in serious bodily injury, and that evidence of his prior convictions was properly admitted.
• United States v. Josef John Casal
  915 F.2d 1225· 8th Cir.· 1990-10-08 ·cited 6×
  The court held that the defendant's confession was voluntary and admissible, and that the district court did not abuse its discretion in denying a mistrial, expert witness appointment, or a Sentencing Guidelines reduction.
• United States v. Maravilla
  907 F.2d 216· 1st Cir.· 1990-06-28 ·cited 6×
• United States v. Martinez
  894 F.2d 1445· 5th Cir.· 1990-02-14 ·cited 6×
  The court held that the indictment was sufficient, tape recordings were admissible, entrapment was a jury question, and prosecutorial misconduct did not prejudice the defendants' substantive rights.
• United States v. Watson
  894 F.2d 1345· D.C. Cir.· 1990-01-19 ·cited 6×
  The dissenting judge would hold that the use of evidence obtained by a government agent after charges attached violated the defendant's Sixth Amendment right to counsel, requiring exclusion and a new trial.
• Underwood v. Colonial Penn INS. Co.
  888 F.2d 588· 8th Cir.· 1989-11-06 ·cited 6×
  The court held that the district court did not abuse its discretion in admitting evidence of the insured's refusal to take a polygraph test, as it was admissible for impeachment and to show motive, and in denying a mistrial or new trial.
• United States v. Garcia
  880 F.2d 1277· 11th Cir.· 1989-08-21 ·cited 6×
  The court held that testimony about a prior incident where the appellant signed another person's name as a joke was admissible evidence.
• Weil v. Seltzer
  873 F.2d 1453· D.C. Cir.· 1989-04-28 ·cited 6×
  The court held that the district court erred in admitting testimony of former patients as habit evidence under Federal Rule of Evidence 406, and that there was insufficient evidence to support a contributory negligence instruction.
• United States v. Bruno
  873 F.2d 555· 2d Cir.· 1989-04-17 ·cited 6×
  The court held that the trial court's errors in granting the government an additional peremptory challenge and delaying a ruling on a motion for acquittal were harmless, and that the jury instructions on conspirator liability were proper.
• United States v. Alamo
  872 F.2d 202· 7th Cir.· 1989-04-13 ·cited 6×
  The court held that the defendants' knowing and voluntary waiver of their right to separate counsel, despite the trial court's expressed reservations, was effective, and joint representation did not constitute ineffective assistance of counsel.
• United States v. Shapiro
  879 F.2d 468· 9th Cir.· 1989-03-03 ·cited 6×
  The court held that the government breached its pretrial agreement not to use the defendant's prior conviction for impeachment, and this breach was not harmless error, requiring reversal of the conviction.
• United States v. Manso-Portes
  867 F.2d 422· 7th Cir.· 1989-02-06 ·cited 6×
  The court held that the admission of "other acts" evidence under Fed.R.Evid. 404(b) was proper, and the district court did not err in its sentencing or evidentiary rulings.
• United States v. Pilarinos
  864 F.2d 253· 2d Cir.· 1988-12-21 ·cited 6×
  The court held that the defendant was not entitled to a derivative entrapment defense because the middlemen were not government agents and there was no evidence of government inducement, and that a statement made by the defendant's agent was admissible.
• Hernandez v. Cepeda
  860 F.2d 260· 7th Cir.· 1988-10-14 ·cited 6×
  The court affirmed the trial court's decision because, despite egregious "harping" by defense counsel, the trial attorney failed to raise a specific objection on that issue, thus waiving it for appeal.
• United States v. Howard
  855 F.2d 832· 11th Cir.· 1988-09-22 ·cited 6×
  The dissenting judge argues the trial court erred by instructing the jury that certain income should have been reported, thereby removing the factual issue of falsity from the jury's determination.
• United States v. McNATT
  842 F.2d 564· 1st Cir.· 1988-03-29 ·cited 6×
  The court held that the trial court did not commit plain error by failing to order a mistrial sua sponte and that the denial of severance was proper due to lack of substantiation.
• United States v. Miranda-Enriquez
  842 F.2d 1211· 10th Cir.· 1988-03-28 ·cited 6×
  The court held that conviction under 8 U.S.C. § 1326 does not require proof of specific or general criminal intent to violate the law, only that the defendant willfully and knowingly reentered the United States without permission.
• United States v. Popow
  821 F.2d 483· 8th Cir.· 1987-06-16 ·cited 6×
  Presenting a false identity to enter the United States is punishable under 18 U.S.C. § 1001, and prior convictions for similar offenses are admissible under Fed.R.Evid. 404(b) to prove intent and knowledge.
• Lewis v. Sheriffs Dept. FOR the City OF ST. Louis
  817 F.2d 465· 8th Cir.· 1987-05-01 ·cited 6×
  The court held that the trial court did not abuse its discretion in denying a new trial, as the verdict was not against the manifest weight of the evidence and any error in admitting evidence of a prior fight was harmless.
• United States v. Bergman
  813 F.2d 1027· 9th Cir.· 1987-03-31 ·cited 6×
  The court held that the district court did not err in its rulings regarding the defendant's conviction for willful failure to file federal income tax returns.
• United States v. Thompson
  807 F.2d 585· 7th Cir.· 1986-12-03 ·cited 6×
  The court held that the government presented sufficient evidence to convict the defendant, the admission of a homemade knife was proper, the restriction of cross-examination was justified, and the voir dire was adequate.
• United States v. Anderson J. Coleman
  805 F.2d 474· 3d Cir.· 1986-11-17 ·cited 6×
  The court held that the district court did not err in its jury instructions regarding the Ethics in Government Act, nor did it abuse its discretion in handling juror prejudice or admitting evidence.
• United States v. Huddleston
  802 F.2d 874· 6th Cir.· 1986-10-08 ·cited 6×
  The court held that the trial court abused its discretion by admitting evidence of prior misconduct (sale of televisions) without clear and convincing proof that the televisions were stolen, as its prejudicial value outweighed its probative value.
• United States v. Ward
  793 F.2d 551· 3d Cir.· 1986-06-20 ·cited 6×
  The court held that the government's conduct in orchestrating a drug smuggling operation did not rise to the level of outrageousness required to violate due process, and that the admission of evidence of prior drug activity was proper.
• United States v. Tager
  788 F.2d 349· 6th Cir.· 1986-04-10 ·cited 6×
  The dissenting judge believes the evidence does not support a conviction for securities fraud, as there was no false statement of fact inducing the broker to extend credit.
• United States v. Kerr
  778 F.2d 690· 11th Cir.· 1985-12-19 ·cited 6×
  The court held that the admission of extrinsic evidence, used to show motive, was unduly prejudicial and violated the defendant Kerr's right to a fair trial, warranting a new trial for him.
• United States v. Scott
  767 F.2d 1308· 9th Cir.· 1985-08-05 ·cited 6×
  The court held that evidence of prior similar acts was admissible to prove intent and that the defendant took a substantial step toward committing the crime of attempted possession with intent to distribute.
• United States v. Bourgeois
  746 F.2d 401· 8th Cir.· 1984-10-09 ·cited 6×
  The court held that the district court did not err in denying the appellant's motions to suppress evidence, suppress an oral statement, deny individual voir dire, admit evidence of other crimes, or deny a continuance/mistrial for failure to disclose exculpatory evidence.
• United States v. Henry
  727 F.2d 1373· 5th Cir.· 1984-03-12 ·cited 6×
• United States v. Vaglica
  720 F.2d 388· 5th Cir.· 1983-11-09 ·cited 6×
  A prosecutor's argument implying the existence of evidence to refute a defendant's defense, which was supposedly barred by the rules of evidence, constitutes reversible error when it prejudices the defendant's case, especially without a curative instruction.
• United States v. Thompson
  710 F.2d 915· 2d Cir.· 1983-06-14 ·cited 6×
  The court affirmed the denial of both the motion for a new trial and the motion to supplement the record, finding the proffered evidence immaterial and inadmissible.
• United States v. Pritchett
  699 F.2d 317· 6th Cir.· 1983-02-04 ·cited 6×
  The court held that the trial judge's interjection confirming a witness's criminal history and the limitation on cross-examination regarding other drug sources constituted reversible error.
• United States v. Heater
  689 F.2d 783· 8th Cir.· 1982-10-06 ·cited 6×
  The court held that the admission of prior drug sale testimony, while potentially erroneous, was harmless given the overwhelming evidence of guilt and the jury's acquittal on the count to which it was most relevant. The court also held that statements by a coconspirator made afte