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

• United States v. Morgan O'Brien
  618 F.2d 1234· 7th Cir.· 1980-04-08 ·cited 50×
  The court held that the admission of prior similar acts evidence, edited recorded conversations, and the prosecutor's remarks did not constitute reversible error, and affirmed the convictions.
• United States v. Price
  617 F.2d 455· 7th Cir.· 1979-10-22 ·cited 50×
  The court held that evidence of prior similar acts was admissible to prove intent and victim's state of mind, and that the denial of a jury voir dire regarding a withdrawn transcript was not reversible error.
• United States v. Mohel
  604 F.2d 748· 2d Cir.· 1979-07-31 ·cited 50×
  The court held that admitting evidence of prior similar acts to prove intent and knowledge was reversible error when the defense had unequivocally conceded those elements.
• United States v. Dolliole
  597 F.2d 102· 7th Cir.· 1979-04-20 ·cited 50×
  The court held that the admission of evidence of prior crimes was permissible under Federal Rule of Evidence 404(b) to prove intent, and that the trial court did not abuse its discretion in admitting such evidence or in limiting cross-examination.
• United States v. Weidman
  572 F.2d 1199· 7th Cir.· 1978-03-31 ·cited 50×
  The court held that the admission of prior similar acts evidence was proper to show intent, knowledge, and design, and that the prosecution's alleged failure to disclose certain information did not warrant a new trial as the evidence was either not material or not suppressed.
• United States v. Wright
  573 F.2d 681· 1st Cir.· 1978-03-28 ·cited 50×
  The court held that the admission of evidence of other crimes, tape recordings, the prosecutor's comment on the failure to call witnesses, time variance, a car rental payment slip, and the denial of an accomplice instruction were not grounds for reversible error.
• United States v. Bilzerian
  926 F.2d 1285· 2d Cir.· 1991-01-03 ·cited 49×
  The court affirmed convictions for securities law violations but dissented on a conviction under 18 U.S.C. § 1001.
• United States v. Jackson
  886 F.2d 838· 7th Cir.· 1989-09-25 ·cited 49×
  The Sixth Amendment right to counsel does not extend to a presentence interview with a probation officer, and evidence of a defendant's refusal to comply with a court order to provide handwriting exemplars is admissible under Rule 404(b) as probative of consciousness of guilt.
• United States v. Connelly
  874 F.2d 412· 7th Cir.· 1989-05-01 ·cited 49×
  The court held that the trial judge did not abuse his discretion in admitting evidence of a prior, similar crime under Federal Rule of Evidence 404(b) because the similarities were sufficiently distinctive and probative of the defendant's identity, and the probative value was not
• United States v. Normandeau
  800 F.2d 953· 9th Cir.· 1986-09-25 ·cited 49×
  The court held that knowledge of the quantity of marijuana is not an element of the offense under 21 U.S.C. § 841(a), and that a warrantless search of a vehicle is permissible if supported by probable cause.
• United States v. Miller
  688 F.2d 652· 9th Cir.· 1982-09-21 ·cited 49×
  The court held that a theft victim's search of a suspect's property, even with prior police contact and consent, was not a government search subject to Fourth Amendment requirements because the victim acted on his own initiative to recover his property and gained access via conse
• United States v. Lanier
  838 F.2d 281· 8th Cir.· 1988-02-01 ·cited 48×
  The court held that the district court did not err in refusing to exclude statements made by the appellant to a postal inspector and in denying his motion for judgment of acquittal or a new trial.
• United States v. Shepherd
  739 F.2d 510· 10th Cir.· 1984-07-18 ·cited 48×
  The court held that admitting evidence of prior uncorroborated criminal acts, solely through the testimony of an accomplice, was an abuse of discretion because its prejudicial effect outweighed its probative value. The court also found no error in admitting co-conspirator stateme
• United States v. Marshall
  683 F.2d 1212· 8th Cir.· 1982-08-04 ·cited 48×
  The court held that the admission of USDA memoranda containing unproven and prejudicial assertions of misconduct, along with the government's failure to timely disclose exculpatory evidence, tainted the defendant's conviction.
• United States v. Mitchell
  666 F.2d 1385· 11th Cir.· 1982-02-04 ·cited 48×
  The court affirmed the conviction, finding sufficient evidence for the jury's verdict and that the admission of extrinsic evidence was proper.
• United States v. Boyd
  595 F.2d 120· 3d Cir.· 1978-10-03 ·cited 48×
• Durns v. United States
  562 F.2d 542· 8th Cir.· 1977-09-14 ·cited 48×
  The court held that the circumstantial evidence was sufficient to identify the defendant as the perpetrator of the kidnapping, and that the trial court did not err in admitting the tape recording, weapons, clothing, evidence of a prior similar crime, or in refusing a lesser inclu
• United States v. Rocha
  553 F.2d 615· 9th Cir.· 1977-05-05 ·cited 48×
  The court held that evidence of a prior arrest for marijuana possession, even with an acquittal, was admissible to prove knowledge and intent in a subsequent drug possession trial.
• United States v. Zarattini
  552 F.2d 753· 7th Cir.· 1977-03-30 ·cited 48×
  The court held that the grand jury process was not abused, discovery rules were followed, evidentiary rulings were proper, and jury instructions were adequate, leading to the affirmance of the convictions.
• United States v. Coppola
  526 F.2d 764· 10th Cir.· 1975-12-08 ·cited 48×
  The court held that hearsay statements of a co-defendant, when adopted by the defendant, are admissible as party admissions, and that evidence of other crimes is admissible to prove motive.
• United States v. Merrill
  513 F.3d 1293· 11th Cir.· 2008-01-17 ·cited 47×
  The Eleventh Circuit affirmed the defendant's convictions for wire fraud, health care fraud, and illegally prescribing narcotics. The court found sufficient evidence to support the convictions, particularly regarding the deaths resulting from the defendant's prescriptions. The co
• United States v. Drew
  894 F.2d 965· 8th Cir.· 1990-01-17 ·cited 47×
  The court affirmed the convictions, holding that co-conspirator statements were admissible, the evidence was sufficient to support convictions, and the trial court did not err in admitting evidence or instructing the jury.
• Brooks v. D.R. Scheib
  813 F.2d 1191· 11th Cir.· 1987-04-06 ·cited 47×
  The court held that the plaintiff failed to establish that the City's customs or policies were the moving force behind the constitutional injury or that the officer's alleged violent propensity constituted a continuous condition for nuisance law.
• United States v. Rosa
  705 F.2d 1375· 1st Cir.· 1983-04-11 ·cited 47×
  The court held that the trial court did not err in admitting evidence of a death threat, in its jury instructions on aiding and abetting, or in refusing a special cautionary instruction for a witness with a mental condition.
• United States v. Pettit
  903 F.2d 1336· 10th Cir.· 1990-05-25 ·cited 46×
  The court affirmed the conviction but reversed the sentence, finding the upward adjustment for role in the offense was improperly applied.
• United States v. West
  898 F.2d 1493· 11th Cir.· 1990-04-25 ·cited 46×
  The court affirmed the conviction and sentence, holding that evidentiary rulings were not abuses of discretion, the jury instructions were proper, and the sentencing guidelines were valid.
• United States v. Shukitis
  877 F.2d 1322· 7th Cir.· 1989-06-13 ·cited 46×
  The court held that the district court did not abuse its discretion in admitting tape recordings and testimony of prior drug purchases, nor did it err in denying an entrapment instruction, and that the defendant waived his right to be present at in-chambers conferences.
• United States v. D'Antoni
  874 F.2d 1214· 7th Cir.· 1989-05-17 ·cited 46×
  The court noted that the five-year maximum penalty under 18 U.S.C. § 371 for conspiracy is inadequate when the underlying crime is a serious felony, suggesting Congress should revise the statute.
• United States v. Padilla
  869 F.2d 372· 8th Cir.· 1989-02-23 ·cited 46×
  The court held that the district court erred in failing to make its own findings on an issue material to sentence enhancement and that a statute authorizing supervised release had not taken effect at the time of the offense. The convictions were affirmed, but the sentences were v
• United States v. Cook
  745 F.2d 1311· 10th Cir.· 1984-10-09 ·cited 46×
  The court held that 31 U.S.C. § 5313 applies to individuals who cause financial institutions to file inaccurate Currency Transaction Reports, and that the district court did not err in amending the indictment or admitting evidence of subsequent conduct.
• United States v. Hyman
  741 F.2d 906· 7th Cir.· 1984-07-26 ·cited 46×
• United States v. Margiotta
  662 F.2d 131· 2d Cir.· 1981-10-13 ·cited 46×
  The court held that certain jury instructions and evidentiary rulings made by the district court were not appealable under the Criminal Appeals Act, while others were appealable but affirmed on the merits.
• United States v. Glennon E. Engleman
  648 F.2d 473· 8th Cir.· 1981-05-06 ·cited 46×
  The court held that evidence of prior similar crimes is admissible to prove intent, and tape recordings made with one party's consent are admissible under the Fourth Amendment. However, a co-conspirator's statement made after the conspiracy's objective was achieved is inadmissibl
• United States v. Shavers
  615 F.2d 266· 5th Cir.· 1980-04-08 ·cited 46×
  The court held that the prosecutor's impeachment of the defendant with his prior silence and the admission of prejudicial extrinsic evidence constituted reversible error.
• United States v. Lambros
  564 F.2d 26· 8th Cir.· 1977-10-27 ·cited 46×
  The court held that the evidence was sufficient to support the convictions, and that the trial court did not commit reversible error regarding evidentiary rulings or jury instructions.
• United States v. Serlin
  538 F.2d 737· 7th Cir.· 1976-07-06 ·cited 46×
  The court affirmed the convictions, holding that the evidence was sufficient to prove a single scheme to defraud under the mail fraud statute, and that various procedural and evidentiary rulings by the trial court were not erroneous.
• United States v. Anderson
  809 F.2d 1281· 7th Cir.· 1987-01-09 ·cited 45×
  The court affirmed convictions for mail fraud, Hobbs Act, RICO, and tax evasion, finding sufficient evidence and proper joinder of counts. The court also held that a prior decision regarding sentencing councils should not be applied retroactively.
• United States v. Russo
  717 F.2d 545· 11th Cir.· 1983-10-17 ·cited 45×
  The court held that the evidence was sufficient to support the conspiracy convictions and that the district court did not abuse its discretion in denying the motion for a new trial or in admitting evidence of prior similar acts.
• United States v. Aguirre
  716 F.2d 293· 5th Cir.· 1983-09-23 ·cited 45×
  The court held that the evidence was sufficient to sustain convictions for conspiracy and aiding and abetting, and that the trial court did not err in admitting prior similar acts testimony or in refusing to disclose the informant's whereabouts.
• Commodity Futures Trading Comm'n v. CO Petro Mktg. Grp., Inc.
  680 F.2d 573· 9th Cir.· 1982-06-28 ·cited 45×
  The court held that Co Petro's Agency Agreements constituted futures contracts subject to the Commodity Exchange Act, and their sale off-exchange violated the Act, justifying the injunction and ancillary relief.
• Dosier v. Miami Valley Broad. Corp.
  656 F.2d 1295· 9th Cir.· 1981-05-04 ·cited 45×
  The court held that plaintiff's retaliation claims and some § 1981 claims were not barred by a prior class action settlement and that genuine issues of material fact existed regarding post-settlement incidents. The court also affirmed the denial of attorneys' fees to the defendan
• United States v. Berkwitt
  619 F.2d 649· 7th Cir.· 1980-04-21 ·cited 45×
  The court held that the Speedy Trial Act did not provide a dismissal sanction, the warrantless search of the van was justified by exigent circumstances, prior bad acts evidence was admissible, the evidence was sufficient to meet the $5,000 minimum for interstate transportation of
• United States v. Barnes
  586 F.2d 1052· 5th Cir.· 1978-12-22 ·cited 45×
  The court held that the trial court did not commit plain error by failing to sua sponte instruct the jury on the limited use of impeachment evidence or prior offenses, and that the admission of a coconspirator's hearsay statement, though erroneous, did not substantially influence
• United States v. Radlick
  581 F.2d 225· 9th Cir.· 1978-08-31 ·cited 45×
  The court affirmed Radlick's conviction and remanded Willers' case for a hearing on whether federal officers intentionally disregarded Rule 41 in obtaining a state search warrant.
• United States v. Morgan
  936 F.2d 1561· 10th Cir.· 1991-06-28 ·cited 44×
  A warrantless search of a bag thrown by an arrestee is unconstitutional if it is not abandoned, not incident to arrest due to remoteness, and not a valid inventory search due to lack of standardized procedures and investigative motive.
• United States v. Diaz
  878 F.2d 608· 2d Cir.· 1989-06-29 ·cited 44×
  The court held that the district court did not err in admitting evidence of prior events and expert testimony, and that the evidence was sufficient to sustain the convictions.
• United States v. Fields
  871 F.2d 188· 1st Cir.· 1989-03-29 ·cited 44×
  The court held that the admission of Robert Wayne's out-of-court statements through Gail Brown was proper, and that evidence of other crimes was admissible under Federal Rules of Evidence 804(b)(3) and 404(b).
• United States v. Alister Henderson Simon
  842 F.2d 552· 1st Cir.· 1988-03-25 ·cited 44×
  The court held that the district court did not err in admitting evidence of a prior conviction to show intent, knowledge, and absence of mistake, despite its potential prejudicial effect.
• United States v. Culpepper
  834 F.2d 879· 10th Cir.· 1987-12-07 ·cited 44×
  The court held that the evidence was sufficient to prove constructive possession, the admission of testimony regarding uncharged bad acts was not plain error, and the trial court did not abuse its discretion in refusing a jury view of the field.
• United States v. Hernandez
  780 F.2d 113· D.C. Cir.· 1986-01-10 ·cited 44×
  The admission of prior bad act evidence against Lopez-Leyva, to which he was not a party, was unduly prejudicial and violated Rule 404(b) and 403, requiring a new trial for him. Hernandez's conviction is affirmed.