Opening The Door (Evidence)

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

• Rogers v. State
  511 So. 2d 526· Fla.· 1987-07-09 ·cited 404×
  Jerry Layne Rogers was convicted of first-degree murder and sentenced to death for the shooting death of David Eugene Smith during an attempted grocery store robbery in St. Augustine, Florida on January 4, 1982. The Florida Supreme Court affirmed both the conviction and death sen
• Hudson v. State
  992 So. 2d 96· Fla.· 2008-07-03 ·cited 166×
  Russell Hudson was convicted of first-degree murder of Lance Peller and armed kidnapping of Jennifer Fizzuoglio, and sentenced to death. The Florida Supreme Court affirmed the convictions and death sentence after reviewing Hudson's eleven appellate claims challenging various evid
• Bozeman v. State
  698 So. 2d 629· Fla. 4th DCA· 1997-09-03 ·cited 116×
  Chester Bozeman appealed his convictions for battery on a police officer and resisting an officer with violence. The Fourth District Court of Appeal reversed because the trial court improperly admitted evidence of Bozeman's propensity for violence through testimony about the 'spe
• Barnes v. United States
  365 F.2d 509· D.C. Cir.· 1966-05-03 ·cited 89×
  The court held that the admission of "mug shots" was not reversible error, as the defense had effectively opened the door to their introduction and their probative value outweighed any potential prejudice.
• Capehart v. State
  583 So. 2d 1009· Fla.· 1991-06-13 ·cited 74×
  Gregory Capehart was convicted of burglary and first-degree murder in the 1988 killing of Marlene Reeves in Dade City, Florida. The Florida Supreme Court affirmed his convictions and death sentence but vacated the burglary sentence for resentencing under sentencing guidelines.
• Lawrence v. State
  846 So. 2d 440· Fla.· 2003-03-20 ·cited 70×
  Jonathan Huey Lawrence was convicted of first-degree murder in the killing of Jennifer Robinson. The Florida Supreme Court affirmed his death sentence, rejecting challenges to the trial court's sentencing findings and the proportionality of the capital penalty.
• Jackson v. State
  25 So. 3d 518· Fla.· 2009-09-24 ·cited 67×
  Ray Jackson was convicted of first-degree murder and kidnapping in the death of Pallis Paulk, whom he kidnapped in retribution for stealing his drugs and money, and sentenced to death. The Florida Supreme Court affirmed the conviction and death sentence, finding sufficient eviden
• Hierro v. State
  608 So. 2d 912· Fla. 3d DCA· 1992-11-17 ·cited 55×
  Armando Hierro appealed his convictions for theft of a motor vehicle, possession of burglary tools, petit theft, and resisting an officer without violence. The Florida District Court of Appeal, Third District reversed all convictions and remanded for a new trial, finding multiple
• United States v. Beno
  324 F.2d 582· 2d Cir.· 1963-11-12 ·cited 55×
  The court held that the extensive introduction of irrelevant and prejudicial evidence concerning collateral acts of the defendant, even if invited by the defense to some extent, constituted reversible error because it denied the defendant a fair trial on the specific charges.
• Mosley v. State
  739 So. 2d 672· Fla. 4th DCA· 1999-08-25 ·cited 53×
  Mosley appeals convictions for resisting an officer without violence, possession of cocaine, and possession of drug paraphernalia. The Fourth District Court of Appeal affirms, holding that the officers developed probable cause to arrest when the defendant dropped a cocaine pipe d
• United States v. Allain
  671 F.2d 248· 7th Cir.· 1982-02-22 ·cited 38×
  The court held that the defendant waived the right to appeal the admission of evidence of other criminal acts by failing to object, and that the prosecutor's closing remarks, while improper, did not constitute reversible error given the sustained objections and jury instructions.
• United States v. Silver
  235 F.2d 375· 2d Cir.· 1956-07-25 ·cited 34×
• Siegel v. State
  68 So. 3d 281· Fla. 4th DCA· 2011-07-27 ·cited 32×
  Steven Mark Siegel appeals his conviction for attempting to seduce a minor over the internet. The Fourth District Court of Appeal reverses the conviction, holding that the trial court erred in denying Siegel's peremptory challenges to two female jurors based on gender-neutral rea
• United States v. Corrigan
  168 F.2d 641· 2d Cir.· 1948-05-28 ·cited 28×
  The court held that the admission of prejudicial reports, based on an inapplicable 'opened the door' theory, required reversal and a new trial.
• Hinton v. State
  347 So. 2d 1079· Fla. 3d DCA· 1977-07-06 ·cited 27×
  Jeff Davis Hinton was convicted of aggravated assault for attacking his brother with a hatchet. On appeal, he challenged the admission of hearsay testimony from the deceased victim identifying him as the assailant, arguing it violated his Sixth Amendment confrontation rights. The
• Docekal v. State
  929 So. 2d 1139· Fla. 5th DCA· 2006-06-02 ·cited 25×
  Rick Docekal was convicted of sexual battery after a sexual encounter with a coworker at a company convention. The Florida appellate court reversed and remanded for a new trial, holding that the trial court abused its discretion by limiting Docekal's cross-examination of the vict
• Jennings v. State
  744 So. 2d 1126· Fla. 4th DCA· 1999-10-20 ·cited 22×
  William Jennings appealed his armed robbery conviction and sentence under the Prisoner Releasee Reoffender Act, challenging the admission of collateral crime evidence regarding a subsequent robbery attempt and the constitutionality of the sentencing statute. The Florida Fourth Di
• Cartwright v. State
  885 So. 2d 1010· Fla. 4th DCA· 2004-11-03 ·cited 21×
  Joseph Cartwright appealed his burglary conviction, arguing the trial court erred in allowing evidence of a prior burglary at the victim's home, testimony about marijuana possession, and improper prosecutorial closing argument. The Fourth District Court of Appeal reversed and rem
• United States v. Nardi
  633 F.2d 972· 1st Cir.· 1980-11-12 ·cited 20×
  The court held that the evidence was sufficient to support the conviction and that evidentiary rulings and denials of procedural rights were not grounds for reversal.
• Dellefield v. Blockdel Realty Co., Inc.
  128 F.2d 85· 2d Cir.· 1942-05-06 ·cited 20×
  The court held that the exclusion of defendant Block's testimony regarding his dealings with the deceased Dellefield was improper, requiring a new trial. The court also found insufficient evidence to support the deceit claim against the corporations and the Third National transac
• Redd v. State
  49 So. 3d 329· Fla. 1st DCA· 2010-12-08 ·cited 17×
  Samuel Dennis Redd was convicted of trafficking in cocaine based largely on double hearsay statements from a codefendant that were improperly admitted at trial. The Florida First District Court of Appeal reversed the conviction, holding that the trial court erred in allowing the
• Derinda Edwards v. State
  530 So. 2d 936· Fla. 4th DCA· 1988-07-13 ·cited 16×
  Derinda Edwards appeals her conviction for aggravated battery with a deadly weapon. The Florida Fourth District Court of Appeal affirmed her conviction, rejecting her arguments regarding cross-examination about the victim's drug history, testimony regarding her prior bad acts, an
• United States v. Pina
  844 F.2d 1· 1st Cir.· 1988-01-22 ·cited 16×
  The court affirmed the weapons convictions and affirmed in part, modified in part, and vacated and remanded in part the contempt convictions. It held that the defendant knowingly waived counsel, that certain inflammatory evidence was harmless error, and that some contempt sentenc
• United States v. Kwang FU Peng
  766 F.2d 82· 2d Cir.· 1985-06-26 ·cited 16×
  The court held that a mistrial declared sua sponte due to defense counsel's disqualification, necessitated by his involvement as a witness to disputed facts, was supported by manifest necessity, and therefore did not bar retrial on double jeopardy grounds.
• Robertson v. State
  780 So. 2d 106· Fla. 3d DCA· 2001-03-28 ·cited 15×
  Floyd Thomas Robertson appeals his second-degree murder conviction for shooting his girlfriend Maria Nelson. The trial court admitted testimony from Robertson's ex-wife about a prior incident where Robertson threatened her with a gun, which Robertson argues was erroneous. The app
• United States v. Touloumis
  771 F.2d 235· 7th Cir.· 1985-08-19 ·cited 14×
  The court held that there was sufficient evidence to support the conviction and that the trial court did not abuse its discretion in admitting certain evidence or in its jury instructions.
• United States v. Dumas
  658 F.2d 411· 5th Cir.· 1981-10-08 ·cited 14×
  The court held that the trial court did not abuse its discretion in dismissing a juror, limiting cross-examination, admitting evidence of an extraneous offense, or in its jury instructions on entrapment, and that any procedural errors were harmless.
• Pelham v. Walker
  135 So. 3d 1114· Fla. 2d DCA· 2013-09-18 ·cited 12×
  Evelyn Pelham appealed a negligence judgment awarding her partial damages after a motor vehicle accident caused by Josephine Walker. The appellate court reversed and remanded for a new trial, finding the trial court abused its discretion by denying Pelham's challenge for cause to
• Green v. State
  27 So. 3d 731· Fla. 2d DCA· 2010-02-10 ·cited 12×
  Jeffrey Green was convicted of first-degree felony murder, armed burglary, and armed robbery in connection with a shooting death during a robbery. The Florida District Court of Appeal, Second District, reversed and remanded for a new trial because the prosecutor improperly commen
• United States v. Chavis
  772 F.2d 100· 5th Cir.· 1985-08-27 ·cited 12×
  The court affirmed the mail fraud convictions, finding that any errors in evidentiary rulings or jury instructions were harmless.
• Oliver v. State
  977 So. 2d 673· Fla. 5th DCA· 2008-02-29 ·cited 9×
  The court held that the evidence was sufficient to establish familial or custodial authority and that the trial court did not abuse its discretion in admitting certain testimony or denying a mistrial.
• Rogers v. State
  964 So. 2d 221· Fla. 4th DCA· 2007-08-29 ·cited 9×
  Curtis Rogers was charged with burglary after testifying that he entered a home thinking it was empty and had no intent to commit theft. On direct examination, Rogers stated he pleaded guilty to 13 prior felonies because he was guilty, implying his innocence in the current case.
• Brookins v. State
  228 So. 3d 31· Fla.· 2017-04-20 ·cited 8×
  Elijah Brookins was convicted of first-degree murder for stabbing a fellow inmate 26 times on a DOC transport bus. The Florida Supreme Court affirmed the conviction but vacated the death sentence and remanded for a new penalty phase, finding the jury's 10-2 death recommendation v
• Foster v. State
  182 So. 3d 3· Fla. 2d DCA· 2015-09-30 ·cited 8×
  The court held that the trial court erred in admitting certified copies of the defendant's prior convictions as impeachment evidence.
• Smith v. State
  98 So. 3d 632· Fla. 4th DCA· 2012-09-05 ·cited 8×
  Smith, an adoptive mother, was convicted of sexual battery on a child and lewd or lascivious molestation. The Florida Fourth District Court of Appeal reversed her convictions, holding that the trial court erred by excluding testimony from an assistant state attorney regarding the
• United States v. Pretel
  939 F.2d 233· 5th Cir.· 1991-08-06 ·cited 8×
  The court held that the trial court did not err in determining jurisdiction as a matter of law, admitting evidence related to Marcomex, denying a motion to dismiss based on destroyed evidence, or in its jury instruction regarding the captain's knowledge.
• 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.
• United States v. Sawyer
  469 F.2d 450· 2d Cir.· 1972-11-08 ·cited 8×
  The court held that the prosecutor's improper questions about an autopsy report, while improper, did not constitute reversible error given the jury instructions and context.
• 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
• Parmanand Maharaj v. State
  78 So. 3d 63· Fla. 4th DCA· 2012-01-18 ·cited 7×
  Parmanand Maharaj appeals his convictions for sexual battery and related offenses against a child. The Fourth District Court of Appeal reversed and remanded for a new trial based on a trial court error in refusing to allow the defendant to cross-examine the child's mother regardi
• Antoury v. State
  943 So. 2d 906· Fla. 5th DCA· 2006-12-01 ·cited 7×
  George Antoury appealed his convictions for attempted sexual battery and battery, arguing the trial court erred by excluding evidence about the victim's sexual history and mental illness, restricting cross-examination of the investigating officer, and rebuking his attorney. The F
• Antoine Faust v. State
  95 So. 3d 421· Fla. 4th DCA· 2012-08-15 ·cited 6×
  Antoine Faust appeals his first-degree murder conviction, challenging the admission of his prior violent acts toward his ex-girlfriend, statements from a family friend witness, and jail phone recordings. The Fourth District Court of Appeal affirms, finding all three categories of
• Vann v. State
  666 So. 2d 176· Fla. 5th DCA· 1995-12-08 ·cited 6×
  Reversal required because trial court improperly prevented defendant from explaining his guilty plea during rehabilitation questioning, violating the principle established in Lawhorne v. State that a witness may be asked impeachment questions to rehabilitate credibility before cr
• Dixon v. State
  592 So. 2d 1241· Fla. 3d DCA· 1992-02-04 ·cited 6×
  Matthew Dixon appealed his jury convictions for second-degree murder and firearm possession during felony commission. The appellate court affirmed the convictions but reversed and remanded the sentences due to erroneous calculation of the sentencing guidelines scoresheet.
• Mantecon v. State
  373 So. 3d 929· Fla. 1st DCA· 2023-09-27 ·cited 5×
  The appellate court affirmed a defendant's convictions for murder, shooting into an occupied vehicle, and aggravated assault. The court found no error in allowing a witness to testify about the reasonableness of the defendant's use of deadly force, nor in denying a motion for acq
• Ayalavillamizar v. State
  134 So. 3d 492· Fla. 4th DCA· 2014-02-12 ·cited 5×
  Jorge Ivan Ayalavillamizar appeals his first-degree murder conviction for the 2004 bludgeoning death of his girlfriend with a sledgehammer. He challenges the sufficiency of circumstantial evidence, evidentiary rulings admitting evidence of prior violence and abortion, the prosecu
• Cullen v. State
  920 So. 2d 1155· Fla. 4th DCA· 2006-02-01 ·cited 5×
  Defendant's conviction for robbery with a deadly weapon was reversed because the trial court erred in limiting impeachment of a key witness who had opened the door to prior conviction evidence by falsely claiming he had never been in trouble.
• Dalia A. Dippolito v. State
  275 So. 3d 653· Fla. 4th DCA· 2019-06-05 ·cited 4×
  Dalia Dippolito appeals her third conviction for solicitation to commit first-degree murder of her husband, raising challenges to the admission of uncharged crimes evidence, the denial of an objective entrapment instruction, and the use of bad acts evidence. The Fourth District C
• Okeechobee Aerie 4137 v. Wilde
  199 So. 3d 333· Fla. 4th DCA· 2016-08-03 ·cited 4×
  A motorcycle accident victim and his wife sued a fraternal organization for negligently serving alcohol to a known habitual alcoholic, obtaining a jury verdict for approximately $11 million in damages. The Fourth District Court of Appeal reversed and remanded for a new trial, hol
• Soto v. McCULLEY Marine Servs., Inc.
  181 So. 3d 1223· Fla. 2d DCA· 2015-12-16 ·cited 4×
  The Estate of Jose H. Medina brought a wrongful death action against marine service defendants whose moored tugboat and barge allegedly created dangerous currents that caused Medina to drown despite wearing a life jacket. The trial court erred by informing the jury that the defen