Opening The Door (Evidence)

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

• Everton Baker v. State
  102 So. 3d 756· Fla. 4th DCA· 2012-12-19 ·cited 4×
  A trial court errs when it permits cross-examination into the specific nature of a defendant's prior arrests in response to the defendant's testimony about experiencing police profiling, particularly where the prior arrests are for the same crime charged at trial, unless the defe
• Young v. State
  791 So. 2d 1121· Fla. 4th DCA· 2000-12-06 ·cited 4×
  Kevin Young was convicted of possession of cocaine with intent to sell after a police officer testified that it is not uncommon for cocaine sellers to not have the drug in their physical possession. The court reversed because such testimony is inadmissible character evidence that
• Smith v. State
  721 So. 2d 760· Fla. 4th DCA· 1998-11-12 ·cited 4×
  James A. Smith appeals his conviction for sexual battery on a child and his 86.55-month sentence. The Fourth District Court of Appeal affirms the conviction and sentence, rejecting both his hearsay testimony claim and his argument regarding the scoresheet calculation.
• Sonsearaharay Polk v. Yellow Freight Sys., Inc.
  876 F.2d 527· 6th Cir.· 1989-05-31 ·cited 4×
  The court held that the jury's finding of retaliatory discharge was supported by sufficient evidence, and the district court did not err in its evidentiary rulings or jury instructions.
• United States v. Sheeran
  699 F.2d 112· 3d Cir.· 1983-01-24 ·cited 4×
  The court held that mail fraud convictions must be reversed due to improper application of the statute to rights derived solely from NLRA Section 7, but RICO convictions are affirmed as they were predicated on independent Taft-Hartley violations. The case is remanded for resenten
• Mosley v. State
  91 So. 3d 928· Fla. 1st DCA· 2012-07-09 ·cited 3×
  The court held that the trial court committed reversible error by prohibiting defense counsel from proffering testimony regarding the victim's alleged drug use on cross-examination after the victim may have minimized his prior conviction.
• Tulio Arias v. State
  20 So. 3d 980· Fla. 3d DCA· 2009-10-21 ·cited 3×
  Tulio Arias appealed his manslaughter conviction, challenging the trial court's exclusion of toxicology evidence showing the victim had a .21 blood alcohol level and cocaine in his system. The court reversed and remanded for a new trial, finding the exclusion improper when the de
• Hill v. State
  933 So. 2d 667· Fla. 1st DCA· 2006-07-13 ·cited 3×
  The court held that the trial court erred in admitting evidence of unrelated crimes because the defendant's testimony did not open the door to such evidence and it was not otherwise relevant.
• Kasheena Mordica v. State
  305 So. 3d 745· Fla. 3d DCA· 2020-05-20 ·cited 2×
  The appellate court affirmed a conviction for attempted second-degree murder and leaving the scene of an accident. The court found that the trial court did not err in its jury instructions or evidentiary rulings, thus upholding the conviction.
• Smithey v. State
  206 So. 3d 717· Fla. 5th DCA· 2016-12-08 ·cited 2×
  Anita Smithey was convicted of second-degree murder in the shooting death of her estranged husband. She sought postconviction relief under Florida Rule of Criminal Procedure 3.850, alleging her trial counsel rendered ineffective assistance by introducing a 911 call that opened th
• Jackson v. Albright
  120 So. 3d 37· Fla. 4th DCA· 2013-07-24 ·cited 2×
  The Estate of Kim Douglas appealed a defense verdict in a personal injury case arising from a 2001 car collision, challenging the trial court's admission of evidence regarding a prior settlement to rebut Douglas's testimony about lack of funds for medical treatment. The court aff
• Randall v. State
  938 So. 2d 542· Fla. 1st DCA· 2006-08-08 ·cited 2×
  The court held that the defendant waived several arguments on appeal by failing to preserve them at trial, and any potential errors were harmless due to overwhelming evidence of guilt.
• Robertson v. State
  780 So. 2d 94· Fla. 3d DCA· 2000-04-12 ·cited 2×
  Floyd Thomas Robertson was convicted of second degree murder in the shooting death of his girlfriend. The appellate court reversed and remanded for a new trial, finding that the trial court reversibly erred by allowing the prosecution to introduce inadmissible character evidence
• Maldonado v. State
  697 So. 2d 1284· Fla. 5th DCA· 1997-08-15 ·cited 2×
  Edwin Maldonado was convicted of attempted second-degree murder for allegedly punching his girlfriend's four-year-old daughter, causing serious internal injuries. On appeal, he challenged the admission of evidence regarding the child's pre-assault medical condition and claimed pr
• Gov't OF the Virgin Islands v. Martinez
  847 F.2d 125· 3d Cir.· 1988-06-01 ·cited 2×
  The court held that the district court did not abuse its discretion in denying a Spanish-speaking attorney, refusing to compel informant identity disclosure, allowing a transcript of a tape recording to be used by the jury, and that the admission of testimony regarding prior unch
• Cabreriza v. State
  517 So. 2d 51· Fla. 3d DCA· 1987-12-08 ·cited 2×
  David Cabreriza appeals his convictions for first-degree murder, armed robbery, and armed burglary following a jury verdict. The Florida appellate court affirmed, finding no error in permitting cross-examination regarding stolen jewelry and concluding that denial of a brief attor
• Grover E. Rabon, Jr. v. Great Sw. Fire Ins. Co.
  818 F.2d 306· 4th Cir.· 1987-05-08 ·cited 2×
  The court held that the trial court did not commit reversible error by admitting evidence related to a criminal arson case, as the objecting party had "opened the door" to the topic and failed to properly object to jury instructions.
• Gillig v. State
  356 So. 3d 260· Fla. 4th DCA· 2023-02-22 ·cited 1×
  Evidence of a prior DUI is inadmissible under Florida's Williams rule when the prior incident does not tend to prove or disprove any material fact required by the statute defining the charged offense, such as impairment to normal faculties on the date in question.
• Russell v. State
  269 So. 3d 621· Fla. 1st DCA· 2019-04-16 ·cited 1×
  Appellant was convicted of crimes related to harassing a victim following a domestic violence separation and injunction. Appellant challenged the admission of text messages sent before the injunction was entered, arguing they were inadmissible when used as impeachment evidence on
• Desmond D. Sanders v. State
  254 So. 3d 1038· Fla. 4th DCA· 2018-09-20 ·cited 1×
  Desmond Sanders appeals his first-degree murder conviction for the shooting death of Carlos Bradwell at the House of Meat in Fort Pierce. The appellate court affirmed the conviction, addressing Sanders' challenge to the trial court's admission of evidence regarding a shooting at
• Rodrigues v. State
  142 So. 3d 901· Fla. 4th DCA· 2014-07-02 ·cited 1×
  Marcia Rodrigues appealed her first-degree murder conviction challenging the admission of evidence about her social life and her son's opinions regarding her mental state, as well as the trial court's refusal to re-poll the jury after a juror expressed confusion about jury instru
• Edwards-Freeman v. State
  93 So. 3d 497· Fla. 4th DCA· 2012-07-25 ·cited 1×
  Edwards-Freeman appeals his conviction for aggravated assault with a firearm, arguing the trial court violated the Confrontation Clause by admitting hearsay testimony from a non-testifying victim and improperly prevented cross-examination about inconsistencies between victims' st
• Garcia v. State
  974 So. 2d 1154· Fla. 3d DCA· 2008-02-13 ·cited 1×
  Daniel Garcia appealed his conviction for aggravated battery with a deadly weapon, challenging the trial court's admission of evidence about a prior threat he made to his estranged wife eleven days before the offense. The Florida appellate court affirmed the conviction, holding t
• Jackson v. State
  947 So. 2d 480· Fla. 3d DCA· 2006-11-08 ·cited 1×
  Jeffery Jackson appealed his first-degree murder conviction, arguing that cumulative trial errors deprived him of a fair trial. The Florida appellate court reversed and remanded for a new trial, finding that the trial court improperly restricted Jackson's testimony about his prio
• Modeste v. State
  760 So. 2d 1078· Fla. 5th DCA· 2000-06-23 ·cited 1×
  Randy Modeste was convicted of drug possession after police found a bag of marijuana near a car where he was spotted. On appeal, Modeste challenges the trial court's admission of evidence regarding his prior drug arrests, which were used to impeach his credibility when he testifi
• Grace v. Sec'y, Dep't of Corr. (Polk County)
  M.D. Fla.· 2024-02-08
  Wesley Grace challenged his Florida conviction for armed burglary with assault, aggravated assault, and tampering with a witness through a federal habeas corpus petition, claiming ineffective assistance of trial counsel on multiple grounds. The District Court denied all seven cla
• Cabriano v. State
  Fla. 4th DCA· 2021-08-18
  A defendant sufficiently alleges ineffective assistance of counsel when he claims counsel should have moved to disqualify the trial judge for departing from his role as neutral arbiter by raising and arguing on behalf of the prosecution that the defendant's testimony opened the d
• Nock v. State
  256 So. 3d 828· Fla.· 2018-11-01
  The Florida Supreme Court held that the statutory rule of completeness does not apply when no portion of a recorded statement is introduced into evidence, and that a defendant who introduces exculpatory hearsay statements through cross-examination of a witness is subject to impea
• Mooney v. State
  898 So. 2d 1030· Fla. 1st DCA· 2005-03-11
  The court held that the trial court abused its discretion by admitting evidence of prior DUI convictions when the defense did not open the door.
• Candy Ann Turben v. State
  884 So. 2d 1157· Fla. 1st DCA· 2004-10-28
• Fiddemon v. State
  858 So. 2d 1100· Fla. 4th DCA· 2003-10-22
  The court held that the trial court erred in admitting evidence of a prior assault under the 'opening the door' theory, as the defense's questioning about the thoroughness of the investigation did not mislead the jury or open the door to such evidence.
• Washington v. State
  758 So. 2d 1148· Fla. 4th DCA· 2000-04-12
  Fred Washington was convicted of first-degree murder and armed robbery in the shooting death of a convenience store clerk during a robbery. On appeal, Washington challenged the trial judge's failure to give an Allen charge (deadlock instruction) when the jury reported a 10-2 dead
• Yates v. State Farm Mut. Auto. Ins. Co.
  746 So. 2d 1161· Fla. 4th DCA· 1999-11-24
  In an automobile accident personal injury case, the trial court initially excluded evidence of the plaintiff's treating physician's license suspension but allowed cross-examination on this issue after the physician testified he had examined the plaintiff during the suspension per
• Chao v. State
  661 So. 2d 1246· Fla. 3d DCA· 1995-10-18
  The court held that the trial court erred in refusing to allow the defendant to play his full audio-taped statement to the jury after the prosecution alluded to portions of it.
• Nedd v. State
  66 So. 2d 498· Fla.· 1953-07-24
  The Florida Supreme Court affirmed a conviction for conducting a lottery and selling lottery tickets. The court held that the defendant opened the door to evidence about lottery books when he inquired about them during cross-examination, and therefore could not object when the st