Prejudicial Impact

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

• Straight v. State
  397 So. 2d 903· Fla.· 1981-03-19 ·cited 297×
  Ronald Straight was convicted of first-degree murder and sentenced to death for the kidnapping, torture, and murder of James Stone in a robbery scheme. The Florida Supreme Court affirmed the conviction and death sentence, rejecting challenges to venue, photograph admissibility, e
• Gudinas v. State
  693 So. 2d 953· Fla.· 1997-04-10 ·cited 191×
  Thomas Lee Gudinas was convicted of first-degree murder, two counts of sexual battery, attempted sexual battery, and attempted burglary with assault in connection with the brutal rape and murder of Michelle McGrath following an attempted attack on another woman, Rachelle Smith. T
• United States v. Dansker
  537 F.2d 40· 3d Cir.· 1976-06-02 ·cited 163×
  The court held that the evidence was insufficient to prove that Serota accepted a bribe under New Jersey law, as it did not demonstrate an intent to corrupt a public office or action. Consequently, the convictions for bribing Serota and the conspiracy to bribe Serota were reverse
• Duest v. State
  462 So. 2d 446· Fla.· 1985-01-10 ·cited 153×
  Lloyd Duest was convicted of first-degree murder and sentenced to death for the stabbing death of John Pope during a robbery. The Florida Supreme Court affirmed the conviction and death sentence, rejecting challenges to witness disclosure, prosecutorial conduct, sufficiency of ev
• Burley Clifton Harryman v. Estelle
  616 F.2d 870· 5th Cir.· 1980-05-09 ·cited 122×
  The court held that the majority applied the wrong standard of harmless error review, failing to consider whether the unconstitutionally admitted evidence contributed to the conviction.
• Chapman v. United States
  547 F.2d 1240· 5th Cir.· 1977-03-03 ·cited 113×
  The court held that while the prosecution's eliciting of the defendant's post-arrest silence may have constituted a due process violation under intervening law, it was harmless error beyond a reasonable doubt given the overwhelming evidence of guilt and the implausibility of the
• Morton v. State
  689 So. 2d 259· Fla.· 1997-03-06 ·cited 112×
  Alvin Morton was convicted of two murders and sentenced to death. The Florida Supreme Court affirmed the conviction but vacated the death sentence due to prosecutorial abuse in using prior inconsistent statements to impeach the State's own witnesses, particularly regarding the co
• United States v. McDONALD
  576 F.2d 1350· 9th Cir.· 1978-05-04 ·cited 108×
  The court held that the evidence was insufficient to sustain McDonald's convictions for mail fraud and interstate transportation of fraudulently obtained property, reversing his conviction. The convictions of the other appellants were affirmed.
• Wadada Delhall v. State
  95 So. 3d 134· Fla.· 2012-07-12 ·cited 105×
  Wadada Delhall was convicted of first-degree murder for killing Hubert McCrae, the eyewitness to his brother's murder charge. The Florida Supreme Court affirmed his guilt-phase conviction but vacated his death sentence and remanded for a new penalty phase due to cumulative errors
• M. David Sims, M.D. v. Brown
  574 So. 2d 131· Fla.· 1991-01-18 ·cited 97×
  The Florida Supreme Court reviewed a medical malpractice case involving a patient who suffered a stroke during gynecological surgery. The Court quashed the district court's reversal of jury verdicts for two defendants (Keedy and South Miami Hospital) while leaving intact the dist
• United States v. York
  830 F.2d 885· 8th Cir.· 1987-10-05 ·cited 92×
  The court affirmed the convictions and sentences, finding no reversible error in the trial court's evidentiary rulings, jury instructions, application of statutes, or sentencing procedures.
• United States v. Clemons
  503 F.2d 486· 8th Cir.· 1974-10-03 ·cited 92×
  The court held that admitting evidence of the defendant's prior arrest in California for drug possession was prejudicial error because it was not proven by clear and convincing evidence and its probative value was outweighed by its prejudicial impact.
• United States v. Fernandez
  480 F.2d 726· 2d Cir.· 1973-05-23 ·cited 90×
  The court held that the judge's conduct during the trial, particularly his questioning of the defense expert, created an appearance of partisanship that prejudiced the defendant and warranted reversal.
• Lowder v. State
  589 So. 2d 933· Fla. 3d DCA· 1991-10-08 ·cited 87×
  Alvin Lowder was convicted of cocaine possession with intent to sell within 1000 feet of a school. The Third District Court of Appeal reversed and remanded for a new trial, holding that two categories of police testimony were improper and prejudicial: characterization of the arre
• United States v. Lyles
  593 F.2d 182· 2d Cir.· 1979-01-31 ·cited 82×
  The court held that the trial court did not commit reversible error by modifying its jury instructions after summations, denying severance motions, or admitting certain evidence, as no substantial prejudice was demonstrated.
• United States v. Landis Cuber Dothard
  666 F.2d 498· 11th Cir.· 1982-01-22 ·cited 81×
  The court held that the trial court improperly admitted extrinsic act evidence because it was not sufficiently similar to the charged offense and its probative value was outweighed by its prejudicial impact. The court also found insufficient evidence that the defendant committed
• Corn v. Zant
  708 F.2d 549· 11th Cir.· 1983-06-15 ·cited 80×
  The court held that the trial judge's remark about automatic appeal did not rise to the level of constitutional error, and the jury instructions on intent and malice did not impermissibly shift the burden of proof. Therefore, the petitioner did not suffer a due process violation.
• United States v. Edwards
  696 F.2d 1277· 11th Cir.· 1983-01-31 ·cited 67×
  The court held that the district court did not err in admitting a recorded conversation under Federal Rule of Evidence 404(b) and did not commit plain error by excluding extrinsic impeachment evidence, nor did it abuse its discretion by failing to investigate jury misconduct alle
• United States v. Badolato
  701 F.2d 915· 11th Cir.· 1983-04-01 ·cited 64×
  The court affirmed the convictions, finding sufficient evidence of conspiracy and rejecting claims of evidentiary and procedural errors.
• Sampson Armstrong v. State
  429 So. 2d 287· Fla.· 1983-01-20 ·cited 63×
  Sampson Armstrong, a death row inmate, challenged his murder convictions and death sentence through a Rule 3.850 motion and habeas corpus petition, arguing trial and appellate counsel were ineffective and raising various trial errors. The Florida Supreme Court affirmed the denial
• United States v. Riley
  657 F.2d 1377· 8th Cir.· 1981-09-08 ·cited 63×
• United States v. Hiett
  581 F.2d 1199· 5th Cir.· 1978-10-16 ·cited 63×
  In income tax evasion cases using the net worth method, if the taxpayer provides no leads to nontaxable sources, the government satisfies its burden of proof by conducting a thorough investigation that fails to reveal any nontaxable source. The burden of proving deductions rests
• United States v. Fowler
  735 F.2d 823· 5th Cir.· 1984-06-20 ·cited 60×
  The court held that the evidence was sufficient to convict the Fowlers of conspiracy but reversed A.J. Fowler's mail fraud conviction due to the refusal to give a good faith jury instruction.
• McQUEENEY v. Wilmington Tr. Co.
  779 F.2d 916· 3d Cir.· 1985-12-26 ·cited 53×
  The court held that evidence of subornation of perjury is relevant under Rule 401 and, absent substantial unfair prejudice, admissible under Rule 403, and that the standard for harmless error review in civil cases is the same as in criminal cases ('highly probable' the error did
• Melville v. Am. Home Assurance Co.
  584 F.2d 1306· 3d Cir.· 1978-10-05 ·cited 53×
  The court held that Pennsylvania's choice of law rules would extend its modern flexible conflicts methodology to contract actions, and under that analysis, Delaware law, not New York law, should govern the presumption against suicide in this insurance policy dispute.
• Mordenti v. State
  630 So. 2d 1080· Fla.· 1994-01-27 ·cited 51×
  Michael Mordenti was convicted of first-degree murder and conspiracy to commit murder in the contract killing of Thelma Royston, orchestrated by the victim's husband. The Florida Supreme Court affirmed his convictions and death sentence, finding the evidence sufficient and reject
• United States v. White
  794 F.2d 367· 8th Cir.· 1986-06-26 ·cited 50×
  The court affirmed the convictions, finding no reversible error in the district court's rulings on severance, evidentiary matters, jury instructions, or prosecutorial remarks.
• United States v. Impson
  531 F.2d 274· 5th Cir.· 1976-05-10 ·cited 50×
  The court held that eliciting testimony about a defendant's silence at the time of arrest, without proper justification, is prejudicial error that is not cured by a jury instruction, especially when the silence occurs before Miranda warnings are given.
• United States v. Carter
  528 F.2d 844· 8th Cir.· 1975-12-10 ·cited 48×
  The court held that the trial court did not err in denying the motion to suppress impeachment evidence of prior felony convictions, nor did it err in its handling of peremptory challenges, questioning of a witness, or comments on the evidence, thus affirming the conviction.
• 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.
• Clark v. State
  443 So. 2d 973· Fla.· 1983-12-22 ·cited 46×
  Larry Clark appeals his conviction for first-degree murder and death sentence in connection with a 1981 robbery and shooting deaths in Tampa. The Florida Supreme Court affirms both the conviction and sentence, rejecting Clark's evidentiary and constitutional challenges.
• 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.
• Johnson v. United States
  506 F.2d 640· 8th Cir.· 1974-11-18 ·cited 46×
  The court affirmed the conviction and the denial of post-conviction relief, holding that the jury instructions were proper, the search warrant was valid, and the defendant received adequate assistance of counsel.
• United States v. Oliver
  525 F.2d 731· 8th Cir.· 1975-10-31 ·cited 44×
• United States v. Goff
  847 F.2d 149· 5th Cir.· 1988-06-02 ·cited 40×
  The court clarified its prior opinion, correcting misleading language regarding double jeopardy vacaturs for certain counts of conspiracy to import and possess.
• United States v. Kaiser
  545 F.2d 467· 5th Cir.· 1977-01-14 ·cited 39×
  The majority opinion reversed the death sentence, finding the death penalty provision of 18 U.S.C. § 1111 unconstitutional due to standardless jury discretion. The dissenting judge disagreed, arguing the statute's constitutionality was not clearly settled by precedent and that th
• United States v. Largent
  545 F.2d 1039· 6th Cir.· 1976-12-13 ·cited 36×
  The court held that the defendants' Sixth Amendment speedy trial rights were not violated, the statutes under which they were convicted are constitutional, and the admission of prior similar acts evidence was proper.
• United States v. Auckland Holmes
  452 F.2d 249· 7th Cir.· 1971-10-07 ·cited 36×
  The court held that the evidence was sufficient to convict most defendants, but suppressed cash seized from Oliver due to an unlawful arrest. The court also found that curative instructions were sufficient to mitigate prejudice from improperly admitted evidence.
• Christopher v. State
  407 So. 2d 198· Fla.· 1981-12-10 ·cited 35×
  William D. Christopher appealed his death sentence for two first-degree murders. The Florida Supreme Court reviewed six procedural issues on direct appeal and affirmed the death sentence, finding no reversible error in the trial court's jury selection, admission of confession, ev
• Ottis Elwood Toole v. State
  479 So. 2d 731· Fla.· 1985-11-25 ·cited 34×
  Ottis Toole was convicted of first-degree felony murder for setting a fire that killed George Sonnenberg at a Jacksonville boarding house in 1982. The Florida Supreme Court affirmed the conviction but vacated the death sentence and remanded for resentencing because the trial cour
• Johnson v. Yellow Freight Sys., Inc.
  734 F.2d 1304· 8th Cir.· 1984-05-22 ·cited 34×
  The court should reverse the district court's judgment on the § 1981 claim because the EEOC reasonable cause determination was improperly excluded as evidence.
• United States v. Harrison
  679 F.2d 942· D.C. Cir.· 1982-06-01 ·cited 34×
  The court held that the wife's consent to search the shared storage area was valid, and that other evidence admitted was either harmless error or admissible under evidentiary rules, thus affirming the conviction.
• Perel v. Vanderford
  547 F.2d 278· 5th Cir.· 1977-02-18 ·cited 34×
  The court held that the trial court did not err in failing to instruct the jury on probable cause for a border strip search, nor in limiting discovery or admitting certain evidence, and that the jury instructions were adequate.
• United States v. Baum
  482 F.2d 1325· 2d Cir.· 1973-03-22 ·cited 34×
  The court held that the conviction of Baum must be reversed due to the government's failure to disclose a crucial witness's identity and testimony until trial, denying Baum a fair opportunity to prepare his defense. Scapoli's conviction was affirmed.
• United States v. Turpin
  707 F.2d 332· 8th Cir.· 1983-05-06 ·cited 32×
  The court held that the district court did not err in denying the motion to suppress evidence, admitting other crimes evidence, refusing a jury instruction, or denying the motion for judgment of acquittal, and that the cumulative impact of alleged errors did not deny a fair trial
• United States v. Hadaway
  681 F.2d 214· 4th Cir.· 1982-06-10 ·cited 32×
  The court held that the admission of evidence of a criminal defendant's similar bad acts, even if relevant for intent, was improper when it served only to show propensity and was unduly prejudicial.
• Giblin v. United States
  523 F.2d 42· 8th Cir.· 1975-09-05 ·cited 32×
  The court held that the evidence was sufficient to sustain the kidnapping conviction, the admission of the photograph was not unduly prejudicial, the hearsay testimony was admissible or harmless, and the sentence was not cruel and unusual punishment.
• H & H Elec., Inc. v. Lopez
  967 So. 2d 345· Fla. 3d DCA· 2007-10-10 ·cited 30×
  H & H Electric and its employee Zanti appealed a jury verdict awarding $435,968.16 to Lopez for injuries sustained in a motorcycle-truck collision. The appellate court affirmed, finding no abuse of discretion in the trial court's preclusion of expert testimony about surveillance
• DeVASTO v. Faherty
  658 F.2d 859· 1st Cir.· 1981-09-11 ·cited 30×
  The admission of evidence found during an unlawful search, without proper limiting instructions, was not harmless error and requires a new trial. The district court also erred in denying plaintiff's motion to amend her complaint to add the City of Boston as a defendant.
• United States v. D'Alora
  585 F.2d 16· 1st Cir.· 1978-10-05 ·cited 30×
  The court held that the admission of marked money from a prior drug transaction was proper under Fed.R.Evid. 404(b) and 403, and that the denial of a mistrial and the rejection of the jury panel challenge were also correct.