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961 F.2d 359·
2d Cir.·
1992-04-09
·cited 6×
The court held that expert testimony stating an officer's conduct was 'totally improper' and 'not justified' crossed the line into legal conclusions, but was harmless error. The court also held that a dismissal 'in the interest of justice' does not constitute a favorable terminat
-
954 F.2d 839·
2d Cir.·
1992-01-22
·cited 6×
The court held that the Heilmans' convictions for mail and wire fraud must be reversed due to prejudice from inadmissible RICO evidence after their RICO charges were dismissed. The court also affirmed convictions for civil rights murder, finding sufficient evidence of intent to i
-
780 F.2d 520·
5th Cir.·
1986-01-16
·cited 6×
The court held that the district court did not abuse its discretion in admitting evidence of subsequent fires to show motive, intent, plan, or knowledge, and that the jury verdict was supported by sufficient evidence.
-
872 So. 2d 279·
Fla. 4th DCA·
2004-03-24
·cited 5×
Marcel Smith petitioned for habeas corpus alleging his appellate counsel was ineffective for failing to argue that his attempted burglary conviction should be reversed under Delgado v. State. The court granted the petition, finding that appellate counsel's failure to raise a Delg
-
570 So. 2d 296·
Fla. 3d DCA·
1990-04-17
·cited 5×
-
30 So. 3d 714·
Fla. 3d DCA·
2010-03-31
·cited 4×
James Griffin appeals a jury verdict in favor of Ellis Aluminum & Screen, Inc., challenging the trial court's evidentiary rulings and other trial conduct in a negligence action arising from Griffin's fall on a handrail allegedly negligently installed by Ellis. The court affirms,
-
603 F.2d 147·
10th Cir.·
1979-08-03
·cited 4×
The court held that the trial court did not abuse its discretion in denying a mistrial, continuance, admitting certain testimony, or admitting rebuttal evidence, affirming the conviction.
-
529 F.2d 995·
9th Cir.·
1976-01-26
·cited 4×
The court held that the admission of evidence regarding the defendant's duty to report to jail was reversible error due to its high prejudicial impact and low probative value. The court also held that the defendant was entitled to jury instructions on entrapment.
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449 F.2d 1040·
D.C. Cir.·
1971-06-02
·cited 4×
The dissent argues that admitting evidence of a prior offense for impeachment was improper due to the accumulation of factors, and that the defendant's sentence may have been impermissibly influenced by his decision to go to trial and testify.
-
420 F.2d 912·
4th Cir.·
1969-05-12
·cited 4×
The court held that a conflict of interest arising from counsel also acting as a justice of the peace signing arrest warrants requires a hearing on the issue of waiver. It also held that the claim of inadequate communication between attorney and client before trial must be consid
-
818 F.2d 832·
11th Cir.·
1987-06-09
·cited 3×
The court held that the jury's verdict was supported by sufficient evidence, the admission of evidence regarding the plaintiff's terminal illness was proper, the jury was properly instructed on waiver, and the denial of a new trial based on newly discovered evidence was not an ab
-
973 So. 2d 1194·
Fla. 2d DCA·
2008-01-16
·cited 2×
George Harlan James was convicted of capital sexual battery against a child victim based on testimony describing digital penetration incidents. The appellate court affirmed his conviction, finding that his objections to the victim's testimony were either premature or not properly
-
673 So. 2d 86·
Fla. 5th DCA·
1996-04-12
·cited 2×
The dissenting opinion argues that the trial court did not err in excluding evidence of FPC easements, as this evidence was irrelevant and potentially confusing to the jury in a condemnation case.
-
967 F.2d 776·
2d Cir.·
1992-06-22
·cited 2×
The court held that evidence of an uncharged theft was improperly admitted under Federal Rule of Evidence 404(b) because there was insufficient evidence linking the defendant to that prior act.
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580 So. 2d 161·
Fla. 4th DCA·
1991-01-23
·cited 2×
Jackson sought habeas corpus relief after her cocaine trafficking conviction was affirmed on appeal, arguing her appellate counsel was ineffective for failing to raise a Williams rule evidence issue that her codefendant's counsel successfully raised on appeal. The court granted t
-
916 F.2d 464·
8th Cir.·
1990-10-12
·cited 2×
The court held that the trial court did not err in admitting testimony, denying a mistrial, admitting photographs, finding sufficient evidence, instructing the jury, or calculating the sentence.
-
790 F.2d 1·
1st Cir.·
1986-04-30
·cited 2×
The court held that the trial court did not abuse its discretion in excluding evidence of the plaintiff's sexual history and in admitting deposition testimony regarding the defendant's destruction of documents and misrepresentations about the product's safety.
-
754 F.2d 299·
8th Cir.·
1985-02-14
·cited 2×
The court held that the district court did not abuse its discretion in refusing to grant a mistrial despite prejudicial testimony and closing arguments, given the prompt admonishment of the jury and strong evidence of guilt.
-
728 F.2d 1170·
8th Cir.·
1984-03-08
·cited 2×
The court held that the district court did not err in admitting evidence of prior bad acts to prove intent, as it met the requirements of Fed.R.Evid. 404(b) and the Clemons test.
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585 F.2d 904·
8th Cir.·
1978-10-19
·cited 2×
The court held that the evidence was sufficient to support the conviction and that the trial court did not err in admitting certain evidence or denying motions for discovery.
-
Fla. 4th DCA·
2023-04-26
The trial court did not abuse its discretion in admitting testimony from a Williams rule witness regarding a collateral assault incident where the similarities to the charged sexual battery were sufficient and the trial court properly applied legal standards for such evidence.
-
Fla. 3d DCA·
2023-03-29
A trial court's discretionary decision to exclude evidence under Florida Statute § 90.403 will not be overturned on appeal absent a clear abuse of discretion.
-
Fla. 3d DCA·
2023-03-29
-
N.D. Fla.·
2022-03-31
The court granted defendants' motions to exclude the expert opinions and testimony of Dr. Roy Bedard.
-
Fla. 3d DCA·
2021-04-07
Expert testimony may not be used as a conduit for introducing otherwise inadmissible evidence, and trial courts have discretion to weigh probative value against prejudicial impact in evidentiary rulings.
-
N.D. Fla.·
2020-01-17
The court denied the petition for a writ of habeas corpus and denied a certificate of appealability because the state court's ruling was not contrary to or an unreasonable application of federal law.
-
835 So. 2d 335·
Fla. 3d DCA·
2003-01-08
The court held that the introduction of evidence regarding a million-dollar liability policy was irrelevant and prejudicial, constituting harmful error for the murder solicitation convictions.
-
966 F.2d 440·
8th Cir.·
1992-06-09
The court held that while the government improperly referred to the defendant's post-Miranda silence, this error was harmless beyond a reasonable doubt given the overwhelming evidence of guilt.
-
961 F.2d 955·
D.C. Cir.·
1992-04-24
The court held that the district court abused its discretion by denying a mistrial when inadmissible hearsay testimony, which directly implicated the defendant in drug distribution, was presented to the jury, and the government's case was otherwise weak.
-
866 F.2d 1185·
10th Cir.·
1989-01-23
The dissenting judge would hold that the prosecutor's argument violated Caldwell v. Mississippi, diminishing the jury's sense of responsibility, and that a strict standard of review requires vacating the death sentence.
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845 F.2d 760·
8th Cir.·
1988-04-26
The court held that the district court erred in admitting evidence of the defendant's prior uncharged drug activities because its probative value was substantially outweighed by the danger of unfair prejudice and the jury was not properly instructed on its limited use.
-
513 So. 2d 151·
Fla. 1st DCA·
1987-08-11
Forrest and Newell appealed grand theft convictions for stealing a mobile home. The court affirmed both convictions but reversed Forrest's habitual offender designation and departure sentence due to insufficient findings and lack of clear and convincing reasons for departure.
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623 F.2d 339·
4th Cir.·
1980-06-19
The court held that the admission of masked photographic evidence and a handgun was not an abuse of discretion, as their probative value for identification and establishing means outweighed any potential prejudice.
-
511 F.2d 1308·
D.C. Cir.·
1975-02-12
The court held that the appellant's own testimony was not necessary to adequately present his defenses, and the denial of his motion for a new trial based on alleged newly discovered evidence was proper.