Undue Prejudice

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

• United States v. Guerrero
  938 F.2d 725· 7th Cir.· 1991-07-25 ·cited 10×
  The court held that the defendant's trial counsel's performance did not fall below an objective standard of reasonableness and did not prejudice the defendant, thus not constituting ineffective assistance of counsel.
• United States v. Miller
  883 F.2d 1540· 11th Cir.· 1989-09-25 ·cited 10×
  The dissenting judge would hold that the district court did not abuse its discretion in admitting extrinsic evidence of a prior drug sale to show identity, modus operandi, or intent, and alternatively, that any error was harmless.
• United States v. J. A. "Bob" Wilkes
  685 F.2d 135· 5th Cir.· 1982-08-24 ·cited 10×
  The court held that the admission of extrinsic evidence of prior collection practices was proper under Fed.R.Evid. 404(b) because intent was a contested element of the offense and the evidence was relevant and not unduly prejudicial.
• Smith v. United States
  224 F.2d 58· 5th Cir.· 1955-06-30 ·cited 10×
  The court held that a co-conspirator's testimony is admissible against a defendant, and evidence of unrelated offenses may be admitted if relevant and not unduly prejudicial, especially in a bench trial.
• Lelieve v. State
  7 So. 3d 624· Fla. 3d DCA· 2009-04-15 ·cited 9×
  Gerald Lelieve was convicted of trafficking in cocaine following a jury trial where undercover detectives testified to observing drug transactions at a house. On appeal, Lelieve challenged three rulings: denial of his request to discharge counsel and hire private counsel, denial
• Herard v. State
  390 So. 3d 610· Fla.· 2024-07-03 ·cited 8×
  James Herard was convicted of 18 gang-related felonies, including two first-degree murders committed as part of a gang violence competition. The Florida Supreme Court affirmed his death sentence for one murder and life imprisonment for the other, rejecting challenges to his convi
• Corbett v. State
  113 So. 3d 965· Fla. 2d DCA· 2013-02-27 ·cited 8×
  Darren Corbett appealed his convictions for kidnapping and robbery with a deadly weapon, challenging the admission of Williams rule evidence concerning similar crimes against a different victim and a misspelling of the victim's name in the information. The court affirmed his conv
• Coverdale v. State
  940 So. 2d 558· Fla. 2d DCA· 2006-10-27 ·cited 8×
  Keith Coverdale was convicted of aggravated stalking in violation of Florida law after allegedly violating a domestic violence injunction by repeatedly contacting his ex-partner. The appellate court reversed and remanded for a new trial, finding that the trial court abused its di
• Williams v. State
  834 So. 2d 923· Fla. 3d DCA· 2003-01-15 ·cited 8×
  The trial court abused its discretion in preventing defense counsel from eliciting that an eyewitness was expelled from the police explorers, but the error was harmless. The admission of a photograph of the victim in military dress was proper as relevant identification evidence a
• Perrian v. O'Grady
  958 F.2d 192· 7th Cir.· 1992-03-19 ·cited 8×
  The court held that the district court did not abuse its discretion in denying the plaintiff's motion for leave to amend his complaint to add new defendants shortly before trial, nor did the plaintiff meet the standard for joinder under Rule 19.
• Carlton Black v. State
  578 So. 2d 1102· Fla.· 1991-05-09 ·cited 8×
• Thigpen v. Thigpen
  926 F.2d 1003· 11th Cir.· 1991-02-26 ·cited 8×
  The court affirmed the district court's denial of the habeas corpus petition, holding that the admission of evidence of the defendant's prior murder conviction and death sentence did not render his trial fundamentally unfair.
• United States v. Fortenberry
  860 F.2d 628· 5th Cir.· 1988-11-10 ·cited 8×
  The court held that the admission of extrinsic offenses evidence created undue prejudice that substantially outweighed its probative value, requiring reversal of the denial of a new trial.
• Maude Lanham v. Whitfield
  805 F.2d 970· 11th Cir.· 1986-12-09 ·cited 8×
  The court held that the trial court did not abuse its discretion in denying motions for a new trial, excluding evidence, limiting cross-examination, directing a verdict, or denying in forma pauperis status.
• Fuster v. State
  480 So. 2d 173· Fla. 3d DCA· 1985-12-17 ·cited 8×
  The court held that the admission of photographs and a videotaped lineup, even if potentially suggestive, was not reversible error given the victim's consistent identification and the lack of explicit reference to prior criminal activity.
• Sweetheart Plastics, Inc. v. Detroit Forming, Inc.
  743 F.2d 1039· 4th Cir.· 1984-09-13 ·cited 8×
  The court held that the district court abused its discretion by denying the motion to amend the complaint and erred in its jury instructions regarding acquiescence and abandonment.
• United States v. Gray
  730 F.2d 733· 11th Cir.· 1984-04-23 ·cited 8×
  The court held that a prosecutor's good-faith opening statement remark, even if later excluded, does not constitute reversible error if made with a reasonable belief in admissibility. It also held that limiting cross-examination on collateral matters is within the trial judge's d
• United States v. Smith
  726 F.2d 183· 5th Cir.· 1984-02-21 ·cited 8×
  The court held that the admission of extrinsic-offense evidence, prosecutorial misconduct, and the refusal of a specific jury instruction did not warrant reversal of the conviction.
• Hurst v. The United States Postal Serv.
  586 F.2d 1197· 8th Cir.· 1978-10-25 ·cited 8×
  The equitable doctrine of laches does not bar a timely filed lawsuit when the defendant's alleged prejudice stems from its own self-imposed destruction of evidence pursuant to regulation.
• O'Berry v. State
  348 So. 2d 670· Fla. 3d DCA· 1977-08-09 ·cited 8×
  Frances O'Berry appeals her conviction and 15-year sentence for manslaughter in the shooting death of her boyfriend. The appellate court affirmed the conviction, finding that while the trial court erred in admitting certain prejudicial evidence, the errors were harmless because t
• William v. Massei
  241 F.2d 895· 1st Cir.· 1957-02-27 ·cited 8×
  The court held that evidence of prior graft-taking by a police officer is admissible to prove a continuing source of unreported income, even if it suggests commission of another crime.
• Edwards v. Niles Sales & Serv., Inc.
  439 F. Supp. 2d 1202· S.D. Fla.· 2006-06-27 ·cited 7×
  The court adopted the Magistrate Judge's recommendation to grant summary judgment for the defendants, denying the plaintiff's request to amend his complaint.
• Allapattah Servs., Inc. v. Exxon Corp.
  61 F. Supp. 2d 1326· S.D. Fla.· 1999-07-20 ·cited 7×
  The court held that plaintiffs are not entitled to assert a claim for punitive damages because their allegations constitute a breach of contract, not an independent tort, and the request to amend the complaint was untimely and would cause undue prejudice.
• United States v. Dixon
  698 F.2d 445· 11th Cir.· 1983-02-18 ·cited 7×
  The court held that the defendant's conviction for tax evasion was supported by sufficient evidence that he received funds in the tax year in question, and that the admission of certain prejudicial evidence was not an abuse of discretion.
• Collins v. State
  717 So. 2d 186· Fla. 5th DCA· 1998-09-18 ·cited 6×
  Michael Collins was convicted of cocaine trafficking after police executing a search warrant found cocaine-containing clothing near a window where Collins was found naked. Collins appealed challenging the sufficiency of evidence of his possession and knowledge of the cocaine, the
• Mo. Hous. Dev. Comm'n v. Brice
  919 F.2d 1306· 8th Cir.· 1990-11-26 ·cited 6×
  The court held that the district court erred in denying the defendant's motion to amend his answer to assert a forgery defense.
• Parker v. JOE Lujan Enters., Inc.
  848 F.2d 118· 9th Cir.· 1988-05-31 ·cited 6×
  The court held that the winch operator was a borrowed servant of the employer, barring the employee's negligence claim against the winch provider, and that the denial of leave to amend the complaint was within the trial court's discretion.
• United States v. Kerr
  778 F.2d 690· 11th Cir.· 1985-12-19 ·cited 6×
  The court held that the admission of extrinsic evidence, used to show motive, was unduly prejudicial and violated the defendant Kerr's right to a fair trial, warranting a new trial for him.
• United States v. Henry
  727 F.2d 1373· 5th Cir.· 1984-03-12 ·cited 6×
• Sandor Eduardo Guillen v. State
  189 So. 3d 1004· Fla. 3d DCA· 2016-04-13 ·cited 5×
  Sandor Guillen appeals his criminal convictions for DUI manslaughter, vehicular homicide, and leaving the scene of a fatal crash, challenging the trial court's denial of his motion for a continuance, denial of his motion to exclude an expert witness, and admission of photographs
• Brown v. Wallace
  957 F.2d 564· 8th Cir.· 1992-02-21 ·cited 4×
  The court held that the magistrate judge did not abuse discretion in denying the motion to amend the complaint and that the defendants were not personally liable for the plaintiff's alleged mistreatment.
• Darby v. Pasadena Police Dep't
  939 F.2d 311· 5th Cir.· 1991-08-23 ·cited 4×
  A municipal department lacks the capacity to be sued independently unless state law or the city charter explicitly grants it such authority; however, a plaintiff should be allowed to amend their complaint to name the correct entity if the defendant city had actual notice and suff
• United States v. Brookins
  919 F.2d 281· 5th Cir.· 1990-11-30 ·cited 4×
  The court held that the trial judge did not err in admitting evidence of prior bad acts and that the evidence was sufficient to support the conviction.
• Petchem, Inc. v. Fed. Mar. Comm'n & the United States
  853 F.2d 958· D.C. Cir.· 1988-08-09 ·cited 4×
  The court denied Petchem's petition for review, affirming the FMC's decision that the Port Authority's denial of a non-exclusive tugboat franchise to Petchem was justified.
• Deasy v. Hill
  833 F.2d 38· 4th Cir.· 1987-11-09 ·cited 4×
  The court held that the district court did not abuse its discretion in denying the plaintiff's motion to amend the complaint to add a claim for negligent performance of a pap smear, due to undue delay and prejudice to the defendant.
• Martin v. State
  797 So. 2d 6· Fla. 4th DCA· 2001-05-16 ·cited 3×
  Brandon Troy Martin was convicted of burglary of a dwelling. On appeal, Martin challenged the state's cross-examination questions about gang membership, but the court affirmed, finding the questions properly addressed witness bias and credibility.
• United States v. Grillo
  527 F.2d 1344· 5th Cir.· 1976-03-05 ·cited 3×
  The admission of a co-defendant's statement against the declarant, even if indirectly implicating others, does not violate Bruton if it is not directly inculpatory of the non-declarant appellants.
• Carlo Sedney v. State
  817 So. 2d 1074· Fla. 5th DCA· 2002-06-07 ·cited 2×
  Carlo Sedney was convicted of lewd conduct with a child and appealed, arguing the trial court erred in admitting letters he wrote to the victim containing sexual references. The appellate court affirmed the conviction, holding that the letters were properly admitted as evidence o
• Porter v. State
  736 So. 2d 716· Fla. 2d DCA· 1999-06-11 ·cited 2×
  Keith Porter appealed his aggravated battery conviction, challenging the trial court's denial of his motion for a continuance to allow time for mental health expert testimony on an insanity defense. The court reversed and remanded for a new trial, finding the trial court abused i
• Devers-Lopez v. State
  710 So. 2d 720· Fla. 4th DCA· 1998-05-13 ·cited 2×
  Maxine Devers-Lopez was convicted of driving under the influence after unknowingly ingesting Halcion. The Fourth District Court of Appeal reversed on two grounds: the trial court erred in denying a jury instruction on involuntary intoxication and improperly admitted urinalysis ev
• Weary v. State
  644 So. 2d 156· Fla. 4th DCA· 1994-10-26 ·cited 2×
  The court held that the trial court committed reversible error by denying the defense's request for a Richardson hearing and by admitting irrelevant and prejudicial testimony from a narcotics-trained canine.
• United States v. Walker
  993 F.2d 196· 9th Cir.· 1993-05-19 ·cited 2×
  The court held that the sentence enhancement for drug offenses near a protected location applies to any drug offense committed within 1,000 feet of a school, and that a notebook found with drugs and drug paraphernalia was admissible with a limiting instruction.
• Averbach v. Rival Mfg. Co.
  879 F.2d 1196· 3d Cir.· 1989-07-19 ·cited 2×
  The court held that there was a sufficient basis for the jury to infer reliance on the defendant's false interrogatory answers, reversing the judgment notwithstanding the verdict.
• United States v. Reb'll
  878 F.2d 298· 9th Cir.· 1989-06-26 ·cited 2×
  The court held that the defendant was sufficiently identified and that there was sufficient evidence of property loss exceeding $100, and the admission of videotapes was not plain error.
• Morris Jewelers, Inc. v. Gen. Elec. Credit Corp.
  714 F.2d 32· 5th Cir.· 1983-09-06 ·cited 2×
  The court held that hearsay statements from customers expressing anger were admissible under the Federal Rules of Evidence 803(3) to prove loss of goodwill, and their admission was not unduly prejudicial.
• Collins v. Fla. Towing Corp.
  262 So. 2d 459· Fla. 1st DCA· 1972-03-21 ·cited 2×
  The court held that evidence of the plaintiff's abandonment of his family was admissible to show his lack of concern, and that the jury's verdict regarding the deceased child's potential estate was not inadequate as a matter of law.
• Reynolds v. State
  346 So. 3d 1256· Fla. 1st DCA· 2022-08-10 ·cited 1×
  The appellate court affirmed a second-degree murder conviction, finding sufficient evidence of a "depraved mind" and upholding the admission of graphic photographs and arguments made during closing statements. The case involved a fatal stabbing at a gas station stemming from a di
• Johnson v. State
  68 So. 3d 366· Fla. 1st DCA· 2011-08-23 ·cited 1×
  Johnson was convicted of sale of a controlled substance based on identification testimony from a confidential informant and three law enforcement officers. The First District Court of Appeal reversed the conviction because the trial court erroneously admitted identification testi
• Ochacher v. State
  987 So. 2d 1241· Fla. 4th DCA· 2008-08-13 ·cited 1×
  Evidence that the defendant was driving with a suspended license, though irrelevant to DUI and presumptively harmful as collateral crime evidence, constitutes harmless error when overwhelming direct evidence of impairment—including officer observations, field sobriety test failur
• Frizzle v. State
  982 So. 2d 1292· Fla. 4th DCA· 2008-06-11 ·cited 1×
  Richard Frizzle was convicted of manslaughter in the death of his disabled wife after the trial court reduced a felony murder charge. The appellate court reversed and remanded for a new trial because the trial court erroneously admitted irrelevant and prejudicial testimony about