Unfair Prejudice

888 Florida cases classified under this topic, plus 386 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• United States v. Levy
  955 F.2d 1098· 7th Cir.· 1992-01-30 ·cited 16×
  The court held that the district court did not err in admitting evidence of a prior attempted drug transaction under Rule 404(b), in denying the defendant's motion to suppress statements made during a non-custodial interrogation, and in imposing an enhanced sentence.
• McEWEN v. The City OF Norman
  926 F.2d 1539· 10th Cir.· 1991-03-01 ·cited 16×
  The court held that the plaintiff failed to preserve most issues for appeal due to lack of contemporaneous objections at trial, and that the admitted evidence and jury instructions did not constitute plain error.
• Oather Jefferson Samples v. City OF Atlanta
  916 F.2d 1548· 11th Cir.· 1990-11-13 ·cited 16×·via Prejudicial Impact
  The court held that the district court did not err in its jury instructions or in admitting certain expert testimony and evidence regarding criminal records.
• United States v. Blackwood
  913 F.2d 139· 4th Cir.· 1990-09-04 ·cited 16×
  The court held that the district court erred in imposing a mandatory life sentence based on two prior convictions arising from a single criminal episode, and affirmed the conviction based on sufficient probable cause for the search warrant.
• United States v. Nolan
  910 F.2d 1553· 7th Cir.· 1990-08-24 ·cited 16×
  The court agrees with the majority's analysis but suggests further scrutiny of the admission of "bad acts" testimony.
• United States v. Williams
  900 F.2d 823· 5th Cir.· 1990-05-10 ·cited 16×·via Undue Prejudice
  The court held that extrinsic evidence of prior similar mailings is admissible under Federal Rule of Evidence 404(b) to prove knowledge and intent, provided it passes the Beechum test and is accompanied by proper jury instructions.
• United States v. Mazzanti
  888 F.2d 1165· 7th Cir.· 1989-11-01 ·cited 16×·via Undue Prejudice
  The court held that the trial court did not err in excluding evidence of a motorcycle gang, admitting rebuttal testimony regarding prior drug discussions, denying a severance motion, or refusing a multiple conspiracy instruction.
• United States v. Oppon
  863 F.2d 141· 1st Cir.· 1988-12-13 ·cited 16×
  The court held that 'other acts' evidence is admissible under Rule 404(b) even when the defense is a general denial, and that allowing a juror to take notes during trial was not an abuse of discretion.
• United States v. Leight
  818 F.2d 1297· 7th Cir.· 1987-05-05 ·cited 16×
  The court held that "similar act" evidence of prior abuse of other children was admissible under Federal Rule of Evidence 404(b) to show absence of accident, that copies of a destroyed X-ray were admissible, and that sufficient evidence supported the jury's finding that the murde
• United States v. Laurence John Layton
  767 F.2d 549· 9th Cir.· 1985-07-29 ·cited 16×
  The court held that the district court did not abuse its discretion in excluding the 'Last Hour Tape' under Federal Rule of Evidence 403, as its probative value was substantially outweighed by its potential for unfair prejudice and confusion of the issues.
• Theriot v. J. RAY McDERMOTT & Co., Inc.
  742 F.2d 877· 5th Cir.· 1984-10-01 ·cited 16×·via Undue Prejudice
  The court affirmed the jury's finding of negligence but remanded for recalculation of damages based on current precedent.
• United States v. Bi-Co Pavers, Inc.
  741 F.2d 730· 5th Cir.· 1984-09-04 ·cited 16×·via Undue Prejudice
  The court held that the trial court did not err in its rulings regarding jury instructions, evidence admission, or sufficiency of evidence, and that the defendant's arguments for a new trial based on newly discovered evidence or Brady violations were without merit.
• United States v. Chaim Levy
  731 F.2d 997· 2d Cir.· 1984-01-31 ·cited 16×·via Prejudicial Impact
  The court held that a search incident to a lawful arrest is permissible, even if the arrest warrant was not obtained despite ample opportunity. However, evidence of a prior, distinct drug transaction, even if related, must be analyzed under Federal Rules of Evidence 404(b) and 40
• United States v. Hilton Robinson
  687 F.2d 359· 11th Cir.· 1982-09-30 ·cited 16×·via Undue Prejudice
  The court held that the evidence was sufficient to establish the statutory minimum value of the stolen goods and that the admission of evidence of other crimes and the judge's conduct did not constitute reversible error.
• United States v. Hernandez
  646 F.2d 970· 5th Cir.· 1981-06-01 ·cited 16×·via Danger Of Unfair Prejudice
  The dissenting judge believes the suppressed evidence was improperly admitted because the prosecutor's cross-examination exceeded its permissible scope, forcing the defendant to testify about unrelated matters.
• United States v. Krezdorn
  639 F.2d 1327· 5th Cir.· 1981-03-19 ·cited 16×·via Undue Prejudice
  The admission of thirty-two additional forgeries not charged in the indictment, offered to show a plan or scheme, constituted reversible error because they did not establish a larger goal and merely demonstrated propensity, thus violating Federal Rule of Evidence 404(b).
• United States v. Hooper
  596 F.2d 219· 7th Cir.· 1979-04-04 ·cited 16×
  The court held that admitting evidence of the defendant's payment to the UW-M was reversible error.
• United States v. Goehring
  585 F.2d 371· 8th Cir.· 1978-10-18 ·cited 16×
  The court held that evidence of other crimes was admissible and that newly discovered evidence did not warrant a new trial.
• United States v. Turner
  565 F.2d 539· 8th Cir.· 1977-11-17 ·cited 16×·via Undue Prejudice
  The court held that the defendant's voluntary statement to an agent was admissible and that the trial court did not err in admitting it.
• United States v. Stover
  565 F.2d 1010· 8th Cir.· 1977-11-10 ·cited 16×
  The court held that the trial court did not err in admitting fingerprint evidence obtained independently of an allegedly unlawful arrest, nor in admitting evidence of the defendant's escape, and that the jury instructions and sentence modification were proper.
• United States v. Gornick
  448 F.2d 566· 7th Cir.· 1971-06-09 ·cited 16×
  The court held that the district court did not err in denying the defendant's pre-trial motion to suppress a twelve-year-old conviction for impeachment purposes.
• State v. Walker
  332 So. 3d 1116· Fla. 1st DCA· 2023-06-07 ·cited 15×
  The Florida Supreme Court denied a prosecutor's petition for a writ of certiorari seeking to overturn a trial court's order excluding evidence of the victim's injuries. The court found that while the order might have been a departure from the essential requirements of law, it did
• Horwitz v. State
  189 So. 3d 800· Fla. 4th DCA· 2015-02-18 ·cited 15×
  Donna Horwitz was convicted of first-degree murder in the shooting death of her former husband. The Fourth District Court of Appeal reversed her conviction, holding that the trial court erred in admitting evidence of her pre-arrest, pre-Miranda silence where she did not testify a
• Jomolla v. State
  990 So. 2d 1234· Fla. 3d DCA· 2008-09-24 ·cited 15×
  Angel Jomolla appeals his conviction for battery evidencing racial prejudice, challenging the jury instructions, admission of evidence regarding racial slurs, the constitutionality of Florida's hate crime sentencing statute, and the adequacy of the Miranda form used. The appellat
• Etavius Carlyle v. State
  945 So. 2d 540· Fla. 2d DCA· 2006-11-29 ·cited 15×
  Etavius Carlyle appeals his convictions for attempted second-degree murder and four counts of sexual battery with a deadly weapon or force causing injury. The appellate court affirmed his convictions, rejecting his arguments that three sexual battery counts should have been dismi
• Billie v. State
  863 So. 2d 323· Fla. 3d DCA· 2003-07-30 ·cited 15×
  Kirk Douglas Billie, a Miccosukee Indian, was convicted of two counts of Second Degree Murder for driving a vehicle containing his two sleeping children into a canal. The appellate court reversed and remanded for a new trial, finding that the trial court improperly admitted Willi
• Fla. Power & Light Co. v. Goldberg
  856 So. 2d 1011· Fla. 3d DCA· 2002-05-22 ·cited 15×
  Florida Power & Light Company appeals a wrongful death judgment for $37.4 million awarded after its employee negligently disabled a traffic signal during emergency repairs, causing a fatal multi-vehicle collision. The appellate court affirmed liability but remitted the damages to
• State v. Zenobia
  614 So. 2d 1139· Fla. 4th DCA· 1993-02-11 ·cited 15×
  Florida appeals a trial judge's pretrial ruling excluding other crimes evidence under Florida Statute § 90.404(1)(a). The appellate court denies the state's petition for certiorari, holding that pretrial evidentiary rulings are tentative and that courts should be reluctant to rev
• United States v. Solis
  923 F.2d 548· 7th Cir.· 1991-01-25 ·cited 15×
  The court held that it lacked jurisdiction to review the district court's refusal to depart from the sentencing guidelines range, and affirmed the conviction in all other respects.
• United States v. Simpson
  910 F.2d 154· 4th Cir.· 1990-08-07 ·cited 15×
  The court held that the admission of drug courier profile testimony was an abuse of discretion and not harmless error, requiring reversal of the convictions.
• United States v. Mount
  896 F.2d 612· 1st Cir.· 1990-02-20 ·cited 15×
  The court held that the evidence was sufficient to sustain the conviction for transporting stolen documents, and that the denial of funds for foreign witnesses was not an abuse of discretion.
• Parkansky v. OLD KEY Largo, Inc.
  546 So. 2d 1143· Fla. 3d DCA· 1989-07-25 ·cited 15×
  The court reversed a jury verdict for an insurance company, finding that the insurer's counsel improperly prejudiced the jury by suggesting the insured was involved in drug trafficking. This prejudice likely impacted the close case, warranting a new trial.
• United States v. Shriver
  842 F.2d 968· 7th Cir.· 1988-03-29 ·cited 15×
  The court held that the district court did not err in admitting testimony regarding the defendant's business dealings, that there was sufficient evidence to convict on two counts, and that the determination of materiality of false statements under 18 U.S.C. § 1014 is a question o
• United States v. Rodriguez-Pando
  841 F.2d 1014· 10th Cir.· 1988-02-26 ·cited 15×·via Prejudicial Impact
  The court held that the trial court abused its discretion by excluding a statement offered to show the defendant's state of mind, as it was not hearsay when offered for that purpose.
• United States v. Bramble
  641 F.2d 681· 9th Cir.· 1981-03-09 ·cited 15×
  The court held that admitting evidence of a prior marijuana possession conviction was error because it was not similar enough to the cocaine distribution charge to prove predisposition, and the trial court failed to conduct a Rule 403 balancing test. However, the court found that
• Whisby v. State
  262 So. 3d 228· Fla. 1st DCA· 2018-12-18 ·cited 14×
  Whisby was convicted of armed kidnapping with intent to commit sexual battery and three counts of sexual battery against S.C. The trial court admitted evidence of a prior sexual battery committed by Whisby against W.W. less than twenty-four hours before the charged crimes. On app
• Cole v. State
  36 So. 3d 597· Fla.· 2010-03-11 ·cited 14×
  Tiffany Cole was convicted of two counts of first-degree murder, kidnapping, and robbery for her role in the 2005 murders of James and Carol Sumner. She was sentenced to death for each murder. The Florida Supreme Court affirmed her convictions and death sentences, finding substan
• Rath v. State
  627 So. 2d 24· Fla. 5th DCA· 1993-10-22 ·cited 14×·via Undue Prejudice
  David Rath appeals his DUI manslaughter and vehicular homicide convictions, contending the trial court erred by admitting expert testimony on retrograde extrapolation without first conducting a Richardson inquiry into the state's discovery violation. The appellate court agreed, f
• State v. Richardson
  621 So. 2d 752· Fla. 5th DCA· 1993-07-02 ·cited 14×·via Prejudicial Impact
  The State of Florida appealed a trial court order denying admission of evidence regarding other crimes committed by defendant Richardson and admissions he made. The appellate court affirmed in part, reversed in part, and remanded, holding that evidence of a prior murder could be
• United States v. Schweihs
  971 F.2d 1302· 7th Cir.· 1992-08-06 ·cited 14×
  The court held that the admission of prior bad acts evidence under Rule 404(b) was not an abuse of discretion, and the district court properly considered the probative value against prejudice when deciding on redaction of offensive language. The court also found no abuse of discr
• United States v. Robinson
  956 F.2d 1388· 7th Cir.· 1992-02-27 ·cited 14×
  The court held that the evidence was sufficient to support a finding of a single conspiracy and that the district court did not err in admitting co-conspirator statements, jury instructions, tape recordings, transcripts, or evidence of prior marijuana conspiracy and imprisonment.
• Seabron Sherrod v. State
  582 So. 2d 814· Fla. 4th DCA· 1991-07-24 ·cited 14×·via Undue Prejudice
  The trial court abused its discretion in denying motions for mistrial based on improper comments about the location of arrest being a high crime area.
• United States v. Desmarais
  938 F.2d 347· 1st Cir.· 1991-07-17 ·cited 14×
  The court affirmed the conviction and forfeiture, holding that the trial court did not err in bifurcating the trials, admitting evidence of a prior suspicious package, denying motions for acquittal, or in its jury instructions regarding forfeiture.
• United States v. Martinez
  938 F.2d 1078· 10th Cir.· 1991-07-08 ·cited 14×
  The court held that the district judge did not abuse her discretion in admitting evidence of firearms, large sums of cash, and illegal drugs seized from a residence and the defendant's person, as these items were probative of the defendant's involvement in drug trafficking.
• United States v. Isidro Moreno (90-5832)
  933 F.2d 362· 6th Cir.· 1991-05-09 ·cited 14×
  The court held that the district court did not abuse its discretion in denying motions for mistrial based on jury exposure to defendants' custodial status, nor in denying motions for severance or continuance, and that the government could cross-examine a defendant on prior incons
• Newberry Square Dev. Corp. v. S. Landmark, Inc.
  578 So. 2d 750· Fla. 1st DCA· 1991-03-29 ·cited 14×
  In a construction contract dispute, the court affirmed a damages award to Southern Landmark despite a 'no damage for delay' clause, finding evidence of active interference and knowing delay by Newberry Square. However, the court reversed the portion of the award attributable to s
• Amendola v. Bayer
  907 F.2d 760· 7th Cir.· 1990-07-24 ·cited 14×·via Undue Prejudice
  The court held that the district court did not err in granting summary judgment for the defendant on claims of breach of oral agreement and breach of fiduciary duty, nor in denying the plaintiff leave to amend his complaint.
• Danzy v. State
  553 So. 2d 380· Fla. 1st DCA· 1989-12-11 ·cited 14×
  Robert Lee Danzy was convicted of sexual battery and appealed, contesting the admission of hearsay statements regarding the victim's sexual assault and the denial of his motion for judgment of acquittal. The appellate court affirmed the conviction, finding the victim's statements
• United States v. McCray Johnson
  857 F.2d 500· 8th Cir.· 1988-09-21 ·cited 14×
  The court held that the district court did not err in admitting evidence of a bulletproof vest or in its jury instructions regarding constructive possession, intent, and motive.
• United States v. Fernandez
  829 F.2d 363· 2d Cir.· 1987-09-24 ·cited 14×·via Prejudicial Impact
  The court held that the admission of a cooperation agreement, even if erroneous, was harmless error, and that the trial in absentia and admission of a firearm were proper.