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

• Tivi AHO v. State
  393 So. 2d 30· Fla. 2d DCA· 1981-01-14 ·cited 12×
  Tivi Aho was convicted of four counts of involuntary sexual battery and one count of burglary with assault. On appeal, the court reversed and remanded for a new trial, finding that the trial court erred in admitting prejudicial hearsay testimony about the victim's suicidal ideati
• United States v. Gibbons
  602 F.2d 1044· 2d Cir.· 1979-06-25 ·cited 12×·via Prejudicial Impact
  The court held that the trial judge abused discretion by not inquiring into prospective jurors' specific neighborhoods of residence and that admitting evidence of subsequent cocaine possession was erroneous and harmful.
• United States ex rel. Leroy Hairston v. Warden, Ill. State Penitentiary, Stateville Corr. Ctr.
  597 F.2d 604· 7th Cir.· 1979-04-30 ·cited 12×·via Undue Prejudice
  The court held that the state trial court's pre-trial statement that alibi evidence would be excluded if the notice statute was not complied with, effectively denied the defendant his right to present an alibi defense, thus violating due process under Wardius v. Oregon.
• United States v. Tempesta
  587 F.2d 931· 8th Cir.· 1978-12-05 ·cited 12×·via Prejudicial Impact
  The court held that the defendant's conviction for filing false tax returns was supported by sufficient evidence and that various trial and post-trial rulings, including those concerning preindictment delay, admissibility of evidence, and jury instructions, did not constitute rev
• United States v. Lowe
  569 F.2d 1113· 10th Cir.· 1978-01-20 ·cited 12×
  The court held that the trial court did not err in denying motions for acquittal or mistrial, in allowing the mother to identify her child, or in refusing to allow the defendant to change counsel late in the trial.
• Charter v. William J. Chleborad, M.D.
  551 F.2d 246· 8th Cir.· 1977-03-22 ·cited 12×
  The court held that excluding evidence of a rebuttal witness's employment by the defendant's liability insurer was reversible error because it was admissible to show witness bias.
• United States v. Moody
  530 F.2d 809· 8th Cir.· 1976-03-01 ·cited 12×·via Prejudicial Impact
  The court held that the admission of other crimes evidence was not an abuse of discretion, but the district court erred in imposing a mandatory 25-year sentence under 18 U.S.C. § 2114.
• United States v. Surmondrea McGregor
  960 F.3d 1319· 11th Cir.· 2020-06-03 ·cited 11×
  The court held that the district court did not abuse its discretion in admitting evidence of a firearm found near PII, as it was relevant to establishing possession and its probative value was not substantially outweighed by unfair prejudice.
• Jones v. Alayon
  162 So. 3d 360· Fla. 4th DCA· 2015-04-08 ·cited 11×
  In this wrongful death action, the estate of Ryland Nye challenged the trial court's evidentiary rulings and denial of a directed verdict on a seatbelt comparative negligence defense. The Fourth District Court of Appeal affirmed the judgment, holding that the trial court properly
• Carlisle v. State
  137 So. 3d 479· Fla. 4th DCA· 2014-03-26 ·cited 11×
  Christopher Carlisle was convicted of sexual battery on a child based primarily on the victim's testimony and controlled phone calls. The Fourth District reversed because the trial court improperly excluded evidence that the victim had previously recanted similar allegations agai
• State v. Sandoval
  125 So. 3d 213· Fla. 4th DCA· 2013-02-06 ·cited 11×
  Florida's appellate court granted the state's petition for writ of certiorari, finding that the trial court improperly rejected the state's notice to introduce Williams rule evidence of prior child molestation incidents in two separate cases against the defendant. The court held
• Coconut Key Homeowners Ass'n v. Lexington Ins.
  649 F. Supp. 2d 1363· S.D. Fla.· 2009-08-28 ·cited 11×
  The court denied Lexington's motion for partial summary judgment, finding the inspection provision was a cooperation clause requiring substantial prejudice, which Lexington failed to demonstrate. The court also granted in part and denied in part Lexington's motion to strike Plain
• State v. Jaimes Antonio Pardo
  582 So. 2d 1225· Fla. 3d DCA· 1991-07-09 ·cited 11×
  The State petitioned for certiorari to quash an order excluding a child victim's hearsay statements, which qualified for the child victim hearsay exception, arguing they should not be excluded simply because the child could testify fully.
• Home Ins. Co. v. Owens
  573 So. 2d 343· Fla. 4th DCA· 1990-11-14 ·cited 11×
  Home Insurance Company appealed a jury verdict awarding bad faith damages and punitive damages to an insured who was injured in an automobile accident and denied coverage by his insurer. The Fourth District Court of Appeal affirmed, holding that evidence of the insurer's pleading
• Petree v. Power
  887 F.2d 34· 3d Cir.· 1989-10-06 ·cited 11×
  The court held that the district court abused its discretion by excluding evidence of a subsequent warning decal under Federal Rule of Evidence 403, as it was admissible for impeachment purposes under Federal Rule of Evidence 407's exception.
• Thompson-El v. Jones
  876 F.2d 66· 8th Cir.· 1989-06-01 ·cited 11×·via Undue Prejudice
  The court held that the trial court did not abuse its discretion in denying the appellant leave to file a second amended complaint, as the motion was untimely and would have caused undue delay and prejudice.
• Brown v. Royalty
  535 F.2d 1024· 8th Cir.· 1976-05-05 ·cited 11×
  The dissenting judge would affirm the district court's denial of a new trial, emphasizing deference to the trial judge's assessment of prejudice from improper testimony and conduct.
• Miller v. State
  379 So. 3d 1109· Fla.· 2024-02-29 ·cited 10×
  Everett Miller was convicted of the first-degree premeditated murders of two Kissimmee police officers and sentenced to death after a trial in which he did not dispute killing them but argued premeditation was lacking. The Florida Supreme Court affirmed his convictions and death
• Jones v. State
  212 So. 3d 321· Fla.· 2017-03-02 ·cited 10×
  Henry Lee Jones was convicted of the first-degree premeditated murder of Carlos Perez and sentenced to death. The Florida Supreme Court affirmed his conviction and sentence, holding that evidence of Jones's similar murders of two other victims was properly admitted to establish i
• Allen v. State
  192 So. 3d 554· Fla. 4th DCA· 2016-05-18 ·cited 10×
  Jason Allen was convicted of second-degree murder based largely on circumstantial evidence when the victim's body was never found. The Fourth District Court of Appeal reversed his conviction and ordered a new trial, holding that the trial court improperly admitted evidence of All
• OB/GYN Specialists OF THE Palm Beaches, P.A. v. Mejia
  134 So. 3d 1084· Fla. 4th DCA· 2014-01-08 ·cited 10×
  In this wrongful birth medical malpractice case, the court reversed a $2.5 million jury verdict and remanded for a new trial, holding that the trial court erred in excluding evidence and argument that Florida law prohibits third trimester abortions, which was directly relevant to
• 50 State Sec. Serv., Inc. v. Lili Carissa Giangrandi
  132 So. 3d 1128· Fla. 3d DCA· 2013-11-27 ·cited 10×·via Prejudicial Impact
  The estate of a murder victim brought a wrongful death action against a security company that failed to maintain adequate patrols in a gated community. The court affirmed denial of the security company's motion for new trial, holding that competent substantial evidence, including
• Atari Pierre Downs v. State
  65 So. 3d 594· Fla. 4th DCA· 2011-07-13 ·cited 10×
  Atari Downs appeals his conviction for aggravated battery with a firearm. The Fourth District Court of Appeal reverses because the trial court improperly admitted testimony about a gun found in the apartment that was unrelated to the crime and unconnected to Downs, violating evid
• State v. Mahmoud GAD
  27 So. 3d 768· Fla. 2d DCA· 2010-02-12 ·cited 10×
  The State appealed a trial court's order excluding three statements made by the defendant Mahmoud Gad to his wife during and after an incident involving allegations of attempted sexual battery and battery. The appellate court reversed, holding that the trial court abused its disc
• Seavey v. State
  8 So. 3d 1175· Fla. 2d DCA· 2009-04-15 ·cited 10×
  The court held that while collateral crimes evidence was admissible for relevancy, it was improperly featured at trial by the State's arguments.
• Alcantar v. State
  987 So. 2d 822· Fla. 2d DCA· 2008-08-15 ·cited 10×
  Armando Alcantar appeals his trafficking in cocaine conviction and five-year sentence. The appellate court reversed and remanded for a new trial because the trial court improperly admitted hearsay and prejudicial character evidence that buttressed a weak eyewitness identification
• Ford Motor Co. v. Hall-Edwards
  971 So. 2d 854· Fla. 3d DCA· 2007-11-07 ·cited 10×
  Ford Motor Company appeals a $60 million jury verdict in a product liability case arising from a rollover accident involving a 1996 Ford Explorer that killed passenger Lance Hall. The appellate court reversed and remanded, finding that the trial court abused its discretion by adm
• Foreman v. State
  965 So. 2d 1171· Fla. 2d DCA· 2007-08-15 ·cited 10×
  Ronald Wayne Foreman was convicted of capital sexual battery on a child based largely on the victim's testimony. The appellate court reversed and remanded for a new trial, finding that the trial court improperly admitted testimony from a witness about an allegedly lesser touching
• In & for Sussex Cnty.
  Del. Super. Ct.· 2003-09-24 ·cited 10×
  The court held that the charges arising from the two murders were properly joined and that the defendants failed to demonstrate sufficient prejudice to warrant severance. The court found that the offenses were of a similar character, connected by a common scheme or plan, and that
• Sosa-Valdez v. State
  785 So. 2d 633· Fla. 3d DCA· 2001-05-02 ·cited 10×
  Pedro Sosa-Valdez and Roberto Barrios were convicted of armed robbery, carjacking, kidnapping, and burglary. The Florida District Court of Appeal reversed their convictions because the lead detective improperly testified on rebuttal that the defendants were guilty by opining the
• State v. Yvetta Brown
  782 So. 2d 526· Fla. 1st DCA· 2001-04-12 ·cited 10×·via Prejudicial Impact
  The State of Florida sought certiorari review of a trial court order excluding a prosecution witness from testifying due to a discovery violation. The appellate court held that the trial court failed to conduct a proper Richardson hearing and departed from the essential requireme
• Dannebrog Rederi AS v. M/Y True Dream
  146 F. Supp. 2d 1307· S.D. Fla.· 2001-02-28 ·cited 10×·via Undue Prejudice
  The court denied Underwriters' motion for leave to amend their complaint to add Rule B allegations, finding that granting the amendment would unduly prejudice Ashlar and potential buyers.
• State Farm Mut. Auto. Ins. Co. v. Gordon
  712 So. 2d 1138· Fla. 3d DCA· 1998-06-10 ·cited 10×·via Prejudicial Impact
  State Farm appeals a $3.131 million judgment in favor of its insureds, Andrew Gordon and Victoria Simons, arising from an uninsured motorist claim. The appeal challenges jury selection and evidentiary rulings, particularly the exclusion of evidence regarding Gordon's substantial
• Marchina v. State
  702 So. 2d 1369· Fla. 1st DCA· 1997-12-30 ·cited 10×
  James Marchina was convicted of sexual battery on a young boy, but the Florida District Court of Appeal reversed because the prosecution improperly elicited testimony about other pending charges involving "little girls," which was inflammatory character evidence that violated the
• Collier v. State
  681 So. 2d 856· Fla. 5th DCA· 1996-10-18 ·cited 10×
  Leroy Collier was convicted of aggravated battery and attempted false imprisonment after stabbing his girlfriend and chasing her into a tavern. On appeal, he challenged the trial court's admission of a statement about his prior incarceration and cross-examination regarding a rece
• Denmark v. State
  646 So. 2d 754· Fla. 2d DCA· 1994-10-12 ·cited 10×
  Four defendants were convicted of premeditated first-degree murder for a drive-by shooting. The appellate court reversed and remanded for new trials, finding that the trial court erroneously admitted evidence of violent criminal incidents committed by third parties in the days be
• United States v. Garcia
  983 F.2d 1160· 1st Cir.· 1993-02-04 ·cited 10×
  The court held that the evidence was sufficient to support the convictions, the district judge did not err in vacating the magistrate's order compelling the informant's attendance, and the judge did not err in refusing to suppress evidence or statements.
• Morowitz v. Vistaview Apts., Ltd.
  613 So. 2d 493· Fla. 3d DCA· 1993-01-05 ·cited 10×
  The appellate court reversed a jury verdict for the defendant in a slip and fall case, finding that the trial court erred in admitting the plaintiff's psychiatrist's deposition testimony.
• United States v. Guerrero
  938 F.2d 725· 7th Cir.· 1991-07-25 ·cited 10×·via Undue Prejudice
  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.
• Seidman v. Am. Airlines, Inc.
  923 F.2d 1134· 5th Cir.· 1991-02-15 ·cited 10×
  The court held that the district court did not err in denying the motion for judgment notwithstanding the verdict, but it did err in not reducing the damage award sufficiently, requiring a further remittitur.
• Selver v. State
  568 So. 2d 1331· Fla. 4th DCA· 1990-10-31 ·cited 10×
  Selver was convicted of first-degree murder in the killing of Clinton Gibbs during a drug deal gone wrong. The Fourth District reversed and remanded for a new trial, finding that the trial court erred in admitting collateral crime evidence regarding the defendant's prior drug dea
• United States v. Miller
  883 F.2d 1540· 11th Cir.· 1989-09-25 ·cited 10×·via Undue Prejudice
  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.
• Vincent v. Louis Marx & Co., Inc.
  874 F.2d 36· 1st Cir.· 1989-05-03 ·cited 10×
  The court held that the district court erred by admitting a prior inconsistent pleading without exercising its discretion under Fed.R.Evid. 403 to balance probative value against prejudice, and that this error was not harmless. The court also held that the exclusion of the settle
• United States v. Ahmad Afjehei
  869 F.2d 670· 2d Cir.· 1989-03-03 ·cited 10×
  The court held that evidence of the defendant's prior international trips was improperly admitted under Federal Rule of Evidence 404(b) because it was not sufficiently similar to the charged offense to prove knowledge and was unduly prejudicial.
• Donald v. Sheriff Wilson
  847 F.2d 1191· 6th Cir.· 1988-05-16 ·cited 10×
  Federal Rule of Evidence 403 cannot be used to limit the introduction of past criminal convictions for impeachment purposes in a civil trial, as Rule 609 exclusively governs this issue.
• United States v. DeVORE
  839 F.2d 1330· 8th Cir.· 1988-02-26 ·cited 10×
  The court held that the prosecutor's comments on the defendant's inconsistent alibis were permissible as they attacked the inconsistency rather than silence, and that the district court did not abuse its discretion in admitting evidence of past crimes or in its handling of a co-d
• Romine v. Parman
  831 F.2d 944· 10th Cir.· 1987-10-26 ·cited 10×
  The court held that the district court did not abuse its discretion in admitting evidence of the driver drinking beer and paying a traffic fine, as the probative value was not substantially outweighed by unfair prejudice.
• United States v. Taggatz
  831 F.2d 1355· 7th Cir.· 1987-10-07 ·cited 10×
  The court held that the trial court did not abuse its discretion in admitting evidence of a prior similar scheme, that the jury instructions and verdict were proper, and that the sentence imposed was not excessive.
• United States v. Ferreira
  821 F.2d 1· 1st Cir.· 1987-06-03 ·cited 10×·via Prejudicial Impact
  The court held that the stop and frisk of the defendant was constitutionally permissible, but the admission of evidence of firearms seized from the defendant was an abuse of discretion because the weapons were irrelevant to the unarmed bank robbery charge and unfairly prejudicial
• United States v. Henthorn
  815 F.2d 304· 5th Cir.· 1987-04-14 ·cited 10×
  The court held that the government's use of a paid informant did not violate due process, and the admission of extrinsic offense evidence against one defendant was proper and did not warrant severance for the other. The limitations on voir dire were also upheld.