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

• Roby v. Kingsley
  492 So. 2d 789· Fla. 1st DCA· 1986-08-07 ·cited 10×
  The court held that the trial court erred by refusing to instruct the jury on concurring cause and by limiting expert testimony, and that evidence of a prior homosexual relationship was inadmissible.
• Corrine Nicholas v. Homelite Corp.
  780 F.2d 1150· 5th Cir.· 1986-01-15 ·cited 10×
  Louisiana law requires application of comparative fault to reduce a damage award in a products liability case when the consumer's negligent use of a defective product incentivizes careful future use and does not drastically reduce the manufacturer's incentive to produce safer pro
• Murphy v. The Cincinnati Ins. Co.
  772 F.2d 273· 6th Cir.· 1985-09-16 ·cited 10×
  The court held that attorney fees are recoverable damages for an insurer's breach of its implied contractual duty to act in good faith in investigating and paying a claim, and that testimony regarding an insured's willingness to submit to a polygraph examination is admissible if
• United States v. McDOWELL
  762 F.2d 1072· D.C. Cir.· 1985-05-31 ·cited 10×
  The court held that a bulletproof vest found in a drug dealer's apartment was admissible evidence to show intent to distribute, as its probative value was not substantially outweighed by the danger of unfair prejudice.
• United States v. Johnson
  697 F.2d 735· 6th Cir.· 1983-01-14 ·cited 10×·via Prejudicial Impact
  The court held that the admission of prior act evidence was permissible under Federal Rule of Evidence 404(b) to prove intent, and that the trial judge did not abuse discretion in balancing probative value against prejudice. However, the collateral estoppel issue required further
• Byrd v. Heinrich Schmidt Reederei
  688 F.2d 324· 5th Cir.· 1982-09-22 ·cited 10×
• United States v. J. A. "Bob" Wilkes
  685 F.2d 135· 5th Cir.· 1982-08-24 ·cited 10×·via Undue Prejudice
  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.
• Gov't OF the Virgin Islands v. Felix
  569 F.2d 1274· 3d Cir.· 1978-01-27 ·cited 10×
  The court held that the trial court did not abuse its discretion in its voir dire, evidentiary rulings, or denial of psychiatric examinations, and that sufficient evidence supported the murder conviction.
• Smith v. United States
  224 F.2d 58· 5th Cir.· 1955-06-30 ·cited 10×·via Undue Prejudice
  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.
• Fuller v. State
  257 So. 3d 521· Fla. 5th DCA· 2018-09-28 ·cited 9×
  Bruce Fuller was convicted of manslaughter with a firearm after admittedly shooting Furrukh Alam in self-defense. The Florida District Court of Appeal, Fifth District reversed and remanded for a new trial, holding that Fuller was entitled to a new trial due to the cumulative and
• Anderson v. State
  229 So. 3d 383· Fla. 4th DCA· 2017-10-18 ·cited 9×·via Prejudicial Impact
  Mark Gordon Anderson was convicted of lewd or lascivious molestation of a child and sentenced to 25 years in prison plus life sex offender probation. The appellate court affirmed the conviction but reversed the sentencing order regarding an improperly imposed lump-sum cost assess
• Ring Power Corp. v. Condado-Perez
  219 So. 3d 1028· Fla. 2d DCA· 2017-06-21 ·cited 9×
  Ring Power Corporation and related defendants appealed a negligence judgment arising from a motor vehicle accident, challenging the trial court's exclusion of an admission statement made by plaintiff Condado-Perez to a paramedic at the accident scene. The appellate court agreed t
• Ioannis Alexopoulos
  2006 WL 3026236· Del. Super. Ct.· 2016-04-22 ·cited 9×
  The Court affirmed the judgment of conviction for Driving Under the Influence (DUI) and dismissed the appeal of the improper lane change conviction. The Court held that the trial court did not abuse its discretion in denying the appellant's motion for a mistrial after a witness m
• Thompson v. State
  76 So. 3d 1050· Fla. 1st DCA· 2011-12-20 ·cited 9×
  Thompson was convicted of manslaughter, attempted second degree murder, firearm possession by a felon, and shooting into an occupied dwelling following a shooting that killed Steven Weed and injured Lizia Hardy-Batt. The appellate court reversed and remanded for a new trial, find
• United Auto. Ins. Co. v. The Est. OF Stephen D. Levine
  87 So. 3d 782· Fla. 3d DCA· 2011-03-30 ·cited 9×·via Prejudicial Impact
  United Auto Insurance Company appeals a jury verdict finding it acted in bad faith in handling a personal injury protection claim following a fatal two-car collision. The Third District Court of Appeal affirmed the trial court's judgment, rejecting the insurer's arguments regardi
• Lelieve v. State
  7 So. 3d 624· Fla. 3d DCA· 2009-04-15 ·cited 9×·via Undue Prejudice
  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
• Pratt v. State
  1 So. 3d 1169· Fla. 4th DCA· 2009-01-28 ·cited 9×
  The court held that the trial court erred in admitting prior bad acts evidence because it only demonstrated propensity and was not relevant to any contested issue.
• Darion Conner v. State
  987 So. 2d 130· Fla. 2d DCA· 2008-07-11 ·cited 9×·via Prejudicial Impact
  Darion Conner appeals his DUI manslaughter conviction, challenging the admission of a graphic photograph of the victim's body and opinion testimony from a police DUI investigator. The appellate court reverses and remands for a new trial based solely on the improper admission of t
• Armalin v. State
  884 So. 2d 458· Fla. 4th DCA· 2004-10-06 ·cited 9×
  The court held that the admission of testimony regarding general drug dealer behavior, while potentially inadmissible, constituted harmless error given the overwhelming evidence of the defendant's guilt.
• Armesto v. Fla. State Univ. Coll. of Law Dean Donald Weidner
  615 So. 2d 707· Fla. 3d DCA· 1992-12-15 ·cited 9×
  Rosa Armesto, a law student at Florida State University College of Law, appealed her suspension for cheating on a final examination. The court affirmed the hearing panel's finding that she cheated, holding that FSU followed all applicable procedural rules and that substantial evi
• Jensen v. State
  555 So. 2d 414· Fla. 1st DCA· 1989-12-15 ·cited 9×·via Prejudicial Impact
  Craig Donald Jensen appealed his conviction for attempted burglary of a dwelling and criminal mischief, challenging the admission of evidence regarding eight prior burglaries of the same victim's home under the Williams rule and his classification as a habitual offender. The Flor
• United States v. Sublet
  644 F.2d 737· 8th Cir.· 1981-03-25 ·cited 9×
  The court held that the district court did not abuse its discretion in denying the motion for a mistrial based on a juror's overhearing a spectator's comment, nor was there a Sixth Amendment violation regarding the lineup, and the evidence was sufficient to support the conviction
• Ellis v. Capps
  500 F.2d 225· 5th Cir.· 1974-09-13 ·cited 9×
  The court held that admitting the inmate's extensive institutional record was reversible error due to its highly prejudicial nature outweighing its minimal probative value.
• Herard v. State
  390 So. 3d 610· Fla.· 2024-07-03 ·cited 8×·via Undue Prejudice
  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
• Hogle v. State
  250 So. 3d 178· Fla. 1st DCA· 2018-06-18 ·cited 8×
  Jon Hogle was convicted of lewd or lascivious exhibition after exposing himself to a thirteen-year-old girl on a beach. He appealed challenging the admission of evidence regarding his post-incident conduct, arguing prosecutorial misconduct during closing statements, and contestin
• Swanson v. Robles
  128 So. 3d 915· Fla. 2d DCA· 2013-12-20 ·cited 8×
  In a wrongful death case arising from a vehicular collision, the trial court erroneously admitted evidence of the defendant's drug use during the compensatory damages phase of trial, even though the defendant had admitted full liability for both compensatory and punitive damages.
• Corbett v. State
  113 So. 3d 965· Fla. 2d DCA· 2013-02-27 ·cited 8×·via Undue Prejudice
  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
• Markinsey Metayer v. State
  89 So. 3d 1003· Fla. 4th DCA· 2012-05-23 ·cited 8×
  Markinsey Metayer was convicted of first-degree murder in a triple shooting that killed Adam Jacobs and wounded two others. The appellate court reversed his conviction because the trial court abused its discretion in admitting evidence of a .40 caliber pistol and .45 caliber ammu
• Pharaoh Nshaka v. State
  92 So. 3d 843· Fla. 4th DCA· 2012-03-21 ·cited 8×
  Pharaoh Nshaka appealed his burglary conviction from three consolidated cases, challenging various trial rulings including jury instructions, evidentiary admissions, and suppression denials. The Fourth District Court of Appeal affirmed the trial court's denial of motions for judg
• Munroe v. State
  983 So. 2d 637· Fla. 4th DCA· 2008-05-14 ·cited 8×
  Joyce Munroe appealed her conviction for trafficking in over 400 grams of cocaine, challenging prosecutorial comments about her silence when cocaine was discovered in her bag at the airport. The Fourth District Court of Appeal reversed and remanded for a new trial, finding that t
• Coverdale v. State
  940 So. 2d 558· Fla. 2d DCA· 2006-10-27 ·cited 8×·via Undue Prejudice
  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
• Wyon Dale Childers v. State
  936 So. 2d 619· Fla. 1st DCA· 2006-06-28 ·cited 8×
  Childers sought certification to challenge the procedural regularity of the Florida First District Court of Appeal's decision to convert a three-judge panel decision (which would have reversed his conviction) into an en banc decision (which affirmed his conviction). The court den
• Curry v. State
  839 So. 2d 887· Fla. 3d DCA· 2003-03-12 ·cited 8×
  Robert Eugene Curry was convicted of sexual battery on a minor based partly on testimony about a news report of his arrest for unrelated sexual conduct with high school students, which allegedly prompted the victim to disclose the decades-old abuse. The appellate court reversed,
• Williams v. State
  834 So. 2d 923· Fla. 3d DCA· 2003-01-15 ·cited 8×·via Undue Prejudice
  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
• Milburn v. State
  742 So. 2d 362· Fla. 2d DCA· 1999-08-18 ·cited 8×
  Michael Milburn was convicted of first-degree murder and attempted first-degree murder in the stabbing death of Anna Carter and attack on her daughter. The Florida appellate court reversed his first-degree murder conviction due to prosecutorial errors in closing argument regardin
• Nichols v. Benton
  718 So. 2d 925· Fla. 1st DCA· 1998-10-05 ·cited 8×
  In this negligence action, a plaintiff struck by a vehicle sought damages for injuries including closed head injury and seizures. The appellate court reversed a jury verdict for defendants and remanded for a new trial, finding the trial court improperly admitted evidence of the p
• Smith v. State
  674 So. 2d 791· Fla. 5th DCA· 1996-05-03 ·cited 8×
  Raymond Smith, Jr., a police officer, was convicted of lewd or lascivious assault on a 14-year-old child based primarily on the child's testimony. The appellate court reversed and remanded for a new trial, finding that the trial court improperly admitted testimony from the child'
• Gonnie Griner v. State
  662 So. 2d 758· Fla. 4th DCA· 1995-11-15 ·cited 8×·via Danger Of Unfair Prejudice
  The court held that evidence of a prior, separate criminal incident was inadmissible in the trial for a subsequent incident, as the crimes were not sufficiently distinctive or inextricably intertwined.
• State v. O'Brien
  633 So. 2d 96· Fla. 5th DCA· 1994-03-02 ·cited 8×
  The State sought certiorari review of in limine orders excluding evidence that the defendant sexually abused three other children, similar to the charged offenses of sexually battering two children. The Florida appellate court affirmed the trial court's exclusion, holding that th
• Porter v. Vista Bldg. Maint. Servs., Inc.
  630 So. 2d 205· Fla. 3d DCA· 1993-12-14 ·cited 8×
  In this slip-and-fall personal injury case, the court held that the trial court erred in admitting evidence of the plaintiff's prior alcohol abuse where it was undisputed that he was sober at the time of the incident. The court reversed and remanded for a new trial, finding that
• United States v. Easter
  981 F.2d 1549· 10th Cir.· 1992-12-10 ·cited 8×
  The court should remand for a hearing on the defendant's claim that the government withheld a sentence reduction motion in retaliation for exercising his right to a jury trial.
• United States v. Torres
  977 F.2d 321· 7th Cir.· 1992-10-08 ·cited 8×
  The court held that the district court did not abuse its discretion in admitting evidence of prior bad acts to prove intent and that the government met its burden of proof for the upward sentencing departure.
• United States v. Hartsfield
  976 F.2d 1349· 10th Cir.· 1992-10-07 ·cited 8×
  The court held that the trial court did not abuse its discretion in admitting evidence of gang membership and prior drug dealings, denying motions for mistrial, and utilizing mass jury selection, and that sufficient evidence supported the conspiracy conviction.
• Gov't of the Virgin Islands v. Pinney
  967 F.2d 912· 3d Cir.· 1992-06-22 ·cited 8×
  The appellate court reversed the conviction, holding that the admission of the sister's testimony about a prior alleged rape by the defendant was improper under Federal Rules of Evidence 404(b) and 403. The court found that while the testimony might have been admissible to show i
• Perrian v. O'Grady
  958 F.2d 192· 7th Cir.· 1992-03-19 ·cited 8×·via Undue Prejudice
  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.
• United States v. Stevenson
  942 F.2d 1111· 7th Cir.· 1991-08-30 ·cited 8×
  The court held that the evidence was sufficient to support a single conspiracy conviction for Gary Stevenson and that the evidentiary rulings and sentences for Gary Stevenson, Barry Stevenson, and Ronald Vesper were not abuses of discretion.
• Norstrom v. State
  587 So. 2d 1148· Fla. 4th DCA· 1991-08-07 ·cited 8×
  Eric Norstrom's conviction for vehicular homicide, culpable negligence, and reckless driving was reversed because his post-accident statement to police was improperly admitted at trial. Although Miranda warnings were given, the statement fell within the statutory privilege of Flo
• United States v. McMAHON
  938 F.2d 1501· 1st Cir.· 1991-07-29 ·cited 8×
  The court held that the district court's denial of access to grand jury testimony was harmless error, and that the admission of evidence regarding the defendant's financial condition and the contents of a note was proper.
• United States v. Ferguson
  935 F.2d 1518· 7th Cir.· 1991-07-08 ·cited 8×
  The court held that the encounter with the defendant was consensual and that there was reasonable suspicion to detain his luggage for a canine sniff, thus the motion to suppress was properly denied. The evidence was also sufficient to support the conviction.
• United States v. Bradshaw
  935 F.2d 295· D.C. Cir.· 1991-06-07 ·cited 8×
  The court held that the district court erred by failing to determine if the defendant's waiver of Miranda rights was knowing and intelligent, and remanded for this determination.