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

• Carlton Black v. State
  578 So. 2d 1102· Fla.· 1991-05-09 ·cited 8×·via Undue Prejudice
• United States v. Kindred
  931 F.2d 609· 9th Cir.· 1991-04-30 ·cited 8×·via Prejudicial Impact
  The court held that the jury instruction was erroneous because it only required the government to prove the defendant knew he possessed a 'gun,' rather than knowing he possessed a dangerous device likely subject to regulation.
• Thigpen v. Thigpen
  926 F.2d 1003· 11th Cir.· 1991-02-26 ·cited 8×·via Undue Prejudice
  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. Santagata
  924 F.2d 391· 1st Cir.· 1991-01-30 ·cited 8×
  The court held that evidence of telephone orders, though not specifically charged counts, was independently admissible as direct proof of the wire fraud scheme, rendering the Rule 404(b) admission and cautionary instruction arguments moot.
• United States v. Jones
  913 F.2d 174· 4th Cir.· 1990-09-10 ·cited 8×
  The court held that the search warrant was supported by probable cause, the admission of expert testimony regarding drug courier profiles was error but harmless, and the defendant was not denied an opportunity to respond to objections to the pre-sentence report.
• United States v. Burk
  912 F.2d 225· 8th Cir.· 1990-08-20 ·cited 8×
  The court held that the district court did not err in admitting evidence of the defendant's prior conviction under Federal Rule of Evidence 404(b) and that the prosecutor's closing argument did not constitute plain error.
• United States v. Papia
  910 F.2d 1357· 7th Cir.· 1990-08-10 ·cited 8×
  The court affirmed the conviction, holding that the jury instructions on willfulness were proper, the aggregation of payments into counts was permissible, and the admission of the handwritten note was not plain error.
• Vance Anthony Young v. State
  562 So. 2d 370· Fla. 3d DCA· 1990-05-22 ·cited 8×·via Prejudicial Impact
  Vance Young was convicted of four counts of sexual battery and appealed, arguing the trial court improperly excluded testimony about the victim's prior sexual activities. The Florida appellate court affirmed, holding that the victim's consensual encounters with other men did not
• United States v. Chaverra-Cardona
  879 F.2d 1551· 7th Cir.· 1989-07-19 ·cited 8×
  The court held that the admission of evidence concerning the underlying drug case was not unduly prejudicial and that the evidence was sufficient to support the convictions for conspiracy and solicitation to murder.
• McDONALD v. Sandvik Process Sys., Inc.
  870 F.2d 389· 7th Cir.· 1989-03-01 ·cited 8×·via Prejudicial Impact
  The court held that the danger presented by the machine's design was not open and obvious as a matter of law, and that the plaintiff's claims of incurred risk and defective condition were properly submitted to the jury.
• Jackson v. State
  538 So. 2d 533· Fla. 5th DCA· 1989-02-16 ·cited 8×
  Jackson appeals his conviction for three counts of sexual battery, challenging the admission of Williams rule evidence concerning a prior sexual assault victim. The court affirmed, holding that evidence of Jackson's prior similar assault was properly admitted because it demonstra
• United States v. Fortenberry
  860 F.2d 628· 5th Cir.· 1988-11-10 ·cited 8×·via Undue Prejudice
  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.
• United States v. McCOY
  848 F.2d 743· 6th Cir.· 1988-06-10 ·cited 8×
  The district court did not abuse its discretion in admitting lineup photographs as relevant evidence, as their probative value was not substantially outweighed by the danger of unfair prejudice.
• Holley v. State
  523 So. 2d 688· Fla. 1st DCA· 1988-03-30 ·cited 8×
  Julius Holley was convicted of sexual battery against a 15-year-old victim employed at his barbecue business. The appellate court affirmed the conviction, rejecting challenges to paternity blood test evidence (showing 98.2% probability of paternity), victim credibility issues, an
• United States v. Frasch
  818 F.2d 631· 7th Cir.· 1987-05-06 ·cited 8×
  The court held that the district court did not abuse its discretion in refusing to redact racially derogatory language from tape recordings, and that sufficient evidence existed to support the Hobbs Act conviction and the admission of co-conspirator statements.
• Monger v. The Cessna Aircraft Co.
  812 F.2d 402· 8th Cir.· 1987-02-23 ·cited 8×
  The court held that the district court did not err in refusing to instruct the jury on the presumption of due care, nor in its evidentiary rulings.
• United States v. Harbour
  809 F.2d 384· 7th Cir.· 1987-01-12 ·cited 8×
  The court held that the trial court did not abuse its discretion in admitting evidence of prior misconduct to prove intent and in allowing cross-examination on related events, and that the defendants were properly sentenced under 18 U.S.C. § 641.
• Maude Lanham v. Whitfield
  805 F.2d 970· 11th Cir.· 1986-12-09 ·cited 8×·via Undue Prejudice
  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.
• In re AIR Crash Disaster Near Chicago v. McDONNEL Douglas Corp.
  803 F.2d 304· 7th Cir.· 1986-10-09 ·cited 8×
  The court held that evidence of the decedent's income taxes is relevant to calculating pecuniary damages in a wrongful death action under Arizona law, and that a jury should be instructed that its award of damages for lost future wages is not subject to federal income taxation.
• Colley v. Sumner
  784 F.2d 984· 9th Cir.· 1986-03-12 ·cited 8×
  The dissenting judge concludes that the admission of Evelena Hohl's testimony was so unreliable and prejudicial as to deprive the defendant of a fair trial.
• Fuster v. State
  480 So. 2d 173· Fla. 3d DCA· 1985-12-17 ·cited 8×·via Undue Prejudice
  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.
• United States v. Valencia
  773 F.2d 1037· 9th Cir.· 1985-10-08 ·cited 8×·via Prejudicial Impact
  The admission of testimony regarding a defendant's refusal to sign a Miranda waiver form is an error of constitutional proportions, but can be deemed harmless if the evidence of guilt is overwhelming.
• Sweetheart Plastics, Inc. v. Detroit Forming, Inc.
  743 F.2d 1039· 4th Cir.· 1984-09-13 ·cited 8×·via Undue Prejudice
  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×·via Undue Prejudice
  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
• Pulliam v. State
  446 So. 2d 1172· Fla. 2d DCA· 1984-03-16 ·cited 8×
  The court held that the prosecutor's comments and elicited testimony regarding an ongoing drug investigation were irrelevant and unfairly prejudicial, constituting reversible error.
• United States v. Smith
  726 F.2d 183· 5th Cir.· 1984-02-21 ·cited 8×·via Undue Prejudice
  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.
• Meller v. The Heil Co.
  745 F.2d 1297· 10th Cir.· 1984-01-16 ·cited 8×
  The court held that evidence of post-manufacture design changes was admissible to show the feasibility of alternative designs under Federal Rule of Evidence 407 and that the Colorado statute did not bar its admission. The court also held that the exclusion of drug paraphernalia e
• United States v. Melia
  691 F.2d 672· 4th Cir.· 1982-10-15 ·cited 8×·via Prejudicial Impact
  The court held that a decision on the admissibility of other crimes evidence under F.R.Evid. 404(b) was not necessary for this appeal.
• United States v. Black
  595 F.2d 1116· 5th Cir.· 1979-05-25 ·cited 8×
  The court held that the trial court's failure to conduct a preliminary hearing before admitting extrinsic offense evidence was not reversible error, as the appellate court could determine admissibility.
• Hurst v. The United States Postal Serv.
  586 F.2d 1197· 8th Cir.· 1978-10-25 ·cited 8×·via Undue Prejudice
  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.
• United States v. Madera
  574 F.2d 1320· 5th Cir.· 1978-06-14 ·cited 8×
  The court held that telephone directories were admissible as relevant evidence because they tended to make the nonexistence of a business more probable, thus supporting the inference that the defendant's explanation was false.
• United States v. King
  572 F.2d 1274· 8th Cir.· 1978-03-30 ·cited 8×
  The court held that evidence of prior car thefts was admissible under Federal Rule of Evidence 404(b) to prove knowledge, and its probative value was not substantially outweighed by unfair prejudice under Rule 403.
• United States v. Shields
  571 F.2d 1115· 9th Cir.· 1978-03-09 ·cited 8×
  The court held that the trial court did not err in admitting evidence of a witness's silence at an IRS conference, nor in refusing to suppress evidence due to destroyed interview notes or alleged grand jury misuse, and that the government adequately investigated the defendant's c
• O'Berry v. State
  348 So. 2d 670· Fla. 3d DCA· 1977-08-09 ·cited 8×·via Undue Prejudice
  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×·via Undue Prejudice
  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.
• Stewart v. Draleaus
  226 So. 3d 990· Fla. 4th DCA· 2017-07-26 ·cited 7×
  Kevin Stewart appeals a judgment in a personal injury action arising from a motorcycle accident, arguing the trial court erred in excluding three categories of evidence: a witness's prior inconsistent statement about the accident, evidence of the plaintiffs' alcohol consumption,
• Amoundo James Terrence Mathis v. State
  135 So. 3d 484· Fla. 2d DCA· 2014-03-21 ·cited 7×
  Amoundo Mathis appeals his convictions for cocaine and drug paraphernalia possession, challenging the trial court's admission of certified copies of his prior convictions for impeachment purposes. The court held that while the defense opened the door to impeachment by eliciting e
• Ware v. State
  124 So. 3d 388· Fla. 1st DCA· 2013-10-23 ·cited 7×
  William Ware was convicted of exposing his genitals lewdly in the presence of a disabled person at a bus stop. On appeal, Ware challenged the trial court's exclusion of evidence that the victim had previously been subjected to sexual battery, arguing such evidence was relevant to
• Gartner v. State
  118 So. 3d 273· Fla. 5th DCA· 2013-07-26 ·cited 7×
  Timothy Gartner was convicted of robbery with a deadly weapon after displaying what the victim believed to be a gun during a gas station robbery. Gartner appealed the admission of a BB gun found in his vehicle and the denial of his motion for judgment of acquittal, arguing the St
• Allen R. and Jill F. Greenwald v. Eisinger, Brown, Lewis & Frankel, P.A.
  118 So. 3d 867· Fla. 3d DCA· 2013-07-10 ·cited 7×
  Allen and Jill Greenwald appealed a jury verdict in a legal malpractice action against their former attorney Gary Brown, challenging the trial court's exclusion of evidence regarding violations of the Florida Rules of Professional Conduct. The appellate court affirmed, finding th
• Bass v. State
  35 So. 3d 43· Fla. 1st DCA· 2010-03-31 ·cited 7×
  Kevin Brian Bass appeals his conviction for sexual battery on a child under 12, challenging the trial court's decision to retain an upset juror and its admission of hearsay testimony from multiple witnesses regarding the child victim's out-of-court statements. The appellate court
• Webster v. Body Dynamics, Inc.
  27 So. 3d 805· Fla. 1st DCA· 2010-02-24 ·cited 7×
  Wesley Webster appeals a judgment in his favor for the defendants in a products liability case involving a dietary supplement containing ephedrine that allegedly caused his stroke. The trial court excluded evidence of an FDA rule banning ephedrine-containing dietary supplements i
• Honeywell Int'l, Inc. v. Guilder
  23 So. 3d 867· Fla. 3d DCA· 2009-12-23 ·cited 7×
  Honeywell International appeals a $24.17 million judgment awarded to asbestos-exposed plaintiff Stephen Guilder for peritoneal mesothelioma. The Florida District Court of Appeal reverses on multiple grounds, including improper admission of a prejudicial letter, erroneous exclusio
• Carter v. State
  23 So. 3d 1238· Fla. 4th DCA· 2009-11-25 ·cited 7×
  Antonio Carter was convicted by jury of carjacking, armed robbery, and felony driving with a revoked license. The Fourth District Court of Appeal affirmed the carjacking and robbery convictions but reversed the felony driving conviction due to insufficient evidence of the underly
• Edwards v. Niles Sales & Serv., Inc.
  439 F. Supp. 2d 1202· S.D. Fla.· 2006-06-27 ·cited 7×·via Undue Prejudice
  The court adopted the Magistrate Judge's recommendation to grant summary judgment for the defendants, denying the plaintiff's request to amend his complaint.
• Tobin v. Leland
  804 So. 2d 390· Fla. 4th DCA· 2001-10-03 ·cited 7×
  Patrick Tobin appealed a jury verdict finding no permanent injury from an automobile accident, challenging the trial court's refusal to permit cross-examination of the defense expert witness using statements from a 20-year-old book critical of the legal system. The Fourth Distric
• Allapattah Servs., Inc. v. Exxon Corp.
  61 F. Supp. 2d 1326· S.D. Fla.· 1999-07-20 ·cited 7×·via Undue Prejudice
  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.
• Carrillo v. State
  727 So. 2d 1047· Fla. 2d DCA· 1999-02-19 ·cited 7×
  The court held that the trial court committed reversible error by admitting defendant's post-arrest statements, which were substantially more prejudicial than probative.
• Fla. Drum Co. v. Elgin Thompson
  668 So. 2d 192· Fla.· 1996-02-15 ·cited 7×
  A breaching party cannot present evidence of the injured party's casualty insurance in mitigation of damages in a breach of contract action.
• United States v. West
  962 F.2d 1243· 7th Cir.· 1992-04-29 ·cited 7×
  The court held that while Dr. Jeckel's opinion that West was not legally insane alone cannot be grounds to foreclose West from presenting any evidence on his insanity defense, the testimony could potentially be excluded under Rule 403.