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M.D. Fla.·
2021-09-24
The federal district court properly denied the petition for a writ of habeas corpus. The court found that the petitioner's claims were either unexhausted, procedurally barred, or failed to demonstrate a violation of clearly established federal law or an unreasonable determination
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M.D. Fla.·
2021-09-17
The court granted in part and denied in part the defendant's motion in limine, excluding evidence of changing vehicle mileage and other litigation in the case-in-chief, but allowing potential use for impeachment, and reserving ruling on the employee's criminal history and sexist
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S.D. Fla.·
2021-09-15
The court granted in part and denied in part the defendant's motion in limine, allowing some evidence to be presented at trial while excluding others.
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M.D. Fla.·
2021-08-23
The court held that the petitioner failed to show that the state court unreasonably applied federal law or unreasonably determined facts when denying his claims of ineffective assistance of counsel.
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M.D. Fla.·
2021-08-11
Evidence of a plaintiff's mental health history is admissible if the plaintiff places their mental health at issue by seeking damages for emotional distress, but specific incidents may be excluded if their probative value is substantially outweighed by prejudice.
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S.D. Fla.·
2021-08-05
The court granted in part and denied in part Plaintiff's motion in limine regarding evidence of prejudice caused by roof shrink wrap.
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S.D. Fla.·
2021-07-22
Hyundai Motor America Corporation alleged that dealership defendants engaged in a fraudulent scheme to intentionally damage Theta II engines to collect warranty reimbursement, but failed to preserve 144 critical engines that were returned by defendants after being obligated to pr
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324 So. 3d 1014·
Fla. 1st DCA·
2021-07-21
The appellate court affirmed a trial court's decision to allow evidence of tobacco companies' multi-billion dollar settlement payments to states as mitigation in a punitive damages trial. The court found this evidence relevant to the jury's assessment of appropriate punishment an
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Fla. 1st DCA·
2021-07-16
Sylvester Jerome Burgess was convicted of sexual battery of a child under twelve and sentenced to life in prison. On appeal, he challenged the admission of child-hearsay statements and collateral-crime evidence. The Florida First District Court of Appeal affirmed the conviction,
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M.D. Fla.·
2021-07-05
The court granted in part and denied in part various motions in limine, ruling on the admissibility of evidence and testimony for an upcoming product liability trial.
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S.D. Fla.·
2021-06-30
The court granted in part and denied in part the plaintiffs' motion in limine, precluding evidence of nonpayment of federal income taxes due to unfair prejudice and jury confusion.
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M.D. Fla.·
2021-06-25
The court denied most motions in limine, finding evidence not clearly inadmissible on all grounds, but granted the motion to exclude punitive damages claims.
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M.D. Fla.·
2021-06-17
The court ruled on various motions in limine, determining the admissibility of evidence and testimony related to a slip-and-fall incident at a Target store.
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S.D. Fla.·
2021-06-08
The court denied Corellium's motion for leave to amend its affirmative defenses because the motion was untimely, would cause prejudice to Apple, and amendment would be futile.
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M.D. Fla.·
2021-05-27
The court granted in part and denied in part both parties' motions in limine, ruling on the admissibility of various evidence and arguments for the upcoming patent infringement trial.
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Fla. 4th DCA·
2021-05-26
Michael Jones was convicted of first-degree murder for strangling his girlfriend Diane Duve and abandoning her body in a car trunk. On appeal, Jones challenges the admissibility of evidence regarding a prior domestic violence incident occurring two months before the murder and th
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M.D. Fla.·
2021-05-07
The court granted in part and denied in part motions in limine, excluding certain evidence related to subrogation claims, claim handling comparisons, and post-suit conduct, while deferring a ruling on an affidavit.
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S.D. Fla.·
2021-04-30
The court held that evidence of prior incidents is admissible only if substantially similar, plaintiff's testimony about doctors' statements is admissible to show state of mind, and treating physicians can testify as experts if reports are provided. The court also held that evide
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Fla.·
2021-04-22
Donald James Smith was convicted of kidnapping, sexual battery of a child, and first-degree murder in the brutal rape and murder of eight-year-old Cherish Perrywinkle. The Florida Supreme Court affirmed his conviction and death sentence, rejecting claims regarding change of venue
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Del.·
2021-02-23
The Superior Court erred by instructing the jury that it could find for the plaintiff on fraud claims based on recklessness, when the parties' securities purchase agreement unambiguously limited recovery for breaches of representations and warranties, absent deliberate fraud, to
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M.D. Fla.·
2021-01-28
In this products liability case arising from Alexander McHale's injury while operating a Crown RC5500 forklift, the court resolved multiple competing motions regarding the admissibility of expert testimony under the Daubert standard. The court held that plaintiffs' experts Meyer,
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Del. Super. Ct.·
2020-12-15
The trial court denied the defendant railway company's motion for summary judgment, finding a genuine issue of material fact regarding when the plaintiff's FELA claim accrued under the discovery rule. The court also denied motions to exclude or limit the plaintiff's expert witnes
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S.D. Fla.·
2020-12-02
The court granted in part and denied in part the defendant's motion in limine, allowing evidence of attorney-client communications and damages disclosed in interrogatories, while excluding other categories of evidence not objected to by the plaintiff.
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M.D. Fla.·
2020-10-22
The court held that the nature of a sexual battery conviction is not admissible for impeachment purposes under Rule 609(a) because its probative value is substantially outweighed by the danger of unfair prejudice.
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Fla.·
2020-10-22
Daniel Jacob Craven Jr. was convicted of first-degree premeditated murder for stabbing his cellmate to death with a homemade knife while serving a life sentence, and the Florida Supreme Court affirmed his death sentence. The court rejected Craven's various challenges to his convi
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M.D. Fla.·
2020-10-13
A Florida inmate convicted of sexual battery and lewd molestation of a child sought federal habeas relief under 28 U.S.C. § 2254, raising twelve grounds including claims of ineffective assistance of trial counsel, violation of his right to conflict-free counsel, and prosecutorial
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Fla. 3d DCA·
2020-08-26
The appellate court reversed convictions and sentences for aggravated burglary, armed kidnapping, attempted murder, and firearm possession by a felon. The court found that admitting photographs of a glove found in a van, failing to submit the felon-in-possession charge to the jur
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Fla. 3d DCA·
2020-08-19
The appellate court reversed a lower court's decision to defer a divorce case to Spain, finding that the Spanish court lacked jurisdiction over all the marital issues. The case highlights the principles of priority and comity between different jurisdictions.
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Fla. 3d DCA·
2020-08-12
The appellate court affirmed Ivan Wong's convictions for murder and other offenses, finding no abuse of discretion by the trial court regarding the admission of evidence of a firearm's "Punisher" skull logo. The court also found any potential errors to be harmless.
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Fla. 1st DCA·
2020-08-07
The appellate court affirmed a first-degree murder conviction, holding that the trial court did not err in admitting statements made by officers during interviews with the defendant. The court found that any potentially erroneous admissions were harmless given the defendant's con
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M.D. Fla.·
2020-07-15
The court held that the state court's denial of the petitioner's claim of ineffective assistance of counsel was not contrary to or an unreasonable application of federal law, and was not based on an unreasonable determination of the facts.
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Fla. 1st DCA·
2020-07-13
Michael Paul Newman was convicted of lewd or lascivious molestation of his eight-year-old adopted daughter. On appeal, he challenged the trial court's admission of similar fact evidence involving molestation of his other adopted daughter. The appellate court affirmed, finding the
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Fla. 2d DCA·
2020-07-08
The appellate court reversed a conviction for lewd or lascivious conduct, finding that the trial court improperly admitted evidence of prior warnings and reprimands for dissimilar conduct. This evidence was deemed unfairly prejudicial and not relevant to the charged offense.
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M.D. Fla.·
2020-07-06
The court granted in part and denied in part Vivint's motion in limine, ruling on the admissibility of various types of evidence and arguments related to alleged Fair Credit Reporting Act violations.
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Fla. 1st DCA·
2020-07-06
The appellate court affirmed a conviction for second-degree murder, finding no abuse of discretion in the trial court's exclusion of the victim's criminal judgment and sentence. The court held this evidence was not relevant to the defendant's state of mind for self-defense.
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S.D. Fla.·
2020-06-30
A motion in limine to exclude evidence is denied if the movant fails to demonstrate clear inadmissibility on all grounds or lacks specificity regarding the evidence to be excluded.
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306 So. 3d 174·
Fla. 3d DCA·
2020-06-03
The appellate court affirmed a jury verdict for the plaintiff in an Engle-progeny tobacco lawsuit. The court held that the trial court did not abuse its discretion in limiting cross-examination regarding a prior asbestos claim and that the jury instructions on fraudulent concealm
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S.D. Fla.·
2020-05-26
The court granted summary judgment in part, finding no genuine dispute that the alleged roof damage was excluded under the policy's terms for deterioration and faulty design/construction.
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Fla. 1st DCA·
2020-04-21
The appellate court affirmed a defendant's convictions for armed robbery and shooting a firearm, holding that the trial court did not err by admitting testimony from a special deputy U.S. marshal about his task force's focus on violent offenders. The court found this testimony wa
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Fla. 1st DCA·
2020-04-15
The appellate court affirmed a conviction and life sentence for first-degree murder. The court held that the trial court did not err in admitting evidence of a prior threat made by the appellant against the victim, finding it was proven by clear and convincing evidence and its pr
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Fla. 1st DCA·
2020-04-03
The appellate court affirmed a defendant's convictions for child molestation, holding that the trial court did not err in admitting child hearsay statements. The court found that the trial court's oral findings were sufficient and that the hearsay was not unfairly prejudicial.
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Fla. 1st DCA·
2020-04-03
The appellate court affirmed convictions for lewd and lascivious molestation, holding that the trial court did not err in admitting child hearsay statements. The court found that the trial court's oral findings were sufficient and that the hearsay's probative value was not outwei
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Fla. 1st DCA·
2020-04-03
The appellate court affirmed a defendant's convictions for child molestation, holding that the trial court did not err in admitting child hearsay statements. The court found that the trial court's oral findings were sufficient and that the probative value of the hearsay was not o
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Fla. 1st DCA·
2020-04-03
The appellate court affirmed convictions for child molestation, holding that the trial court did not err in admitting child hearsay statements. The court found that the trial court's oral findings were sufficient and that the probative value of the hearsay was not outweighed by u
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299 So. 3d 3·
Fla. 4th DCA·
2020-04-01
The trial court erred by instructing the jury to disregard evidence that was actually admitted during trial when Defendant argued his lack of intent during closing argument, and by admitting a 9mm firearm bearing Defendant's DNA that had no sufficient nexus to the crimes charged.
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Fla. 1st DCA·
2020-03-12
The appellate court affirmed the conviction of second-degree murder and possession of a firearm by a felon. The appellant argued that the trial court erred in several rulings, including admitting evidence, denying a motion for acquittal, jury instructions, and prosecutorial misco
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Fla. 5th DCA·
2020-03-05
Jonathan Smith appeals his conviction for capital sexual battery, arguing the trial court erred in admitting portions of a police interview recording containing detectives' improper comments on the victim's credibility. The court agreed that the detectives' statements invaded the
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Fla. 1st DCA·
2020-01-08
The appellate court affirmed a conviction for possession of a firearm by a convicted felon. The court found that a photograph of the firearm, though placed on a seat rather than found underneath, was admissible and that the trial court properly considered the weight of the eviden
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S.D. Fla.·
2019-11-21
The court held that the defendant's motion for partial summary judgment on the plaintiff's retaliation claim should be denied because the plaintiff presented sufficient evidence to establish a prima facie case of retaliation, including adverse employment actions and a causal conn
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S.D. Fla.·
2019-10-24
The court held that evidence of attorneys' fees, liquidated damages, and legal representation is excluded, but evidence of plaintiffs' federal income taxes and prior arrests, convictions, pleas, and pending criminal cases may be admissible for impeachment purposes.