Unfair Prejudice

888 Florida cases classified under this topic · sorted by citation count

• Lamont Tavius Lubin v. State
  Fla. 3d DCA· 2019-10-02
  The appellate court affirmed a conviction for attempted second-degree murder. The court held that sufficient evidence supported the conviction and that the defendant failed to preserve for appeal his argument regarding the admission of prior bad acts evidence.
• Tremaine Beard v. State
  Fla. 4th DCA· 2019-09-18
  The defendant appeals his armed robbery conviction, challenging the trial court's admission of photographs depicting someone holding a handgun retrieved from his phone. The Fourth District Court of Appeal found the trial court erred in admitting the photographs due to insufficien
• State v. Sills
  Fla. 4th DCA· 2019-09-18
  The state petitioned for a writ of certiorari to overturn a circuit court order excluding expert physician testimony regarding whether the defendant-doctor prescribed controlled substances in good faith and in the course of professional practice. The defendant was charged with ra
• Marshall v. State
  Fla. 1st DCA· 2019-08-13
  Terry L. Marshall III appealed an order denying his Rule 3.850 postconviction motion for ineffective assistance of counsel. Marshall was convicted of armed robbery with a firearm after a jury trial. He claimed his counsel was deficient for advising him not to testify to protect h
• State v. Martin
  277 So. 3d 265· Fla. 3d DCA· 2019-07-31
  The appellate court reversed a trial court's decision to exclude a defendant's post-Miranda videotaped statement. The court found that the trial court abused its discretion by excluding the evidence, as it was highly probative to the defendant's credibility and not unfairly preju
• Strong v. Underwood
  275 So. 3d 760· Fla. 5th DCA· 2019-06-21
  A patient's statement in a medical record identifying the cause of an accident is admissible as an admission by a party-opponent under Florida Evidence Code § 90.803(18)(a), even if the statement may have been transmitted through multiple hospital staff members, provided each lay
• Cooley v. State
  273 So. 3d 258· Fla. 1st DCA· 2019-05-28
  Even assuming a Miranda violation occurred during the defendant's custodial interview with a child protective investigator, the error was harmless beyond reasonable doubt because the remaining evidence was extensive, consistent, and the most damaging statements from the interview
• Green v. Shockley
  Del. Ch.· 2019-04-29
  The Court of Chancery denied the petitioner's exceptions to the Master's final report, upholding the Master's inclusion of rental income from the estate administration period in the partition analysis and finding no unfair prejudice to the petitioner. The court also denied the re
• Johnson v. State
  270 So. 3d 395· Fla. 4th DCA· 2019-03-27
  Jury instructions that inadvertently switched the lesser included offense instructions between two counts do not constitute fundamental error where the written instructions provided to the jury and the verdict form interrogatories clearly delineate the proper elements for each co
• USA v. Gloger
  273 So. 3d 1046· Fla. 3d DCA· 2019-03-20
  In this Engle progeny wrongful death case, the court reversed a jury verdict in favor of Kenneth Gloger, the personal representative of his wife's estate, against tobacco manufacturers Phillip Morris USA Inc. and R.J. Reynolds Tobacco Company. The reversal was based on the trial
• State v. Knowles
  265 So. 3d 733· Fla. 5th DCA· 2019-03-08
  A trial court does not abuse its discretion in excluding evidence of prior acts of child molestation when the court properly applies the McLean gatekeeping analysis and determines the prior acts are insufficiently similar and the probative value is substantially outweighed by the
• v. I.D. No. 1610003829 Steven Pierce
  Del. Super. Ct.· 2019-03-06
  The trial court did not err in denying the Defendant's motion in limine to exclude Google Wi-Fi Location Data, finding the evidence reliable and admissible under the Daubert standard. The court determined that the technology is testable, has undergone peer review, is verified by
• Barry v. State
  264 So. 3d 1176· Fla. 1st DCA· 2019-02-28
  The trial court did not abuse its discretion in consolidating two separate solicitation cases where both involved attempts to arrange murders of the same witnesses while appellant was awaiting trial, nor in admitting evidence of child molestation that was inextricably intertwined
• Citizens Prop. Ins. Corp. v. Ballester
  259 So. 3d 977· Fla. 3d DCA· 2018-11-29
  Citizens Property Insurance Corporation appealed a jury verdict in favor of Pedro and Janette Ballester in a property damage insurance dispute arising from a marijuana grow house explosion. The appellate court affirmed the trial court's judgment, though it expressed serious conce
• Cormier v. State
  253 So. 3d 75· Fla. 1st DCA· 2018-08-03
  Cormier failed to establish ineffective assistance of counsel under Strickland v. Washington because he could not demonstrate either deficient performance or prejudice on any of his seven grounds. Trial counsel adequately presented evidence of Cormier's income sources and financi
• Grimes v. State
  248 So. 3d 150· Fla. 4th DCA· 2018-06-06
  A trial court does not abuse its discretion in admitting multiple certified judgments of prior felony convictions in a possession of firearm by a convicted felon prosecution when the defendant does not stipulate to his legal status, provided the court engages in the balancing inq
• King Knight v. State
  217 So. 3d 1194· Fla. 3d DCA· 2017-05-10
  King Knight appeals his sexual battery conviction, arguing the trial court erred by admitting the victim's testimony about seeking therapy and being unable to go out at night after the assault. The Florida District Court of Appeal affirmed, holding that Knight waived the argument
• Watson v. State
  9th Cir. Ct. App. Div.· 2017-03-08
  Watson appeals the trial court's denial of his motion to exclude Williams Rule evidence (similar fact evidence). The appellate court found the trial court abused its discretion by admitting evidence of a 2012 offense that was not sufficiently unique to constitute "fingerprint" ev
• Bowles v. State
  198 So. 3d 1055· Fla. 4th DCA· 2016-08-17
  Ian Bowles appeals his convictions for aggravated stalking and stalking in violation of a domestic violence injunction and court orders stemming from his harassment of his ex-wife and her fiancé. The appellate court reversed the convictions, finding that the trial court erred in
• Maniglia v. Carpenter
  182 So. 3d 18· Fla. 3d DCA· 2015-11-04
  The court held that the trial court erred in excluding evidence of a subsequent golf cart incident, as it was significantly probative and the defendant failed to prove the error did not contribute to the verdict.
• In & for Kent Cnty. Betty Baker
  Del. Super. Ct.· 2015-10-26
  The court granted the defendant's motion in limine to suppress the defendant's driving record, finding that it constituted inadmissible character evidence under Delaware Uniform Rule of Evidence 404(b) and risked unfair prejudice. The court also granted the defendant's motion to
• Hubbard v. State
  15th Cir. Ct. App. Div.· 2015-10-23
  Matthew James Hubbard was convicted of violating a domestic violence injunction. The appellate court affirmed the trial court's rulings on voir dire and the motion for judgment of acquittal, but reversed the conviction and remanded for a new trial because the trial court abused i
• In & for New Castle Cnty.
  Del. Super. Ct.· 2015-09-03
  The Court denied the defendants' motions for mistrial and severance. The court found that the witness's mention of witness protection, while improper, did not warrant a mistrial due to the brief nature of the statement, the lack of direct implication of the defendants, and the su
• Jacobs v. Atl. Coast Ref., Inc.
  165 So. 3d 714· Fla. 4th DCA· 2015-05-13
  Victoria Jacobs appealed a civil theft judgment against her brought by Atlantic Coast Refining. The Fourth District Court of Appeal reversed the judgment, finding that the trial court erred by admitting evidence of unproven allegations from a prior, unrelated lawsuit against Jaco
• Lopez v. State
  169 So. 3d 143· Fla. 4th DCA· 2015-05-06
  The court held that an erroneous jury instruction allowing consideration of collateral crime evidence for propensity, compounded by the prosecutor's inflammatory language, requires reversal of the conviction.
• In & for Kent Cnty. Jean F. Honey
  Del. Super. Ct.· 2015-01-23
  The court granted in part and denied in part several motions in limine. It excluded specific allegations of direct negligence against Bayhealth to prevent jury confusion, but allowed evidence describing the plaintiff's condition. Offers to pay medical expenses were excluded under
• Gillen v. Cont'l Power Corp. & Edward Henry Kimmel
  Del.· 2014-11-18
  The Delaware Supreme Court affirmed the Superior Court's judgment, finding no abuse of discretion or error in the denial of the recusal motion, the admission of prior convictions, the limitation of trial scope and jury instructions, the exclusion of certain testimony and correspo
• Casco v. State
  150 So. 3d 838· Fla. 4th DCA· 2014-10-29
  Ricardo Casco appeals his convictions for racketeering, conspiracy, aggravated assault, robberies, and kidnappings. The Fourth District Court of Appeal affirms, rejecting his challenges to the admission of firearms evidence, the denial of his motion for judgment of acquittal on k
• Norwood
  Del.· 2014-06-24
  The Superior Court abused its discretion by excluding evidence of a third party's prior similar robberies, which was offered by the defendant to establish mistaken identity. This exclusion was reversible error because the evidence was relevant, its probative value was not substan
• In & for New Castle Cnty. Susan Durkin Laugelle
  Del. Super. Ct.· 2014-02-27
  The court granted summary judgment for defendants Rolls-Royce and Honeywell, and partially granted summary judgment for Bell Helicopter. The court denied summary judgment for Bristow/Air Logistics on its third-party complaint against Rotorcraft Leasing Co. due to Delaware's worke
• Francois v. State
  132 So. 3d 1206· Fla. 3d DCA· 2014-02-19
  The court held that the trial court erred in admitting testimony about rifles found in the defendant's residence, as the evidence was irrelevant and its admission was not harmless beyond a reasonable doubt.
• McKINLEY
  Del.· 2013-10-31
  The trial court erred in denying the plaintiff access to the defendant's medical records and in admitting certain hearsay testimony, and in allowing evidence of the plaintiff's failure to wear a helmet. These evidentiary errors deprived the plaintiff of a fair trial, requiring re
• McCULLUM v. State
  117 So. 3d 1162· Fla. 1st DCA· 2013-06-03
  Alonzo McCullum appeals his conviction for lewd or lascivious molestation of a child under 12, challenging the admission of evidence regarding a prior alleged but uncharged molestation of a different victim. The court affirmed the conviction, holding that the evidence was admissi
• IMO the Estate of Zigfrids B. Blums
  Del. Ch.· 2012-08-23
  The Court affirmed the Master's recommendation to admit an affidavit concerning family history under a hearsay exception, finding it sufficiently trustworthy despite potential bias. The Court also held that the evidence presented established by a preponderance of the evidence tha
• IN & FOR NEW Castle Cnty. Beverly Slicer & L. Curtis Slicer, JR. v. State of Del.
  Del. Super. Ct.· 2012-04-20
  The court granted defendants' motions in limine to exclude the testimony of William Kunzman, P.E., and Walter Kilareski, P.E., finding their opinions unreliable or unsubstantiated by scientific principles. The court denied the motion to exclude the testimony of Frederick G. Breme
• Hayward v. State
  59 So. 3d 303· Fla. 2d DCA· 2011-04-20
  Jason Lee Hayward was convicted of felony DUI after the trial court allowed impeachment evidence of a prior 1992 DUI conviction, ruling that Hayward's testimony about distrusting breath-testing machines "opened the door" to such evidence. The appellate court reversed, holding tha
• Blash v. State
  44 So. 3d 1195· Fla. 4th DCA· 2010-09-29
  The court held that the trial court did not err in admitting evidence of accelerants or in denying a motion for mistrial.
• Aguiluz v. State
  43 So. 3d 800· Fla. 3d DCA· 2010-08-18
  Felix Aguiluz appeals his conviction for second-degree murder with a deadly weapon, challenging the trial court's admission of evidence regarding prior incidents showing motive and intent toward the victim. The appellate court affirms, finding the evidence properly admissible und
• Special v. Ivo Baux, M.D.
  52 So. 3d 682· Fla. 4th DCA· 2010-06-23
  This is a dissenting opinion arguing that the trial court erred in sustaining an objection to cross-examination regarding the reliability of an amniotic fluid embolism diagnosis and the hospital's unusually high rate of such diagnoses.
• In & for New Castle Cnty. M&G Polymers USA, LLC
  Del. Super. Ct.· 2010-04-21
  The court denied the defendant's motion for a new trial and granted the plaintiff's application for attorneys' fees and expenses. The court found that the defendant's discovery violations, including the failure to timely produce relevant documents and adequately assert privilege
• Torres
  Del.· 2009-08-24
  The Delaware Supreme Court affirmed the Superior Court's conviction of Angel Torres for drug trafficking and delivery. The court found no merit in Torres's arguments that the prosecutor engaged in misconduct by threatening or vouching for a witness, that the evidence was insuffic
• In & for New Castle Cnty. James Brady & Sarah Brady Civil Action No.
  Del. Super. Ct.· 2009-07-31
  The court held that the impeachment evidence against witness Gary Noble is admissible, but the method of proof determines whether the motion to continue the trial is granted. If plaintiffs agree to the admission of the affidavits of probable cause into evidence, the trial will no
• Estrich v. State
  995 So. 2d 613· Fla. 4th DCA· 2008-11-26
  The Fourth District Court of Appeal reversed the conviction of Justin Estrich for DUI manslaughter, holding that the trial court abused its discretion by admitting evidence of marijuana metabolite in his blood when all experts testified it likely did not affect him at the time of
• Clark v. State
  969 So. 2d 573· Fla. 1st DCA· 2007-12-05
  Edward Clark was convicted of sexual battery on a physically helpless victim and resisting an officer. The appellate court reversed the sexual battery conviction because the trial court improperly excluded testimony from Clark's expert witness regarding the victim's blood alcohol
• Alonso Valencia v. State
  937 So. 2d 1145· Fla. 3d DCA· 2006-08-23
  Alonso Valencia appealed his first-degree murder conviction, challenging the admission of evidence that he displayed three firearms weeks before the crime and a jury instruction. The court affirmed, finding any error in admitting the firearms evidence harmless beyond a reasonable
• Valdes v. State
  924 So. 2d 950· Fla. 3d DCA· 2006-04-05
  Gustavo Valdes appealed his convictions for fleeing to elude, leaving the scene of an accident, resisting an officer, and trespass in a conveyance. The sole issue at trial was whether Valdes was the driver of a stolen vehicle involved in a high-speed police chase. The appellate c
• Charbonneau
  Del.· 2006-03-01
  The Delaware Supreme Court reversed the defendant's convictions and sentence of death, holding that the trial judge abused his discretion by denying the defendant's motion in limine to admit the guilty plea and proffer of a codefendant. The exclusion of this evidence, which was c
• Hunter v. State
  905 So. 2d 977· Fla. 1st DCA· 2005-06-28
  Edward Hunter appealed his convictions for capital sexual battery, challenging the trial court's admission of hearsay statements from child victims. The court affirmed, holding that the statements were properly admitted under Florida's child hearsay statute and that no abuse of d
• Monds v. State
  904 So. 2d 625· Fla. 4th DCA· 2005-06-22
  The court held that testimony regarding prior drug activity was admissible because it was relevant to establish the officers' lawful duty and the context of the arrest, and its probative value was not outweighed by prejudice.
• Ortiz
  Del.· 2005-01-25
  The Delaware Supreme Court affirmed the defendant's convictions for first-degree murder, possession of a firearm during the commission of a felony, and second-degree arson, as well as his death sentence. The court found that the trial judge properly exercised discretion in conduc