Unfair Prejudice

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

• Conley v. State
  888 So. 2d 163· Fla. 5th DCA· 2004-12-03
  Timothy Conley appealed his convictions for kidnapping, sexual battery, and unlawful sexual activity with a minor, challenging the trial court's admission of evidence regarding similar prior crimes. The court affirmed, holding that evidence of two prior sexual assaults was proper
• Jovon Tyrese Mims v. State
  872 So. 2d 453· Fla. 2d DCA· 2004-05-19
  Jovon Mims appealed his conviction for drug sales and fleeing police, challenging the admission of his statement to a deputy that he had not sold drugs in four months. The Florida appellate court agreed that admission of this statement constituted error because it was relevant on
• Walton
  Del.· 2003-04-25
  The Court held that the evidence presented was insufficient to prove beyond a reasonable doubt that the defendant "displayed what appears to be a deadly weapon" for the purposes of a first-degree robbery conviction. The Court also affirmed the trial court's exclusion of a hearsay
• Coley v. State
  816 So. 2d 817· Fla. 2d DCA· 2002-05-17
  The court held that the admission of a 911 tape containing a reference to a nonexistent restraining order was not harmless error.
• In & for New Castle Cnty.
  Del. Super. Ct.· 2002-05-10
  The court denied the defendant's motion to bar retrial on double jeopardy grounds. The court found no evidence that the prosecutor or witness intentionally provoked the mistrial, and therefore, the defendant could be retried.
• Roth
  Del.· 2001-12-21
  The Delaware Supreme Court affirmed the Superior Court's judgments, holding that the trial judge did not err in admitting Theresa Anderson's prior statement, Roth, Jr.'s statement to Detective Corrigan, or evidence of Roth, Jr.'s tattoo. The court found that Theresa Anderson's st
• Long Term Care Found., Inc. v. Martin
  778 So. 2d 1100· Fla. 5th DCA· 2001-03-16
  The court held that a prior complaint against the center, filed after the patient's discharge, was inadmissible as evidence because it was irrelevant and unfairly prejudicial.
• Addison v. Forest Serv. of the U.S. Dep't of Agric.
  M.D. Fla.· 2000-07-17
  The court held that the plaintiff's claim for permanent injunctive relief was moot because the Forest Service adopted a new policy that complied with the preliminary injunction, and there was no reasonable expectation the violation would recur.
• Sysyn v. State
  756 So. 2d 1058· Fla. 4th DCA· 2000-04-12
  The trial court did not err in refusing to admit expert testimony regarding a psychological autopsy of the victim, as it was not sufficiently relevant to the defendant's self-defense claim and its probative value was outweighed by the danger of unfair prejudice.
• Burgal v. State
  740 So. 2d 82· Fla. 3d DCA· 1999-07-14
  Juan Carlos Burgal appeals his convictions for attempted first degree murder and armed burglary. The Florida Third District Court of Appeal affirms his convictions and sentences, rejecting challenges to the admission of prior domestic violence evidence, the prosecutor's conduct,
• Cunningham v. State
  718 So. 2d 332· Fla. 5th DCA· 1998-09-18
• Javers v. State
  712 So. 2d 443· Fla. 3d DCA· 1998-06-10
• Jenkins v. State
  697 So. 2d 228· Fla. 4th DCA· 1997-07-30
  Paul Wesley Jenkins was convicted of first-degree murder after a jury trial. The appellate court affirmed his conviction, holding that testimony about Jenkins' threat to an eyewitness was properly admitted as evidence of consciousness of guilt and to rebut his self-defense claim,
• United States v. Garrido
  995 F.2d 808· 8th Cir.· 1993-06-03
  The court held that the evidence was insufficient to support the finding of 150 pounds of marijuana for offense level calculation for Valenzuela and Garrido, requiring resentencing. However, the court affirmed the denial of Carlos's pretrial motions and Ismael's sentencing enhanc
• Kasib T. Bilal v. A.L. Lockhart
  993 F.2d 643· 8th Cir.· 1993-05-20
  The court held that the district court did not abuse its discretion in admitting testimony about the unwritten commitment name policy, as its probative value outweighed any unfair prejudice.
• United States v. Blackburn
  992 F.2d 666· 7th Cir.· 1993-04-22
  The court held that the district court did not err in refusing to define reasonable doubt or in admitting certain testimony and exhibits, but erred in admitting a specific lab report under the business records exception.
• United States v. Townsend
  987 F.2d 927· 2d Cir.· 1993-03-08
  The court held that the jury instructions, when viewed as a whole, adequately conveyed the required mens rea for intentionally intercepting communications, and the exclusion of evidence regarding prior sheriff's misconduct was not an abuse of discretion.
• United States v. Rupert Gordon
  987 F.2d 902· 2d Cir.· 1993-03-04
  The dissenting judge believes the other act evidence was admissible under Fed.R.Evid. 404(b) and not unfairly prejudicial under Fed.R.Evid. 403.
• Zdenka Chnapkova v. Kong S. KOH, M.D.
  985 F.2d 79· 2d Cir.· 1993-02-03
  The court held that the exclusion of hospital records and evidence of failure to file tax returns was prejudicially erroneous, requiring a new trial.
• Sumpter v. State
  612 So. 2d 635· Fla. 4th DCA· 1993-01-13
  Tommy Sumpter was convicted of possession of a firearm by a convicted felon. The Fourth District Court of Appeal reversed his conviction because the trial court erroneously admitted evidence revealing the nature of his prior felony conviction (which was identical to the charged o
• United States v. Anderson
  976 F.2d 927· 5th Cir.· 1992-10-21
  The court held that the trial court did not abuse its discretion in admitting extrinsic evidence of prior fires under Rule 404(b) after conducting the required Beechum analysis.
• Maret v. State
  605 So. 2d 949· Fla. 3d DCA· 1992-09-29
  Michael James Maret appealed his convictions for first-degree murder and robbery following a jury verdict. The Florida District Court of Appeal rejected all four of Maret's appellate arguments and affirmed his convictions and sentences.
• Hastings v. Boston Mut. Life Ins. Co.
  975 F.2d 506· 8th Cir.· 1992-09-15
• Miller v. State
  605 So. 2d 492· Fla. 3d DCA· 1992-09-01
  The appellate court affirmed the conviction for second-degree murder, finding that the trial court did not err in its determination that the state's peremptory challenges to three black jurors were race-neutral.
• O'Banion v. Owens-Corning Fiberglas Corp. & the Celotex Corp.
  968 F.2d 1011· 10th Cir.· 1992-06-30
  The court held that the exclusion of cancer evidence was proper without a showing of reasonable medical probability, and while admitting former testimony without a finding of unavailability was an abuse of discretion, it was not prejudicial. The state of the art jury instruction
• Resolution Tr. Corp. v. Associated Inv. Grp.
  631 F. App'x 276· S.D. Fla.· 1991-12-27
  The court held that the Resolution Trust Corporation (RTC) is protected by 12 U.S.C. § 1823(e) from defendants' personal contract defenses, entitling the RTC to summary judgment on the notes. Ownership of the notes and partnership capacity were also resolved in favor of the RTC.
• Johnson v. Dick Busby
  953 F.2d 349· 8th Cir.· 1991-12-24
  The court held that the trial court did not abuse its discretion in excluding certain evidence, denying a request to reopen the case, and in its jury instructions regarding serious medical needs.
• United States v. Russell
  919 F.2d 795· 1st Cir.· 1990-11-26
  The court held that the district court erred in suppressing evidence of firearms, as credibility determinations and factual issues intertwined with guilt should be decided at trial, not pretrial.
• United States v. Ananias Taylor, Jr.
  905 F.2d 239· 8th Cir.· 1990-06-12
  The court held that the district court did not abuse its discretion in admitting testimony from an inmate who overheard the defendant, as sufficient foundation existed and any prejudice was caused by the defense's cross-examination.
• Rosalyn Mapps v. Richard Wolff, M.D.
  561 So. 2d 397· Fla. 4th DCA· 1990-05-09
  In a medical malpractice wrongful death action, the court upheld the admission of a divorced father's allegations about the mother's fitness from his dissolution petition, finding them relevant to the defendant's comparative negligence defense regarding parental care of the decea
• State v. McCLAIN
  525 So. 2d 420· Fla.· 1988-05-19
  The Florida Supreme Court upheld the exclusion of evidence of trace cocaine in a vehicular manslaughter defendant's blood, holding that the trial court did not abuse its discretion under the Evidence Code's rule balancing probative value against unfair prejudice. The Court reconc
• United States v. LEE
  800 F.2d 903· 9th Cir.· 1986-09-24
  The court held that the magistrate did not abuse discretion by denying a mistrial for a witness exclusion rule violation and by allowing a victim to display a scar.
• Diaz v. Cianci
  737 F.2d 138· 1st Cir.· 1984-06-25
  The court held that the trial court did not err in excluding evidence of the plaintiff's juvenile conviction and cumulative evidence regarding officers' activities, and that any error in jury instructions was not prejudicial to the defendants.
• Baso v. State
  433 So. 2d 660· Fla. 3d DCA· 1983-06-28
• United States v. Gonzalez
  707 F.2d 1250· 11th Cir.· 1983-06-23
  The court held that the admission of the .38 caliber weapon was not unfairly prejudicial and that the two counts (theft from interstate shipment and obstruction of commerce by robbery) did not violate the Double Jeopardy Clause as they required proof of different facts.
• United States v. Feather
  702 F.2d 736· 8th Cir.· 1983-03-28
  The court held that the trial court did not abuse its discretion in denying the motion for an independent expert, admitting photographs of the victim's injuries, or limiting cross-examination regarding the victim's marital status.
• Benny B. Mooney v. State
  416 So. 2d 42· Fla. 1st DCA· 1982-07-02
  Mooney appealed his conviction for possession of a firearm by a convicted felon, arguing the trial court improperly admitted evidence of his prior conviction for interfering with an officer with violence. The court initially reversed based on Fouts v. State, but vacated that deci
• Pensacola INN Ltd. v. Tuthill
  404 So. 2d 1173· Fla. 1st DCA· 1981-10-22
  Appellants sought reversal of a negligence judgment awarded to a motel guest injured on the premises. The court reversed because the trial court improperly admitted post-accident photographs showing repairs and improvements made to the accident scene, which violated the rule excl