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

• United States v. Burkhart
  458 F.2d 201· 10th Cir.· 1972-02-14 ·cited 94×
  Evidence of prior Dyer Act convictions is admissible to prove intent and negate accident or mistake in a current Dyer Act charge.
• United States v. Elkins
  885 F.2d 775· 11th Cir.· 1989-09-29 ·cited 92×
  The court affirmed the conspiracy conviction, finding the indictment adequately charged conspiracy to defraud the United States and the jury was properly instructed. The court also affirmed the conviction related to export violations, finding the Allen charge was not coercive and
• United States v. York
  830 F.2d 885· 8th Cir.· 1987-10-05 ·cited 92×·via Prejudicial Impact
  The court affirmed the convictions and sentences, finding no reversible error in the trial court's evidentiary rulings, jury instructions, application of statutes, or sentencing procedures.
• United States v. Chaimson
  760 F.2d 798· 7th Cir.· 1985-04-24 ·cited 92×
  The court agrees that the evidence was admissible under other exceptions, thus the trial judge did not abuse discretion.
• United States v. Clemons
  503 F.2d 486· 8th Cir.· 1974-10-03 ·cited 92×·via Prejudicial Impact
  The court held that admitting evidence of the defendant's prior arrest in California for drug possession was prejudicial error because it was not proven by clear and convincing evidence and its probative value was outweighed by its prejudicial impact.
• United States v. Southard
  700 F.2d 1· 1st Cir.· 1983-01-28 ·cited 90×
  The court held that the district court did not err in denying a Franks hearing, admitting evidence of gambling activities, or finding the evidence sufficient for conviction, and that the ex parte, in camera interview was harmless error.
• United States v. Fernandez
  480 F.2d 726· 2d Cir.· 1973-05-23 ·cited 90×·via Prejudicial Impact
  The court held that the judge's conduct during the trial, particularly his questioning of the defense expert, created an appearance of partisanship that prejudiced the defendant and warranted reversal.
• United States v. Zapata
  871 F.2d 616· 7th Cir.· 1989-02-24 ·cited 88×
  The court held that the district court did not abuse its discretion in admitting evidence of a prior drug transaction, refusing to strike testimony after a witness invoked the Fifth Amendment, or admitting hotel registration records. Any error in the jury instruction regarding pr
• Lowder v. State
  589 So. 2d 933· Fla. 3d DCA· 1991-10-08 ·cited 87×·via Prejudicial Impact
  Alvin Lowder was convicted of cocaine possession with intent to sell within 1000 feet of a school. The Third District Court of Appeal reversed and remanded for a new trial, holding that two categories of police testimony were improper and prejudicial: characterization of the arre
• Dorsett v. State
  944 So. 2d 1207· Fla. 3d DCA· 2006-12-20 ·cited 86×
  Russell Dorsett appeals his convictions for sale of cocaine and marijuana, challenging the trial court's admission of evidence of a prior uncharged hand-to-hand drug transaction that occurred during the same surveillance operation. The appellate court affirms, holding that the pr
• United States v. Peltier
  585 F.2d 314· 8th Cir.· 1978-09-14 ·cited 86×
  The court held that the admission of evidence regarding Peltier's prior attempted murder charge, his flight from law enforcement in Oregon, and weapons found in an exploded vehicle was proper and did not deny him due process or a fair trial.
• United States v. Martino
  759 F.2d 998· 2d Cir.· 1985-04-03 ·cited 84×
  The court held that there was sufficient evidence to support the conviction and that the admission of a prior conviction was not an abuse of discretion.
• Anderson v. State
  863 So. 2d 169· Fla.· 2003-09-25 ·cited 83×
  Fred Anderson, Jr. robbed a bank in Mount Dora, Florida on March 20, 1999, and shot two tellers—killing one and paralyzing the other. The Florida Supreme Court affirmed his convictions for grand theft of a firearm, robbery with a firearm, attempted first-degree murder, and first-
• United States v. McKINNELL
  888 F.2d 669· 10th Cir.· 1989-10-27 ·cited 82×
  The court held that the warrantless search of the defendant's car was valid under exceptions for searches incident to arrest and probable cause, that possession with intent to distribute is a valid predicate offense for using a firearm during a drug trafficking crime, and that th
• United States v. Webster
  649 F.2d 346· 5th Cir.· 1981-07-02 ·cited 82×
  Hearsay evidence is inadmissible to prove a defendant's predisposition in entrapment cases, except in limited circumstances to rebut specific assertions of government misconduct.
• United States v. Lyles
  593 F.2d 182· 2d Cir.· 1979-01-31 ·cited 82×·via Prejudicial Impact
  The court held that the trial court did not commit reversible error by modifying its jury instructions after summations, denying severance motions, or admitting certain evidence, as no substantial prejudice was demonstrated.
• Patrick v. State
  104 So. 3d 1046· Fla.· 2012-12-06 ·cited 81×
  Eric Kurt Patrick appeals his conviction and death sentence for the first-degree murder of Steven Schumacher, a 73-year-old man who took him in after his recent release from prison. The Florida Supreme Court affirmed both the conviction and death sentence after addressing sevente
• Huggins v. State
  889 So. 2d 743· Fla.· 2004-12-02 ·cited 81×
  John Steven Huggins was convicted of first-degree murder and sentenced to death for the June 10, 1997 murder of Carla Larson in Orange County, Florida. The Florida Supreme Court affirmed both the conviction and death sentence on direct appeal.
• Owen v. Crosby
  854 So. 2d 182· Fla.· 2003-07-11 ·cited 81×
  Duane Eugene Owen, a death row inmate, challenged his conviction and sentence for first-degree murder, sexual battery, and burglary through a successive motion for postconviction relief under Florida Rule 3.850 and a habeas corpus petition. The Florida Supreme Court affirmed the
• United States v. Sawyer
  799 F.2d 1494· 11th Cir.· 1986-09-24 ·cited 81×
  The court affirmed convictions, holding that the evidence was sufficient to support the jury's findings of guilt for mail and wire fraud, commodity fraud, interstate transportation of securities taken by fraud, and conspiracy.
• United States v. Landis Cuber Dothard
  666 F.2d 498· 11th Cir.· 1982-01-22 ·cited 81×·via Prejudicial Impact
  The court held that the trial court improperly admitted extrinsic act evidence because it was not sufficiently similar to the charged offense and its probative value was outweighed by its prejudicial impact. The court also found insufficient evidence that the defendant committed
• Parker v. State
  408 So. 2d 1037· Fla.· 1982-01-07 ·cited 81×
  The Florida Supreme Court held that a state may refuse a defendant's offer to stipulate to a prior felony conviction and instead prove the conviction through a certified judgment when the prior conviction is an essential element of the crime charged. The court resolved a conflict
• Wade v. Haynes
  663 F.2d 778· 8th Cir.· 1981-11-09 ·cited 81×
  The court held that punitive damages in a § 1983 action require a finding of actual malice, not merely reckless or callous disregard for a prisoner's rights.
• Sexton v. State
  697 So. 2d 833· Fla.· 1997-07-17 ·cited 80×
  Eddie Lee Sexton was convicted of first-degree murder for ordering his son Willie to strangle Joel Good, his son-in-law. The Florida Supreme Court reversed and remanded for a new trial, finding that the trial court abused its discretion by admitting highly prejudicial testimony a
• Williams v. State
  621 So. 2d 413· Fla.· 1993-07-01 ·cited 80×·via Undue Prejudice
  The Florida Supreme Court held that testimony about similar sexual battery incidents is admissible to rebut a consent defense when the evidence shows a common plan or scheme, not merely to prove propensity. The Court approved the admission of testimony from two prior victims desc
• Macarthur Williams v. State
  492 So. 2d 1051· Fla.· 1986-06-26 ·cited 80×
  The Florida Supreme Court affirmed the conviction of Williams for possession of a firearm by a convicted felon, holding that introduction of the particulars of his prior armed robbery conviction at trial was not unduly prejudicial. The Court clarified that when a prior conviction
• Corn v. Zant
  708 F.2d 549· 11th Cir.· 1983-06-15 ·cited 80×·via Prejudicial Impact
  The court held that the trial judge's remark about automatic appeal did not rise to the level of constitutional error, and the jury instructions on intent and malice did not impermissibly shift the burden of proof. Therefore, the petitioner did not suffer a due process violation.
• United States v. Adcock
  558 F.2d 397· 8th Cir.· 1977-06-14 ·cited 80×
  The dissenting judge believes certain testimony was improperly admitted due to lack of probative value and unfair prejudice, while other testimony was admissible.
• Hooper v. Stokes
  107 Fla. 607· Fla.· 1933-01-09 ·cited 80×·via Undue Prejudice
  George T. Hooper sought to revoke his father's will on grounds of insane delusion, claiming the testator was mentally unsound when he executed the will leaving the son only a transcript of divorce proceedings and imposing conditions on other legatees. The Florida Supreme Court af
• Derinda Edwards v. State
  548 So. 2d 656· Fla.· 1989-09-07 ·cited 78×
  The Florida Supreme Court held that evidence of a witness's prior drug use is generally inadmissible for impeachment purposes unless it can be shown that the witness was using drugs at or near the time of the incident, at the time of testimony, or that prior drug use is otherwise
• Gillion v. State
  573 So. 2d 810· Fla.· 1991-01-10 ·cited 77×·via Undue Prejudice
  Testimony that a police officer observed criminal activity in the specific area where a defendant was arrested does not constitute unduly prejudicial identification of the location as a high-crime area when the testimony describes what the officer actually observed rather than th
• United States v. Jones
  913 F.2d 1552· 11th Cir.· 1990-10-11 ·cited 77×·via Undue Prejudice
  The court held that the evidence presented was sufficient to sustain the convictions of all defendants for conspiracy and possession of cocaine with intent to distribute.
• Smith v. State
  866 So. 2d 51· Fla.· 2004-01-29 ·cited 76×
  Lawrence Joey Smith was convicted of first-degree murder and attempted first-degree murder and sentenced to death. The Florida Supreme Court affirmed the convictions and the life sentence for attempted murder, but remanded for resentencing on the murder conviction because the tri
• United States v. Aleman
  592 F.2d 881· 5th Cir.· 1979-04-06 ·cited 76×
  The court affirmed the convictions of both defendants, finding sufficient evidence for conspiracy and possession, and that the admission of extrinsic evidence and prosecutorial comments did not constitute reversible error.
• United States v. Michaels
  726 F.2d 1307· 8th Cir.· 1984-02-10 ·cited 74×
  The court held that the evidence was sufficient to establish federal jurisdiction and the defendant's participation in the conspiracy, and that the challenged evidentiary rulings and searches were proper.
• Linn v. Basil D. Fossum, M.D.
  946 So. 2d 1032· Fla.· 2006-11-02 ·cited 73×
  The Florida Supreme Court held that expert witnesses cannot testify on direct examination that they relied on consultations with colleagues or other experts in forming their opinions, as such testimony impermissibly bolsters the expert's credibility and serves as a conduit for in
• Steverson v. State
  695 So. 2d 687· Fla.· 1997-06-12 ·cited 73×
  The Florida Supreme Court reversed Bobby Steverson's conviction and death sentence for the murder of Bobby Lucas, holding that the trial court committed reversible error by admitting extensive and inflammatory evidence of a collateral crime—the shooting of a police officer—which
• State v. Augustus J. Rawls
  649 So. 2d 1350· Fla.· 1994-10-27 ·cited 73×·via Undue Prejudice
  The Florida Supreme Court upheld the admission of evidence of Rawls's prior sexual batteries of other young males to corroborate the victim's testimony in a capital sexual battery case, even though Rawls was not in a familial relationship with the charged victim. The Court expand
• Bevel v. State
  983 So. 2d 505· Fla.· 2008-03-20 ·cited 72×
  Thomas Bevel was convicted of two counts of first-degree murder and one count of attempted first-degree murder in the February 2004 deaths of Garrick Stringfield and his son Phillip Sims, and the wounding of Feletta Smith. The Florida Supreme Court affirmed Bevel's convictions an
• United States v. Julita De Parias
  805 F.2d 1447· 11th Cir.· 1986-12-15 ·cited 71×
  The court held that federal jurisdiction existed under the Hobbs Act, and that limitations on cross-examination, admission of photographs, evidence of flight, co-defendant statements, and compelled hair samples were not reversible error.
• United States v. Pirovolos
  844 F.2d 415· 7th Cir.· 1988-04-06 ·cited 70×
  The court held that while admitting evidence of prior convictions was an error, it was harmless given the overwhelming evidence. Cross-examination on other gun incidents at the restaurant was permissible.
• Trees v. K-Mart Corp.
  467 So. 2d 401· Fla. 4th DCA· 1985-03-27 ·cited 70×
  Vicki Trees, a 17-year-old K-Mart cashier, appealed a false arrest and malicious prosecution suit after a jury verdict in the defendants' favor. The central issue was whether the trial court properly admitted evidence of Trees' prior shoplifting incident to rebut her damages clai
• United States v. Amos P. Brown, Sr.
  548 F.2d 1194· 5th Cir.· 1977-03-18 ·cited 70×
  The court held that the admission of IRS agent testimony, based on out-of-court statements from taxpayers and testifying from memory, constituted inadmissible hearsay and prejudicial "other crimes" evidence, constituting plain error.
• Jackson v. Johns-Manville Sales Corp. & Raybestos-Manhattan, Inc.
  750 F.2d 1314· 5th Cir.· 1985-01-21 ·cited 69×
• United States v. Sigfredo Rivera-Sola
  713 F.2d 866· 1st Cir.· 1983-07-27 ·cited 68×
  The court held that the evidence was sufficient to convict the defendant of attempted possession with intent to distribute, that evidence of other crimes was properly admitted to show intent, and that the magistrate's participation in jury selection and preliminary instructions d
• United States v. Hitsman
  604 F.2d 443· 5th Cir.· 1979-10-15 ·cited 68×·via Undue Prejudice
  The court affirmed all convictions, finding sufficient evidence and no reversible error in the trial court's rulings on evidence, jury instructions, or motions.
• Jackson v. State
  25 So. 3d 518· Fla.· 2009-09-24 ·cited 67×
  Ray Jackson was convicted of first-degree murder and kidnapping in the death of Pallis Paulk, whom he kidnapped in retribution for stealing his drugs and money, and sentenced to death. The Florida Supreme Court affirmed the conviction and death sentence, finding sufficient eviden
• United States v. Kojo Sababu
  891 F.2d 1308· 7th Cir.· 1989-12-21 ·cited 67×
  The court affirmed the convictions, finding sufficient evidence to support the jury's verdict on the conspiracy and Travel Act charges.
• United States v. Edwards
  696 F.2d 1277· 11th Cir.· 1983-01-31 ·cited 67×·via Prejudicial Impact
  The court held that the district court did not err in admitting a recorded conversation under Federal Rule of Evidence 404(b) and did not commit plain error by excluding extrinsic impeachment evidence, nor did it abuse its discretion by failing to investigate jury misconduct alle
• Dollar v. Long MFG
  561 F.2d 613· 5th Cir.· 1977-10-21 ·cited 67×
  The court held that the trial court erred in denying the plaintiff's motion to compel discovery of prior accidents and in excluding a warning letter offered for impeachment.