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

• Long v. State
  610 So. 2d 1276· Fla.· 1992-10-15 ·cited 26×
  Robert Joe Long appeals his conviction and death sentence for the murder of Virginia Johnson. The Florida Supreme Court reverses and remands for a new trial, finding that the trial court erred in allowing the State to introduce edited portions of a CBS videotaped interview withou
• United States v. Lynn
  856 F.2d 430· 1st Cir.· 1988-09-13 ·cited 26×
  The court held that the district court abused its discretion by impermissibly circumscribing cross-examination regarding a witness's polygraph examination and by admitting evidence of the defendant's prior conviction, thereby impairing the defendant's Sixth Amendment rights.
• United States v. Echeverri
  854 F.2d 638· 3d Cir.· 1988-08-11 ·cited 26×
  The court held that the district court erred by failing to provide a specific unanimity instruction for the Continuing Criminal Enterprise (CCE) count and by admitting evidence of other crimes that was not sufficiently probative. However, the erroneous admission of evidence was d
• United States v. Cuch
  842 F.2d 1173· 10th Cir.· 1988-03-14 ·cited 26×·via Undue Prejudice
  The court held that the trial court did not abuse its discretion in admitting evidence of a prior similar sexual assault to prove intent, and that sufficient evidence supported the conviction.
• Trend Coin Co. v. Honeywell, Inc.
  487 So. 2d 1029· Fla.· 1986-02-27 ·cited 26×
  The Florida Supreme Court held that a plaintiff is entitled to prejudgment interest at the statutory rate from the date of loss on verdicts that liquidate damages, and clarified that when the statutory interest rate changes between the time of loss and judgment, interest should b
• United States v. Lacayo
  758 F.2d 1559· 11th Cir.· 1985-04-30 ·cited 26×·via Undue Prejudice
  The court held that the district court did not err in denying disclosure of the government's right to make a sentencing recommendation for co-defendants, admitting extrinsic act evidence, or admitting prejudicial evidence, and that prosecutorial misconduct did not rise to the lev
• United States v. Falco
  727 F.2d 659· 7th Cir.· 1984-02-13 ·cited 26×
  The dissenting judge believes the admission of prior convictions was an abuse of discretion due to their minimal probative value and high prejudicial effect.
• United States v. Clifford
  704 F.2d 86· 3d Cir.· 1983-03-08 ·cited 26×
  The court held that the district court abused its discretion in excluding cursive correspondence offered to show stylistic similarities, as the jury could make such comparisons without expert testimony.
• Dente v. Riddell, Inc.
  664 F.2d 1· 1st Cir.· 1981-09-25 ·cited 26×
  The court held that the trial court did not abuse its discretion under Federal Rule of Evidence 403 by admitting portions of the plaintiff's medical records, as the potential prejudice did not substantially outweigh the probative value.
• United States v. Thomas
  676 F.2d 239· 7th Cir.· 1980-07-24 ·cited 26×
  The court held that the evidence was sufficient to convict Thomas, Maddox, and Roberts on three counts of violating 18 U.S.C. § 2313, but reversed Robert White's conviction on Count II due to insufficient evidence of his involvement.
• United States v. Herrera-Medina
  609 F.2d 376· 9th Cir.· 1979-12-06 ·cited 26×
  The court held that the trial judge did not abuse his discretion in admitting evidence of prior incidents under Fed.R. Evid. 404(b).
• United States v. Grassi
  602 F.2d 1192· 5th Cir.· 1979-09-19 ·cited 26×
  The court held that while a stipulation can affect the Rule 403 balancing test, it does not automatically require exclusion of evidence, and trial courts retain discretion. The court affirmed the conviction, finding no reversible error in the admission of evidence or the prosecut
• United States v. Cavallaro
  553 F.2d 300· 2d Cir.· 1977-04-19 ·cited 26×·via Prejudicial Impact
  The court held that the evidence was sufficient to prove interstate kidnapping, that the statute was not unconstitutionally vague, that the trial court did not err in limiting questioning about a witness's address, and that evidence of a subsequent crime was admissible.
• United States v. Baldivid
  465 F.2d 1277· 4th Cir.· 1972-08-21 ·cited 26×·via Undue Prejudice
  The court held that evidence of prior crimes was admissible to prove intent and knowledge, and that the value of the stolen property was sufficiently established for jurisdictional purposes.
• Johnson v. State
  40 So. 3d 883· Fla. 4th DCA· 2010-07-21 ·cited 25×
  Kenneth Johnson was convicted of lewd or lascivious battery against a 13-year-old girl. The appellate court reversed his conviction and remanded for a new trial because the trial court erred by admitting evidence of the victim's suicide attempts, which was highly inflammatory and
• Irizarry v. State
  905 So. 2d 160· Fla. 3d DCA· 2005-02-09 ·cited 25×
  Dennis Irizarry appeals his convictions for kidnapping, burglary with assault or battery, aggravated battery with great bodily harm, and aggravated stalking arising from a violent attack on his former intimate partner. The appellate court affirmed all convictions, rejecting chall
• Thomas "Jack" Fitzgerald v. McDANIEL
  833 F.2d 1516· 11th Cir.· 1987-12-15 ·cited 25×
  The court held that the reasonableness of a deputy sheriff's use of deadly force during an arrest is a question for the jury, and that the district court did not err in its application of notice statutes, sovereign immunity, or evidentiary rules.
• Carter v. Dist. OF Columbia
  795 F.2d 116· D.C. Cir.· 1986-07-03 ·cited 25×
  The court held that the trial judge erred in allowing extensive introduction of allegations of prior police misconduct, necessitating a new trial on claims submitted to the jury. The court also affirmed the directed verdict for the municipality on the constitutional tort claim.
• Nat'l Indep. Theatre Exhibitors, Inc. v. Charter Fin. Grp., Inc.
  747 F.2d 1396· 11th Cir.· 1984-12-05 ·cited 25×·via Undue Prejudice
  The court affirmed the district court's rulings, finding no reversible error in the directed verdicts, jury instructions, or denial of leave to amend the complaint.
• Adkins v. Seaboard Coast Line R.R. Co.
  351 So. 2d 1088· Fla. 2d DCA· 1977-11-02 ·cited 25×
  In this wrongful death appeal, the Florida Second District reversed a trial court's reduction of a jury damage award from $100,000 to $20,000, finding that contradictory jury instructions on comparative negligence and the apportionment of damages to survivors created reversible e
• Smithers v. State
  18 So. 3d 460· Fla.· 2009-07-09 ·cited 24×
  Samuel Smithers was convicted of two first-degree murders and sentenced to death. On postconviction relief and habeas appeal, Smithers challenged his convictions and sentences on grounds of ineffective assistance of counsel. The Florida Supreme Court affirmed the denial of postco
• Williams v. State
  710 So. 2d 24· Fla. 3d DCA· 1998-03-18 ·cited 24×
  Frederick Williams was charged with DUI after failing field sobriety tests despite a breath alcohol level of 0.07, just below the legal limit. Police administered a Drug Influence Evaluation (DIE) based on a twelve-step protocol, concluding he was impaired by alcohol, stimulants,
• United States v. Lopez
  944 F.2d 33· 1st Cir.· 1991-09-11 ·cited 24×
  The court held that the district court did not err in rejecting a plea agreement, refusing to recuse, limiting cross-examination, denying acquittal motions, or refusing a new trial, and that the sentencing decision was not reviewable.
• United States v. Moore
  936 F.2d 1508· 7th Cir.· 1991-07-19 ·cited 24×
  The court held that the trial court did not abuse its discretion in excluding an accomplice's statement, limiting cross-examination, or admitting palm print evidence, and that there was sufficient evidence to support the convictions.
• United States v. Sellers
  926 F.2d 410· 5th Cir.· 1991-03-01 ·cited 24×
  The court held that the admission of testimony regarding prior dumping was proper, the jury instructions regarding knowledge were not plain error, and the sentencing guidelines were correctly applied.
• Johnson v. State
  559 So. 2d 729· Fla. 4th DCA· 1990-04-18 ·cited 24×·via Undue Prejudice
  Florida appellate court reversed Johnson's tampering with evidence conviction because trial testimony characterizing the arrest location as a high-crime, predominantly black neighborhood constituted impermissible guilt by association.
• West v. State
  553 So. 2d 254· Fla. 4th DCA· 1989-11-22 ·cited 24×
  Russell West appeals his convictions for DUI manslaughter, driving with a suspended license, and violation of probation. The court reverses the DUI manslaughter conviction due to multiple evidentiary errors including admission of irrelevant drug evidence, privileged accident inve
• United States v. Wiley
  846 F.2d 150· 2d Cir.· 1988-05-06 ·cited 24×
  The court held that the evidence was insufficient to support Reynolds' conviction for aiding and abetting the SCS wire fraud scheme, reversing that conviction. Other convictions were affirmed.
• United States v. Brown
  720 F.2d 1059· 9th Cir.· 1983-11-18 ·cited 24×·via Prejudicial Impact
  The court held that the admission of Sergeant McNabb's testimony, which recounted statements made by appellant Jackson during a custodial street confrontation, was prejudicial error violating Miranda and Rule 403, requiring reversal.
• Gross v. Black & Decker (U.S.), Inc.
  695 F.2d 858· 5th Cir.· 1983-01-17 ·cited 24×
  The court held that the trial court did not err in admitting evidence of the employer's negligence as relevant to a sole cause defense, nor in denying motions for directed verdict or judgment notwithstanding the verdict on claims of negligence, gross negligence, contributory negl
• United States v. Murzyn
  631 F.2d 525· 7th Cir.· 1980-10-03 ·cited 24×
  The court held that the introduction of prior misconduct evidence was permissible to rebut defenses of coercion and entrapment, and that other alleged errors did not constitute reversible error.
• United States v. Paoli
  603 F.2d 1029· 2d Cir.· 1979-06-26 ·cited 24×·via Prejudicial Impact
  The court held that the evidence supported a single conspiracy charge and that the district court made no erroneous evidentiary rulings or errors in refusing jury instructions.
• United States v. Dudek
  560 F.2d 1288· 6th Cir.· 1977-08-16 ·cited 24×·via Prejudicial Impact
  The court held that the district judge did not abuse discretion admitting evidence of other crimes under Federal Rule of Evidence 404(b).
• Smiley v. State
  295 So. 3d 156· Fla.· 2020-05-14 ·cited 23×·via Prejudicial Impact
  Benjamin Davis Smiley Jr. was convicted of first-degree felony murder in the April 2013 shooting death of Clifford Drake during a planned robbery and sentenced to death. The Florida Supreme Court affirmed the conviction and sentence, finding substantial evidence supported the mur
• Reynolds v. State
  660 So. 2d 778· Fla. 4th DCA· 1995-09-20 ·cited 23×
  Reynolds was convicted of sexual battery on a child and indecent assault based on hearsay testimony from four witnesses recounting the child victim's statements about the alleged crime. The appellate court affirmed the convictions, finding the trial court properly admitted the ch
• Taylor v. State
  640 So. 2d 1127· Fla. 1st DCA· 1994-05-25 ·cited 23×·via Prejudicial Impact
  Walter Taylor was convicted of two counts of first-degree murder for killing Paula Smits and her young daughter Amanda in 1987. The Florida First District Court of Appeal reversed and remanded for a new trial due to cumulative prosecutorial misconduct that deprived Taylor of a fa
• Wayne Creasy Agency, Inc. v. Maillard
  604 So. 2d 1235· Fla. 3d DCA· 1992-08-11 ·cited 23×·via Undue Prejudice
  Wayne Creasy Agency appeals the trial court's grant of rescission for a condominium sale where buyers discovered structural defects two years after closing. The appellate court reversed, finding the trial court abused its discretion by denying the seller leave to amend its answer
• United States v. Orange Jell Beechum
  555 F.2d 487· 5th Cir.· 1977-07-11 ·cited 23×
  The court held that the admission of credit cards found in the defendant's possession, offered to prove intent in a mail theft case, was improper under the 'Broadway' rule requiring clear and convincing proof of prior offenses with identical physical elements.
• Denmark v. State
  927 So. 2d 1079· Fla. 2d DCA· 2006-05-17 ·cited 22×
  David Denmark appealed his conviction for battery on a law enforcement officer, arguing that the prosecution improperly introduced evidence of his remote juvenile offenses during trial despite the court's ruling to exclude them. The Florida District Court of Appeal agreed that th
• Blair v. State
  667 So. 2d 834· Fla. 4th DCA· 1996-01-10 ·cited 22×
  Lance Blair appeals his convictions for burglary, grand theft, dealing in stolen property, and conspiracy to commit burglary arising from a Palm Beach home burglary. The court affirmed convictions for burglary, dealing in stolen property, and conspiracy; reversed the grand theft
• United States v. Lokey
  945 F.2d 825· 5th Cir.· 1991-10-10 ·cited 22×·via Undue Prejudice
  The court affirmed the convictions, holding that the evidence supported a single conspiracy and that the admission of evidence predating the indictment's timeframe was permissible.
• United States v. Vogt
  910 F.2d 1184· 4th Cir.· 1990-07-26 ·cited 22×
  The court affirmed the conviction, holding that the admission of a redacted co-defendant statement was permissible and that sufficient evidence supported the RICO conviction.
• O'Dell v. Hercules Inc.
  904 F.2d 1194· 8th Cir.· 1990-05-10 ·cited 22×
  The court held that the trial court did not abuse its discretion in denying a new trial, affirming the jury's verdict for Hercules.
• United States v. Vance
  871 F.2d 572· 6th Cir.· 1989-04-04 ·cited 22×
  The court should not have admitted evidence of prior crimes to prove motive, as it constituted inadmissible propensity evidence and was unfairly prejudicial.
• United States v. Chenault
  844 F.2d 1124· 5th Cir.· 1988-04-27 ·cited 22×·via Undue Prejudice
  The court held that statements made by the defendant to FBI agents were admissible as they were not obtained in violation of Miranda rights or involuntarily, and that extrinsic evidence of selling pallets was admissible to prove intent.
• United States v. Mittleider
  835 F.2d 769· 10th Cir.· 1987-12-22 ·cited 22×
  The court held that the government sufficiently proved the defendant was a fugitive from justice and that the trial court did not err in admitting partially inaudible tape recordings, allowing jury transcripts, or giving a jury instruction on knowledge.
• United States v. LaCHANCE
  817 F.2d 1491· 11th Cir.· 1987-06-01 ·cited 22×
  The court held that the evidence was sufficient to support the convictions, the district court did not err in denying motions for severance, admitting evidence, or refusing hybrid representation.
• United States v. Davis
  787 F.2d 1501· 11th Cir.· 1986-04-28 ·cited 22×·via Prejudicial Impact
  The court held that the district court did not err in admitting evidence of a prior conviction because the defendant's misleading testimony breached a stipulation, and the conviction was used to correct a misstatement, not solely for impeachment.
• United States v. Roark
  753 F.2d 991· 11th Cir.· 1985-02-22 ·cited 22×
  The court held that the exclusion of expert psychological testimony regarding the defendant's suggestibility was an error that affected substantial rights, requiring reversal.
• Brady v. Chem. Constr. Corp.
  740 F.2d 195· 2d Cir.· 1984-07-31 ·cited 22×·via Prejudicial Impact
  The court held that the district court did not abuse its discretion in denying the insurers' motion for a new trial, and that the appeal was frivolous, warranting sanctions.