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

• Kates v. State
  41 So. 3d 1044· Fla. 1st DCA· 2010-08-10 ·cited 19×·via Undue Prejudice
  Phillip Kates appealed his convictions for fleeing or attempting to elude, resisting an officer without violence, and possession of cannabis. The Florida appellate court reversed and remanded for a new trial, holding that the trial court erred in admitting detailed testimony abou
• Donnie Lee Donaldson v. State
  656 So. 2d 580· Fla. 1st DCA· 1995-06-19 ·cited 19×·via Undue Prejudice
  Donnie Lee Donaldson was convicted of cocaine sale within 1000 feet of a school, but the Florida First District Court of Appeal reversed because the trial court abused its discretion by excluding critical defense witness testimony without exploring reasonable alternatives to miti
• United States v. Naranjo
  710 F.2d 1465· 10th Cir.· 1983-07-05 ·cited 19×
  The court held that evidence of prior beatings was admissible to rebut the defense of accident, and that a crime scene photograph was not unfairly prejudicial. The evidence was sufficient to support the conviction.
• McGEE v. State
  435 So. 2d 854· Fla. 1st DCA· 1983-06-07 ·cited 19×
  McGee was convicted of escape after he fled from a courtroom while in custody on multiple capiases issued for bond estreature. McGee appealed on double jeopardy grounds (claiming his prior contempt conviction barred escape prosecution), arguing the capiases were invalid, and rais
• Demeko Ladjuan Sims v. State
  260 So. 3d 509· Fla. 1st DCA· 2018-12-10 ·cited 18×
  The court affirmed Sims's convictions for armed robbery and petit theft and his life sentence as a Prison Releasee Reoffender, holding that the convictions do not violate double jeopardy because robbery and petit theft are distinct offenses with different statutory elements, and
• Terence Tobias Oliver v. State
  214 So. 3d 606· Fla.· 2017-04-06 ·cited 18×
  The Florida Supreme Court affirmed the convictions and death sentences for two counts of first-degree murder. The court found that the trial court did not abuse its discretion in admitting evidence of a shotgun, that the prosecutor's comment on lack of remorse did not warrant a m
• Phillup Alan Partin v. State
  82 So. 3d 31· Fla.· 2011-12-01 ·cited 18×
  Phillup Alan Partin was convicted of the first-degree murder of 16-year-old Joshan Ashbrook and sentenced to death. The Florida Supreme Court affirmed his conviction and death sentence, rejecting his claims regarding evidentiary rulings, jury instructions, and the proportionality
• Johnson v. State
  842 So. 2d 228· Fla. 1st DCA· 2003-04-08 ·cited 18×
  Trial courts must accept a defendant's stipulation to his status as a sexual offender to limit prejudice, but are not precluded from instructing the jury on the proper legal elements of the crime, which necessarily include the term "sexual offender" as statutorily defined, rather
• Johnson v. State
  595 So. 2d 132· Fla. 1st DCA· 1992-02-13 ·cited 18×
  Mary Johnson appealed her cocaine possession conviction, which followed a nolo contendere plea with reserved appellate rights challenging the denial of a suppression motion. The Florida appellate court held that while probable cause existed for her arrest, the trial court reversi
• United States v. Haar
  931 F.2d 1368· 10th Cir.· 1991-04-22 ·cited 18×
  The court affirmed the conviction, holding that the trial court did not err in refusing a lesser-included offense instruction, admitting a chemical catalog, denying mistrials for alleged prosecutorial misconduct, or calculating the guideline offense level based on stipulated proj
• United States v. Lewis
  910 F.2d 1367· 7th Cir.· 1990-08-14 ·cited 18×
  The court held that the traffic stop was valid, the admission of gang membership evidence was proper, and the sentence enhancement was justified.
• United States v. Lail
  846 F.2d 1299· 11th Cir.· 1988-06-10 ·cited 18×·via Undue Prejudice
  The court held that evidence of an extrinsic bank robbery was improperly admitted under Fed.R.Evid. 404(b) because the dissimilarities between the crimes did not establish a modus operandi for identity purposes. The error was not harmless.
• United States v. Mallen
  843 F.2d 1096· 8th Cir.· 1988-04-04 ·cited 18×
  The court held that the indictment for making a false statement to the FDIC was sufficient and that evidence regarding the bank's financial condition was admissible. The court affirmed the conviction for failing to disclose loans and reinstated the conviction for failing to discl
• United States v. Hutchins
  818 F.2d 322· 5th Cir.· 1987-05-19 ·cited 18×
  The court affirmed the convictions of James and Philip Hutchins but vacated their sentences, remanding for resentencing under the correct statutory provisions in effect at the time of the offenses.
• United States v. Williams
  816 F.2d 1527· 11th Cir.· 1987-05-14 ·cited 18×·via Undue Prejudice
  The court held that the district court did not abuse its discretion in denying a new trial based on newly discovered alibi evidence and in admitting extrinsic evidence of similar acts (rapes) to prove intent.
• Hannah v. City OF Overland
  795 F.2d 1385· 8th Cir.· 1986-07-08 ·cited 18×·via Undue Prejudice
  The court held that the district court did not err in excluding alibi evidence, deposition testimony, or denying leave to amend, and that any error in admitting prior convictions was harmless.
• United States v. Schwartz
  790 F.2d 1059· 3d Cir.· 1986-05-21 ·cited 18×
  The court held that the admission of evidence of other crimes, wrongs, or acts was an abuse of discretion, as its probative value was substantially outweighed by the danger of unfair prejudice, requiring reversal.
• Williams v. Union Carbide Corp.
  790 F.2d 552· 6th Cir.· 1986-05-16 ·cited 18×
  The court held that the district court erred in limiting the defendant's examination concerning a prior lawsuit, which affected the substantive rights of the parties and requires reversal. It also held that there was insufficient evidence to support the jury's punitive damages aw
• United States v. Terrell
  754 F.2d 1139· 5th Cir.· 1985-02-14 ·cited 18×·via Prejudicial Impact
  The court affirmed the conviction, finding no reversible error in the net worth calculation, jury instructions, or evidentiary rulings.
• Harris v. State
  427 So. 2d 234· Fla. 3d DCA· 1983-02-15 ·cited 18×·via Prejudicial Impact
  The Florida Third District Court of Appeal reversed Harris's conviction and remanded for a new trial, holding that the trial court committed reversible error by denying his motion for mistrial after a police detective testified that Harris had a 'prior felony past.' The inadmissi
• Staniewicz v. Beecham, Inc.
  687 F.2d 526· 1st Cir.· 1982-09-01 ·cited 18×
  The court held that the trial judge did not err in excluding a magazine article or admitting audit testimony, and that the jury instructions were adequate.
• Garcia v. AETNA Cas. & Sur. Co.
  657 F.2d 652· 5th Cir.· 1981-08-19 ·cited 18×·via Undue Prejudice
• United States v. Barletta
  652 F.2d 218· 1st Cir.· 1981-06-29 ·cited 18×·via Prejudicial Impact
  The court held that the district court did not abuse its discretion in excluding the tape recording due to undue prejudice outweighing its probative value.
• United States v. Johnson
  634 F.2d 735· 4th Cir.· 1980-11-12 ·cited 18×·via Undue Prejudice
  The court should grant a new trial due to the admission of inadmissible hearsay evidence.
• United States v. Vandetti
  623 F.2d 1144· 6th Cir.· 1980-06-18 ·cited 18×
  The court held that admitting evidence of codefendants' prior convictions was prejudicial error, requiring reversal and remand for a new trial.
• United States v. Dunbar
  614 F.2d 39· 5th Cir.· 1980-02-28 ·cited 18×·via Prejudicial Impact
  The court affirmed the defendant's convictions for distributing controlled substances, finding no merit in his challenges to the statute, evidentiary rulings, jury instructions, or the denial of his motion for acquittal.
• United States v. Blevinal
  607 F.2d 1124· 5th Cir.· 1979-12-05 ·cited 18×
  The court held that the district court's supplemental jury instruction was not impermissibly coercive and that the evidence was sufficient to support the convictions.
• United States v. Lopez
  611 F.2d 44· 4th Cir.· 1979-11-29 ·cited 18×
  The court held that the trial court did not abuse its discretion in limiting cross-examination regarding a witness's psychiatric history and in allowing the late introduction of a stipulation into evidence.
• United States v. DeVAUGHN
  601 F.2d 42· 2d Cir.· 1979-04-05 ·cited 18×
  The court held that the admission of evidence of the defendant's subsequent possession of heroin was improper under Federal Rule of Evidence 404(b) because it was not directly relevant to an issue in the case and risked conviction based on propensity rather than guilt.
• United States v. Childs
  598 F.2d 169· D.C. Cir.· 1979-01-10 ·cited 18×
  The court held that the admission of evidence of other criminal activity was not reversible error, either because it was relevant to prove intent or because its admission was harmless error, and that the lack of a limiting instruction was not plain error.
• United States v. Ervin Cowsen
  530 F.2d 734· 7th Cir.· 1976-02-06 ·cited 18×
  The court held that the delay between the offense and indictment was not unreasonable or prejudicial, and the defendant's statements at arrest were admissible.
• United States v. Harvey
  526 F.2d 529· 2d Cir.· 1975-11-20 ·cited 18×
  The court held that extrajudicial statements made by the deceased victim were admissible as verbal acts to show his state of mind, relevant to the conspiracy charge under 18 U.S.C. § 241, and that the trial court did not abuse its discretion in admitting them despite potential pr
• Garfield Jones v. State
  32 So. 3d 706· Fla. 4th DCA· 2010-04-07 ·cited 17×
  Garfield Jones was convicted of attempted first-degree murder and armed robbery after a jury trial. The Florida Fourth District Court of Appeal reversed and remanded for a new trial, finding that the trial court failed to conduct an adequate Richardson hearing regarding a discove
• Powell v. State
  908 So. 2d 1185· Fla. 2d DCA· 2005-08-26 ·cited 17×
  Powell appeals denial of his postconviction motion for ineffective assistance of counsel under Florida Rule of Criminal Procedure 3.850, challenging his counsel's failure to object to his mother's testimony about hearsay statements from an unnamed woman connecting Powell to the m
• Eliakim v. State
  884 So. 2d 57· Fla. 4th DCA· 2004-03-10 ·cited 17×
  Alberto Eliakim appeals his conviction for trafficking and possession of MDMA, arguing the trial court erroneously excluded cross-examination evidence about his co-defendant's prior drug dealings and a state witness's prior relationships with persons arrested under her plea agree
• James v. State
  765 So. 2d 763· Fla. 1st DCA· 2000-06-26 ·cited 17×
  Derrick James was convicted of second-degree murder and carrying a concealed firearm. The court reversed his conviction because the trial court improperly allowed the prosecution to impeach witness Chad Jones with a prior inconsistent statement that was neither truly inconsistent
• United States v. Lucas
  932 F.2d 1210· 8th Cir.· 1991-04-26 ·cited 17×
  The court affirmed convictions and sentences, except for specific sentencing enhancements on certain counts, which were vacated and remanded for resentencing.
• Hines v. JOY Mfg. Co. & Long-Airdox Co.
  850 F.2d 1146· 6th Cir.· 1988-06-29 ·cited 17×
  The court held that the district court properly granted summary judgment for the manufacturer because the product was substantially altered by the employer without the manufacturer's specifications, and that the district court did not abuse its discretion in bifurcating the trial
• Johnson v. Fla. Farm Bureau Cas. Ins. Co.
  542 So. 2d 367· Fla. 4th DCA· 1988-01-20 ·cited 17×
  The personal representative of a child killed by a tractor-trailer driver appeals a judgment excluding punitive damages evidence. The court reverses and remands for a new trial on punitive damages after the Florida Supreme Court's Brackin decision made blood alcohol test results
• Watkins v. State
  516 So. 2d 1043· Fla. 1st DCA· 1987-12-15 ·cited 17×
  Dennis Watkins appeals convictions for firearm possession by a convicted felon and two failure-to-appear charges. The appellate court affirmed the convictions but reversed in part on sentencing grounds, finding that a prior conviction for a nonexistent crime cannot be used to enh
• Lucien Sherrod v. Berry
  827 F.2d 195· 7th Cir.· 1987-08-20 ·cited 17×
  The court held that the admission of evidence that the suspect was unarmed after the shooting was prejudicial and irrelevant, and that the jury instructions regarding prior misconduct were improper.
• State v. Weitz
  500 So. 2d 657· Fla. 1st DCA· 1986-12-30 ·cited 17×
  The appellate court reversed the trial court's suppression of a urinalysis report showing the presence of drugs in the defendant's urine, finding the report relevant and not unduly prejudicial in a DUI case.
• United States v. Wyatt
  762 F.2d 908· 11th Cir.· 1985-06-11 ·cited 17×·via Undue Prejudice
  The court held that evidence of a prior drug offense, even if based on a nolo contendere plea, is admissible under Fed.R.Evid. 404(b) to prove intent, provided it is relevant and its probative value is not substantially outweighed by prejudice. Objections not raised at trial are
• Brumley Estate v. Iowa Beef Processors, Inc.
  704 F.2d 1351· 5th Cir.· 1983-05-19 ·cited 17×
  The court held that the district court did not abuse its discretion in refusing to apply collateral estoppel or in excluding evidence of prior agency determinations. The court also affirmed the summary judgment dismissing the claim based on Texas Revised Civil Statutes article 69
• United States v. Free
  574 F.2d 1221· 5th Cir.· 1978-06-12 ·cited 17×
  The court held that evidence of the defendant's homosexuality and intimidation of other prisoners was admissible to prove malice aforethought for second-degree murder, and the indictment was not multiplicitous.
• Samuels v. Torres
  29 So. 3d 1193· Fla. 5th DCA· 2010-03-12 ·cited 16×
  The Florida appellate court reversed a personal injury judgment and remanded for a new trial on damages, holding that defense counsel's improper disclosure of the defendant's meager income ($1,500 per week gross, 40% profit after expenses) during opening statement improperly appe
• Odell Rutledge v. State
  1 So. 3d 1122· Fla. 1st DCA· 2009-01-21 ·cited 16×
  Odell Rutledge was convicted by jury of two counts of sexual battery against a minor under his custodial authority. On appeal, Rutledge challenged the adequacy of the trial court's Nelson inquiry regarding ineffective assistance of counsel, the failure to conduct a Faretta hearin
• Fiore v. State
  967 So. 2d 995· Fla. 5th DCA· 2007-10-26 ·cited 16×
  Hugo Fiore was convicted of lewd or lascivious conduct and two counts of capital sexual battery against an eight-year-old victim. The Florida Fifth District Court of Appeal reversed and remanded for a new trial, holding that the trial court erroneously admitted similar fact evide
• State v. Alan Ira Richman, M.D.
  861 So. 2d 1195· Fla. 2d DCA· 2003-12-10 ·cited 16×
  The State of Florida sought certiorari review of a trial court order excluding collateral crime evidence (testimony from seven former female patients alleging sexual molestation) in a prosecution of Dr. Alan Richman for sexual battery and molestation. The appellate court granted
• United States v. Pitre
  960 F.2d 1112· 2d Cir.· 1992-03-30 ·cited 16×
  The court held that the district court did not err in admitting prior act evidence and that the evidence was sufficient to support the convictions.