Witness Bias

352 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Wing
  Del.· 2024-08-13
  The Delaware Supreme Court affirmed the defendant's convictions for gang participation and multiple violent crimes, including murder. The court held that the trial judge did not abuse his discretion in admitting an out-of-court statement by a witness under 11 Del. C. § 3507, find
• Treminio v. Crowley Mar. Corp.
  M.D. Fla.· 2024-02-01
  The court held that termination agreements are irrelevant to TVPRA claims and thus inadmissible, but evidence of a former employee's resignation is admissible to show potential witness bias.
• State Farm Mut. Auto. Ins. Co. v. Cora Matthews
  Fla. 5th DCA· 2024-01-19
  A trial court does not abuse its discretion in denying a motion for new trial when opposing counsel's closing argument remarks, though potentially misleading, are isolated and not so highly prejudicial and inflammatory as to deprive the moving party of a fair trial.
• State Farm Mut. Auto. Ins. Co. v. Cora Matthews
  Fla. 5th DCA· 2023-11-09
  Isolated comments made by counsel during closing argument, even if misleading, do not warrant a new trial unless they are so highly prejudicial and inflammatory that they deprive the opposing party of a fair trial. The trial court's denial of a motion for new trial based on such
• Cockrum v. Sec'y Fla. Dep't Of Corr. (Duval County)
  M.D. Fla.· 2022-08-12
  Florida inmate Donmonique Cockrum sought habeas relief under 28 U.S.C. § 2254, challenging his conviction for attempted second-degree murder based on claims of ineffective assistance of both trial and appellate counsel. The district court denied all claims, finding that the recor
• Simpson v. State of Fla. & Jason Andrew Simpson v. Ricky D. Dixon
  Fla.· 2022-01-13
  Jason Andrew Simpson, a death row inmate convicted of murdering two people in 1999 based primarily on circumstantial DNA evidence and a witness confession, prevailed on a Brady violation claim when the State failed to disclose that the key defense witness was a confidential infor
• Abousharkh v. Jenkins Nissan, Inc.
  M.D. Fla.· 2021-09-17
  The court granted in part and denied in part the defendant's motion in limine, excluding evidence of changing vehicle mileage and other litigation in the case-in-chief, but allowing potential use for impeachment, and reserving ruling on the employee's criminal history and sexist
• Johnson v. Carnival Corp.
  S.D. Fla.· 2021-04-12
  The court granted in part and denied in part both plaintiff's and defendant's motions in limine, determining the admissibility of various categories of evidence for the upcoming trial.
• Ingram v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2020-09-30
  A federal district court in Florida denied Ingram's habeas corpus petition challenging his conviction for first-degree premeditated murder of Glenn Dilworth, whom Ingram fatally stabbed after an altercation over a gun confrontation. The court held that most of Ingram's ineffectiv
• Lamore v. State
  Fla. 2d DCA· 2020-09-04
  An out-of-court statement made by the alleged victim showing her motive, willingness, and propensity to fabricate sexual abuse allegations is admissible for impeachment purposes to attack the credibility and bias of the witness, and therefore satisfies the second requirement for
• V. : Ralph E. Swan
  Del. Super. Ct.· 2020-02-21
  The Court denied the defendant's motion for postconviction relief, finding that most claims were procedurally barred due to untimeliness and prior adjudication. Where claims were not procedurally barred, they were denied on the merits, as the defendant failed to demonstrate ineff
• State of Del. v. Aiken
  Del. Super. Ct.· 2020-02-19
  The Court denied the Defendant's Motion for Postconviction Relief, finding that none of the procedural bars applied and that his claims of ineffective assistance of counsel failed under the Strickland standard. The Court determined that trial counsel's strategic decisions were re
• Roberts v. State
  Fla. 1st DCA· 2019-08-23
  A peremptory challenge based on a prospective juror's limited understanding of a burden of proof hypothetical and knowledge of marijuana prices is race-neutral and does not constitute discrimination when other jurors with similar characteristics were seated. A trial court properl
• Monts v. State
  Fla. 5th DCA· 2019-08-08
  Bobbie Lee Monts appeals his felony battery conviction, challenging the admission of jail communications suggesting alibi fabrication and the trial court's limitation of cross-examination regarding the victim's deferred prosecution agreement. The court affirmed the conviction, fi
• Bellezza v. Menendez
  Fla. 4th DCA· 2019-03-06
  Financial information concerning a plaintiff attorney's relationship with treating physicians is protected by attorney-client privilege and is neither discoverable nor admissible at trial, except for letters of protection which may show bias. The trial court abused its discretion
• Elliott v. State
  267 So. 3d 1061· Fla. 1st DCA· 2019-02-27
  The trial court properly summarily denied Elliott's postconviction motion for relief because all claims of ineffective assistance of counsel and cumulative error were either facially insufficient or conclusively refuted by the record.
• In & for New Castle Cnty.
  Del. Super. Ct.· 2012-12-13
  The Delaware Supreme Court affirmed the denial of Matthew Phlipot's motion for post-conviction relief. The Court found that Phlipot's claims of ineffective assistance of counsel were without merit, as his trial counsel's actions were either reasonable, legally permissible, or did
• Yulanda E. Powell v. State
  79 So. 3d 921· Fla. 5th DCA· 2012-02-17
  The court held that the trial court erred in denying the defendant the opportunity to cross-examine her son about his juvenile probation, as this bore on his potential motive to fabricate testimony.
• 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
• Blue v. State
  8 So. 3d 454· Fla. 1st DCA· 2009-04-14
  Florida appellate court reversed a capital sexual battery conviction because the trial court improperly limited cross-examination of the alleged victim regarding her prior false allegations, violating the defendant's constitutional right to expose witness bias and credibility iss
• Liotta v. State
  939 So. 2d 333· Fla. 4th DCA· 2006-10-18
  Ralph Liotta shot and killed John Gurino in a delicatessen they co-owned and was convicted of manslaughter with a firearm despite claiming self-defense. On appeal, Liotta challenged the denial of his motion for judgment of acquittal, the jury instructions on use of deadly force,
• Sorge v. State
  915 So. 2d 707· Fla. 1st DCA· 2005-11-29
  The court held that the trial court erred in excluding evidence relevant to a prosecution witness's bias and motive to testify falsely.
• Fuller
  Del.· 2004-10-29
  The appellate court affirmed the defendant's convictions for possession of cocaine, possession of drug paraphernalia, and maintaining a vehicle for the purpose of keeping a controlled substance. However, the court vacated the defendant's sentences and remanded for resentencing, f
• Mitchell v. State
  862 So. 2d 908· Fla. 4th DCA· 2003-12-24
  Calvin Mitchell was convicted of trespass and battery following an incident at a neighbor's home. The appellate court reversed his conviction due to two significant trial errors: the trial judge's improper denial of cause challenges to biased jurors and the improper restriction o
• Smith v. State
  764 So. 2d 774· Fla. 5th DCA· 2000-07-14
  The court held that the trial court erred by refusing to give a jury instruction regarding potential bias or preferred treatment of a key state witness, even without proof of a formal deal.
• Norberto Quito v. Compania de Vapores Ocean Breeze S.A.
  743 So. 2d 1178· Fla. 3d DCA· 1999-10-27
• Miller v. State
  713 So. 2d 1082· Fla. 1st DCA· 1998-07-15
  Freddie Miller was convicted of possession of a firearm by a convicted felon after his wife called 911 claiming he had a gun. The appellate court reversed because the trial judge improperly restricted cross-examination of the wife regarding potential bias and motive to fabricate
• Lafayette Green v. State
  691 So. 2d 49· Fla. 4th DCA· 1997-04-09
  The court held that the trial court erred by excluding testimony offered to impeach the victim's credibility by showing bias or motive to lie.
• Smiley v. State
  627 So. 2d 1192· Fla. 1st DCA· 1993-11-30
  Appellants Smiley and Black appealed their convictions for mutiny/riot and related offenses at a correctional institution, challenging the trial court's exclusion of evidence about post-riot abuse by correctional officers. The court reversed and remanded for a new trial, holding
• Callins v. Collins
  998 F.2d 269· 5th Cir.· 1993-08-06
  The court affirmed the denial of the petition for writ of habeas corpus, finding no error in the district court's findings of fact and conclusions of law.
• Quinn v. Neal
  998 F.2d 526· 7th Cir.· 1993-07-13
  The court held that the trial court did not abuse its discretion in limiting cross-examination regarding abuse petitions and the defendant's ongoing relationship with the witness, as no sufficient nexus was shown to demonstrate bias or motive to lie.
• United States v. Carty
  993 F.2d 1005· 1st Cir.· 1993-05-28
  The court held that the district court did not err in denying the motion to suppress evidence seized under a warrant, nor in restricting cross-examination, nor in admitting 'other act' evidence at trial.
• Turner v. State
  596 So. 2d 527· Fla. 4th DCA· 1992-04-08
• Cruz v. State
  593 So. 2d 312· Fla. 3d DCA· 1992-02-04
  Clayton Cruz appeals his convictions for armed trespass, armed false imprisonment, aggravated assault, discharge of a firearm in public, and possession of a firearm during commission of a felony. The appellate court affirmed most convictions but reversed the firearm possession co
• Halstead Metal Prods. v. Nat'l Labor Relations Bd.
  940 F.2d 66· 4th Cir.· 1991-07-03
  The court held that the Administrative Law Judge erred by refusing to allow the employer to impeach the credibility of a key witness regarding her potential bias, and without this testimony, the circumstantial evidence was insufficient to prove an unfair labor practice.
• Pool v. Dowdle
  834 F.2d 777· 9th Cir.· 1987-12-15
  Excluding expert testimony on police identification procedures was constitutionally permissible, but excluding evidence and cross-examination regarding a witness's reprimand violated the Confrontation Clause.
• O'Reilly v. State
  516 So. 2d 106· Fla. 4th DCA· 1987-12-09
  Conviction reversed because trial court improperly excluded defense evidence of bias against the state's principal witness, violating the defendant's right to impeach credibility.
• Rodwell v. Fair
  834 F.2d 240· 1st Cir.· 1987-12-03
  The court held that the appellant's Sixth Amendment claims are barred by adequate and independent state grounds due to procedural default.
• Friddle v. State
  438 So. 2d 940· Fla. 1st DCA· 1983-10-04
  Friddle appeals his convictions for aggravated assault with a firearm and possession of a firearm by a convicted felon, challenging the trial court's admission of testimony about pending charges against a defense witness. The appellate court affirms, finding the trial error harml
• United States ex rel. Clifford Knights v. Wolff
  713 F.2d 240· 7th Cir.· 1983-07-08
  A habeas corpus petitioner is barred from raising constitutional claims in federal court if they were procedurally defaulted in state court, absent a showing of cause and actual prejudice.
• Langston v. King
  410 So. 2d 179· Fla. 4th DCA· 1982-02-10
  In this products liability appeal, the court affirmed a jury verdict in favor of the defendants but held that the trial court erred in preventing cross-examination of the defendants' expert witness about compensation agreements, though the error was deemed harmless.
• J. S. v. State
  382 So. 2d 1335· Fla. 3d DCA· 1980-04-29
• Kufrin v. State
  378 So. 2d 1341· Fla. 3d DCA· 1980-01-22
  Paul Kufrin was convicted of LSD sale based on testimony from undercover narcotics agent Charles Hitchens. The Florida appellate court reversed and remanded for a new trial because the trial judge improperly restricted cross-examination that would have exposed Hitchens' bias and
• Knott v. State
  371 So. 2d 687· Fla. 4th DCA· 1979-05-31
• Gibson v. State
  366 So. 2d 166· Fla. 3d DCA· 1979-01-16
  The court affirmed the order revoking probation and the final judgment of burglary conviction.
• State v. Brown
  343 So. 2d 629· Fla. 4th DCA· 1977-02-11
• United States v. Reed
  442 F.2d 1328· 2d Cir.· 1971-05-19
  The court held that there was no reversible error in the conviction and sentence for bank robbery.
• United States v. Cole Arba Miller
  426 F.2d 794· 4th Cir.· 1970-05-12
  The court held that the trial court did not err in limiting the defendant's cross-examination of a prosecution witness.
• Winford Gerald Caswell v. United States
  414 F.2d 38· 10th Cir.· 1969-08-19
  The court held that while the restriction on cross-examination of a government witness may have been erroneous, it was harmless error and did not warrant reversal of the conviction.
• Wynn v. United States
  397 F.2d 621· D.C. Cir.· 1967-11-16
  The court held that the trial court erred by excluding evidence of witness bias and by giving an improper jury instruction regarding absent witnesses, requiring a new trial.