State v. McClain, 525 So. 2d 420 (Fla. 1988). · Go Syfert
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State v. McClain, 525 So. 2d 420 (Fla. 1988). Cases Citing This Book View Copy Cite
“this statute compels the trial court to weigh the danger of unfair prejudice against the probative value. in applying the balancing test, the trial court necessarily exercises its discretion.”
128 citation events (78 in the last 25 years) across 10 distinct courts.
Strongest positive: Elisamuel Caballero-Quinones v. Kyle T. Wilder, Wilder Outdoors LLC and Sheriff Grady C. Judd in His Official Capacity as Sheriff of Polk County, Florida (fladistctapp, 2026-04-17)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 49 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Elisamuel Caballero-Quinones v. Kyle T. Wilder, Wilder Outdoors LLC and Sheriff Grady C. Judd in His Official Capacity as Sheriff of Polk County, Florida
Fla. Dist. Ct. App. · 2026 · quote attribution · 1 verbatim quote · confidence high
this statute compels the trial court to weigh the danger of unfair prejudice against the probative value. in applying the balancing test, the trial court necessarily exercises its discretion.
discussed Cited as authority (rule) Jared Caribo v. State of Florida
Fla. Dist. Ct. App. · 2026 · confidence medium
Section 90.403 does not bar this evidence; it is directed at evidence which inflames the jury or appeals improperly to the jury’s emotions.” (quoting State v. McClain, 525 So. 2d 420, 422 (Fla. 1988))).
cited Cited as authority (rule) Ward L. Kenyon v. State of Florida
Fla. Dist. Ct. App. · 2025 · confidence medium
State v. McClain, 525 So. 2d 420, 421 (Fla. 1988).
cited Cited as authority (rule) Eric Robinson v. State of Florida
Fla. Dist. Ct. App. · 2025 · confidence medium
State v. McClain, 525 So. 2d 420, 421 (Fla. 1988).
discussed Cited as authority (rule) Young v. State of Florida
Fla. Dist. Ct. App. · 2025 · confidence medium
Relevant factors include the necessity of the evidence, the tendency of the evidence to suggest an improper basis for the jury’s verdict (e.g., emotion), the “chain of inference necessary to establish the material fact,” and “the effectiveness of a limiting instruction.” Taylor v. State, 855 So. 2d 1, 22 (Fla. 2003) (quoting State v. McClain, 525 So. 2d 420, 422 (Fla. 1988)).
discussed Cited as authority (rule) LENSKY JEANBART v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2020 · confidence medium
“The standard of review for admissibility of evidence is abuse of discretion, limited by the rules of evidence.” Holloway v. State, 114 So. 3d 296, 296 (Fla. 4th DCA 2013) (quoting Tengbergen v. State, 9 So. 3d 729, 736 (Fla. 4th DCA 2009)). “[A]ll relevant evidence is admissible unless the law otherwise provides.” State v. McClain, 525 So. 2d 420, 421 (Fla. 1988); see also § 90.402, Fla. Stat. (2019).
discussed Cited as authority (rule) Terrance Washington v. State of Florida
Fla. Dist. Ct. App. · 2019 · confidence medium
State v. McClain, 525 So. 2d 420, 422 (Fla. 1988) (quoting C.
discussed Cited as authority (rule) Philip Morris USA v. Gloger
Fla. Dist. Ct. App. · 2019 · confidence medium
“When a trial court considers the danger of unfair prejudice against the probative value of evidence, proper considerations include ‘the need for the evidence; the tendency of the evidence to suggest an improper basis to the jury for resolving the matter, e.g., an emotional basis; the chain of inference necessary to establish the material fact; and the effectiveness of a limiting instruction.’” 11 David v. Brown, 774 So. 2d 775, 777 (Fla. 4th DCA 2000) (quoting State v. McClain, 525 So. 2d 420, 422 (Fla. 1988)); see also Jones v. Alayon, 162 So. 3d 360, 365 (Fla. 4th DCA 2015) (same).
cited Cited as authority (rule) Christopher Wade v. State of Florida
Fla. Dist. Ct. App. · 2019 · confidence medium
State v. McClain, 525 So. 2d 420, 423 (Fla. 1988).
cited Cited as authority (rule) David Curtis Smith v. Secretary, Florida Department of Corrections
11th Cir. · 2018 · confidence medium
State v. McClain, 525 So. 2d 420, 422 (Fla. 1988).
cited Cited as authority (rule) Burton v. State
Fla. Dist. Ct. App. · 2018 · confidence medium
State v. McClain, 525 So. 2d 420, 422 (Fla. 1988) (quoting 1 C.
cited Cited as authority (rule) Burton v. State
Fla. Dist. Ct. App. · 2017 · confidence medium
State v. McClain, 525 So. 2d 420, 422 (Fla. 1988) (quoting 1 C.
discussed Cited as authority (rule) Reginald Greenwich v. State
Fla. Dist. Ct. App. · 2016 · confidence medium
“The unfair prejudice that section 90.403 attempts to eliminate relates to evidence that ‘inflames the jury or appeals improperly to the jury’s emotions.’ ” State v. Gerry, 855 So.2d 157, 159 (Fla. 5th DCA 2003) (quoting State v. McClain, 525 So.2d 420, 422 (Fla.1988) (additional citations omitted)).
discussed Cited as authority (rule) Hampton v. State
Fla. · 2012 · confidence medium
See Ault v. State, 53 So.3d 175, 199 (Fla.2010) (“[A] trial court’s decision to admit photographic evidence will not be disturbed absent an abuse of discretion.”), cert. denied, — U.S. -, 132 S.Ct. 224 , 181 L.Ed.2d 124 (2011); Harris, 843 So.2d at 864 (“The admission of such photographs is within the trial court’s discretion and will only be reversed when an abuse of discretion has been demonstrated.”); Rose v. State, 787 So.2d 786, 794 (Fla.2001) (“Absent a clear showing of abuse of discretion by the trial court, a ruling on admissibility of such evidence [gruesome photograph…
cited Cited as authority (rule) Harrison v. State
Fla. Dist. Ct. App. · 2010 · confidence medium
Id. (citing State v. McClain, 525 So.2d 420, 422 (Fla.1988)).
discussed Cited as authority (rule) Johnson v. State
Fla. Dist. Ct. App. · 2010 · confidence medium
Indeed, “relevancy is not the only test for admissibility.” Taylor v. State, 855 So.2d 1, 21 (Fla.2003) (citing Sexton v. State, 697 So.2d 833, 837 (Fla.1997)), Under section 90.403, Florida Statutes (2008), even if evidence is relevant, it may be inadmissible if the “probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence.” A trial court has considerable discretion in determining whether the probative value of the evidence is substantially outweighed by its prejudicial effe…
cited Cited as authority (rule) Twilegar v. State
Fla. · 2010 · confidence medium
State v. McClain, 525 So.2d 420, 422 (Fla.1988).
examined Cited as authority (rule) Burton v. Commonwealth (5×)
Ky. · 2009 · confidence medium
McClain, 525 So.2d at 423 (emphasis added). [5] Clearly, given the other proof of intoxication, McClain was properly resolved under KRE 403.
discussed Cited as authority (rule) Estrich v. State
Fla. Dist. Ct. App. · 2008 · confidence medium
This case is close to State v. McClain, 525 So.2d 420, 422 (Fla. 1988), in which the Florida Supreme Court held that evidence of a trace amount of cocaine in the defendant's blood was too prejudicial to admit in a vehicular manslaughter case, where alcohol was the cause of the driver's impairment.
cited Cited as authority (rule) Johnson v. State
Fla. · 2007 · confidence medium
Taylor v. State, 855 So.2d 1, 22 (Fla.2003) (quoting State v. McClain, 525 So.2d 420, 422 (Fla.1988)).
cited Cited as authority (rule) FINR v. Marshall
Fla. Dist. Ct. App. · 2006 · confidence medium
"In applying the balancing test [under section 90.403], the trial court necessarily exercises its discretion." State v. McClain, 525 So.2d 420, 422 (Fla.1988).
cited Cited as authority (rule) Childers v. State
Fla. Dist. Ct. App. · 2006 · confidence medium
State v. McClain, 525 So.2d 420, 422 (Fla. 1988); see Walker v. State, 707 So.2d 300, 309 (Fla.1997).
cited Cited as authority (rule) Childers v. State
Fla. Dist. Ct. App. · 2006 · confidence medium
State v. McClain, 525 So.2d 420, 422 (Fla.1988); see Walker v. State, 707 So.2d 300, 309 (Fla.1997).
cited Cited as authority (rule) Taylor v. State
Fla. · 2003 · confidence medium
State v. McClain, 525 So.2d 420, 422 (Fla. 1988) (quoting Charles W.
discussed Cited as authority (rule) State v. Sercey
Fla. Dist. Ct. App. · 2002 · confidence medium
It distinguished the "unquantified" amount of drugs in Weitz from the "unquantifiable" trace amount in McClain, and explained that this court was "correct when it rejected the trial court's conclusion that it was necessary for the toxicologist to estimate the degree of impairment caused by the existence of the drugs." Id. at 423.
discussed Cited as authority (rule) David v. Brown
Fla. Dist. Ct. App. · 2000 · confidence medium
When a trial court considers the danger of unfair prejudice against the probative value of evidence, proper considerations include “the need for the evidence; the tendency of the evidence to suggest an improper basis to the jury for resolving the matter, e.g., an emotional basis; the chain of inference necessary to establish the material fact; and the effectiveness of a limiting instruction.” State v. McClain, 525 So.2d 420, 422 (Fla.1988)(quoting Charles W.
cited Cited as authority (rule) Alonso v. State
Fla. Dist. Ct. App. · 1998 · confidence medium
See Turner v. State, 645 So.2d 444 (Fla.1994); State v. McClain, 525 So.2d 420, 421 (Fla.1988); State v. DiGuilio, 491 So.2d 1129 (Fla.1986); Mills v. State, 462 So.2d 1075, 1079 (Fla.1985).
discussed Cited as authority (rule) Steverson v. State
Fla. · 1997 · confidence medium
In State v. McClain, 525 So.2d 420, 422 (Fla.1988), we explained the balancing test a trial court must perform under section 90.403 in determining whether relevant evidence also is admissible against a defendant at trial.
discussed Cited as authority (rule) McBean v. State
Fla. Dist. Ct. App. · 1997 · confidence medium
State v. Weitz, 500 So.2d 657 (Fla. 1st DCA 1986), as clarified in State v. McClain, 525 So.2d 420, 423 (Fla. 1988), is a DUI case in which a toxicologist had testified that it was impossible to determine the defendant's degree of impairment from the presence of drugs in his urine.
discussed Cited as authority (rule) State v. Meador (2×) also: Cited "see"
Fla. Dist. Ct. App. · 1996 · confidence medium
As stated in section 90.403, Florida Statutes (1995): "Relevant evidence is inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence." The "same item of evidence may be admissible in *831 one case and not in another, depending upon the relation of that item to the other evidence." See State v. McClain, 525 So.2d 420, 422 (Fla.1988).
examined Cited as authority (rule) State v. Tagner (5×) also: Cited "see"
Fla. Dist. Ct. App. · 1996 · confidence medium
Id. at 421.
discussed Cited as authority (rule) Morowitz v. Vistaview Apartments, Ltd.
Fla. Dist. Ct. App. · 1993 · confidence medium
Relevant evidence is inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice. § 90.403, Fla. Stat. (1991); State v. *495 McClain, 525 So.2d 420, 421 (Fla. 1988).
cited Cited as authority (rule) State v. Sawyer
Fla. Dist. Ct. App. · 1990 · confidence medium
State v. McClain, 525 So.2d 420, 422-23 (Fla. 1988).
cited Cited "see" State v. Knowles
Fla. Dist. Ct. App. · 2019 · signal: see · confidence high
See State v. McClain , 525 So.2d 420 , 422 (Fla. 1988).
cited Cited "see" State v. Knowles
Fla. Dist. Ct. App. · 2019 · signal: see · confidence high
See State v. McClain , 525 So.2d 420 , 422 (Fla. 1988).
discussed Cited "see" Denmark v. State (2×)
Fla. Dist. Ct. App. · 2006 · signal: see · confidence high
See State v. McClain, 525 So.2d 420, 422 (Fla. 1988).
cited Cited "see" Brooks v. State
Fla. · 2005 · signal: see · confidence high
See id. at 422 .
cited Cited "see" Mims v. State
Fla. Dist. Ct. App. · 2004 · signal: see · confidence high
See State v. McClain, 525 So.2d 420, 422 (Fla.1988).
cited Cited "see" Chavez v. State
Fla. · 2002 · signal: see · confidence high
See State v. McClain, 525 So.2d 420, 422-23 (Fla.1988).
cited Cited "see" Hill v. State
Fla. Dist. Ct. App. · 2000 · signal: see · confidence high
See State v. McClain, 525 So.2d 420 (Fla.1988).
cited Cited "see" Mansfield v. State
Fla. · 2000 · signal: see · confidence high
See State v. McClain, 525 So.2d 420, 422 (Fla.1988).
cited Cited "see" Nichols v. Benton
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
See State v. McClain, 525 So.2d 420, 422 (Fla.1988).
discussed Cited "see" Williams v. State (2×)
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
See State v. McClain, 525 So.2d at 423 ; The Florida Bar, supra note 3, § 7.7, at 7-6. [32] In sum, proof of a typical DUI case involves both scientific and nonscientific elements: (1) Scientific tests of breath, blood, or urine showing that the driver had ingested alcohol and/or drugs. (2) Nonscientific (lay) testimony by the officer or witnesses that the driver's normal facilities were impaired.
cited Cited "see" Marchina v. State
Fla. Dist. Ct. App. · 1997 · signal: see · confidence high
See State v. McClain, 525 So.2d 420 (Fla.1988).
cited Cited "see" Melendez v. State
Fla. Dist. Ct. App. · 1997 · signal: see · confidence high
See State v. McClain, 525 So.2d 420 (Fla.1988).
cited Cited "see" Pate v. State
Fla. Dist. Ct. App. · 1997 · signal: see · confidence high
See State v. McClain, 525 So.2d 420, 422 (Fla.1988).
cited Cited "see" West v. State
Fla. Dist. Ct. App. · 1989 · signal: see · confidence high
See State v. McClain, 508 So.2d 1259 (Fla. 4th DCA 1987), aff'd. 525 So.2d 420 (Fla. 1988).
discussed Cited "see, e.g." Maldonado v. Allstate Ins. Co.
Fla. Dist. Ct. App. · 2001 · signal: see also · confidence medium
Consequently, any limited probative value Mr. Maldonado's illegal alien status may have had was thoroughly outweighed by unfair prejudice, confusion of the issues, and misleading of the jury. § 90.403; see also State v. McClain, 525 So.2d 420, 421 (Fla.1988).
cited Cited "see, e.g." Norstrom v. State
Fla. Dist. Ct. App. · 1991 · signal: see also · confidence low
See also State v. McClain, 508 So.2d 1259 (Fla. 4th DCA 1987), aff'd, 525 So.2d 420 (Fla. 1988).
Retrieving the full opinion text from the archive…
STATE of Florida, Petitioner,
v.
John McCLAIN, Respondent.
70994.
Supreme Court of Florida.
May 19, 1988.
525 So. 2d 420
Grimes.
Cited by 63 opinions  |  Published

[*421] Robert A. Butterworth, Atty. Gen., and Marilyn Eisler and Mardi Levey Cohen, Asst. Attys. Gen., West Palm Beach, for petitioner.

Michael Doddo, Plantation, for respondent.

GRIMES, Justice.

This is a petition for review of the decision in State v. McClain, 508 So.2d 1259 (Fla. 4th DCA 1987), which is in apparent conflict with State v. Weitz, 500 So.2d 657 (Fla. 1st DCA 1986). We have jurisdiction under article V, section 3(b)(3), of the Florida Constitution.

John McClain was charged with vehicular manslaughter while intoxicated, contrary to section 316.1931(2), Florida Statutes (1983). An analysis of McClain's blood taken after the accident demonstrated a blood alcohol level of .14 and a trace of cocaine. At the hearing on McClain's motion to exclude all reference to the presence of the cocaine, he introduced the deposition of a chemist from the county medical examiner's office. According to the chemist, the amount of cocaine was so small that the mass spectrometer — a scientific instrument used for qualitative analysis of chemicals — did not record its presence. The chemist was unable to state whether or not the presence of the cocaine could have affected the manner of McClain's driving. The trial court granted the motion on the premise that the prejudicial impact of such information substantially outweighed its relevance. The district court of appeal affirmed, holding that the trial court did not abuse its discretion by suppressing all evidence concerning the cocaine in McClain's blood.

We begin our analysis with the general proposition that all relevant evidence is admissible unless the law otherwise provides. § 90.402, Fla. Stat. (1985). Relevant evidence is defined as any evidence which tends to prove or disprove a material fact. § 90.401. The statute under which McClain was charged contemplates the possibility of a driver being under the influence of a drug such as cocaine. Therefore, it would appear that evidence that McClain had even a trace of cocaine in his blood would have some relevance. However, the question here is whether the evidence was properly excluded under section 90.403, Florida Statutes, which states:

Relevant evidence is inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence. This section shall not be[*422] construed to mean that evidence of the existence of available third-party benefits is inadmissible.

This statute compels the trial court to weigh the danger of unfair prejudice against the probative value. In applying the balancing test, the trial court necessarily exercises its discretion. Indeed, the same item of evidence may be admissible in one case and not in another, depending upon the relation of that item to the other evidence. E. Cleary, McCormick on Evidence, § 185 (3d ed. 1984).

Professor Ehrhardt explains the application of the statute as follows:

Although Section 90.403 is mandatory in its exclusion of this evidence, a large measure of discretion rests in the trial judge to determine whether the probative value of the evidence is substantially outweighed by any of the enumerated reasons. The court must weigh the proffered evidence against the other facts in the record and balance it against the strength of the reason for exclusion.
In excluding certain relevant evidence, Section 90.403 recognizes Florida law. Certainly, most evidence that is admitted will be prejudicial to the party against whom it is offered. Section 90.403 does not bar this evidence; it is directed at evidence which inflames the jury or appeals improperly to the jury's emotions. Only when that unfair prejudice substantially outweighs the probative value of the evidence is the evidence excluded.
... .
... In weighing the probative value against the unfair prejudice, it is proper for the court to consider the need for the evidence; the tendency of the evidence to suggest an improper basis to the jury for resolving the matter, e.g., an emotional basis; the chain of inference necessary to establish the material fact; and the effectiveness of a limiting instruction.

1 C. Ehrhardt, Florida Evidence § 403.1 at 100-03 (2d ed. 1984) (footnotes omitted).

Applying these principles to the instant case, it is clear that the probative value of the evidence of cocaine in McClain's blood was minimal. The amount of cocaine was so small that the chemist could express no opinion with respect to whether it would have had any effect at all upon McClain's driving. On the other side of the scales, McClain could have been seriously prejudiced in the eyes of the jury if it became known that he had ingested even a trace amount of cocaine. Therefore, we cannot say that the trial court abused its discretion in refusing to admit the evidence of the cocaine in McClain's blood.

The question remains as to whether this decision is in conflict with State v. Weitz. In Weitz the driver was charged with DUI in violation of section 316.193, Florida Statutes (1985). The investigating officer arrested the driver after he failed a series of field sobriety tests, because he smelled of an alcoholic beverage and admitted to having had three beers. However, two chemical breath tests revealed a .017 blood alcohol level. Because the low reading was inconsistent with the driver's apparent state of intoxication, a urine sample was taken. Analysis of the sample disclosed the presence of an unquantified amount of methaqualone, cocaine and phenobarbitol. The county judge granted the driver's motion to suppress the urinalysis report on the following basis:

1) [N]o evidence was presented that proved what effect the presence of these drugs in appellee's urine might have on his normal faculties; 2) the toxicologist's testimony revealed that it is impossible to determine within a reasonable degree of scientific probability the degree of impairment at the time of the offense based on the mere presence of drugs in appellee's urine; 3) the urinalysis results have insufficient probative value to be legally relevant; and 4) the prejudicial effect of the urinalysis results outweigh any probative value.

500 So.2d at 658.

Upon certification to the district court of appeal, the order of suppression was reversed. On the subjects of relevance and prejudice, the court said:

While it is true that knowledge that a defendant had ingested illegal drugs may prejudice some prospective jurors, it is[*423] quite another matter to say that because of such possible bias no juror in a trial for driving under the influence of alcohol or drugs may hear that the defendant had ingested drugs prior to the incident.

500 So.2d at 659. The court went on to point out in a footnote:

This trial judge's beliefs about the relevancy of drugs in the body and the prejudicial effect of that fact on the jury appear to virtually eliminate the possibility of a conviction for DUI/controlled substances in his court.

Id. at 659 n. 9.

Weitz can be distinguished if the unquantified amount of drugs in that case differed from the unquantifiable trace of cocaine in the instant case. Moreover, the district court of appeal in Weitz was correct when it rejected the trial court's conclusion that it was necessary for the toxicologist to estimate the degree of impairment caused by the existence of the drugs. On the other hand, it would appear that the appellate court may not have given sufficient deference to the trial court's exercise of discretion. In any event, we cannot subscribe to that court's suggestion that even if the defendant was unfairly prejudiced by the evidence, he could have protected himself by exercising more jury challenges.

It may be that McClain and Weitz can be reconciled when the challenged evidence is viewed in light of its relationship to the other evidence. In both cases, it could be said that the prejudicial impact of permitting the jury to hear that the defendant had taken illegal drugs was equal but that it was the difference in probative value which tipped the scales. In Weitz, the defendant's low blood alcohol test belied the other evidence of his intoxication. Thus, the presence of even a small amount of drugs in the defendant's urine was significant because it provided an explanation for his impaired conduct. In the instant case, McClain's blood alcohol level substantially exceeded the figure necessary to raise a presumption of impairment. Therefore, evidence of a trace amount of cocaine in McClain's blood added little to the state's proof of intoxication.

Thus, we cannot say that the decision in Weitz was incorrect. However, we disapprove of the opinion in that case to the extent indicated above. We approve the Fourth District Court of Appeal's decision in the instant case.

It is so ordered.

McDONALD, C.J., and OVERTON, EHRLICH, SHAW, BARKETT and KOGAN, JJ., concur.