Florida/Georgia Personal Injury & Workers Compensation

...ior inconsistent statements as substantive evidence of guilt. The state argues that we should follow the district court's conclusion that there was no error here because Smith rejected efforts of the trial court to give a cautionary instruction. [4] Section 90.107 of the Florida Statutes (1987) provides: When evidence that is admissible as to one party or for one purpose, but inadmissible as to another party or for another purpose, is admitted, the court, upon request, shall restrict such evidence to its proper scope and so inform the jury at the time it is admitted....

..." instructed as to the limited purpose for which the prior statements were admitted. Our review of the record does not support the district court's conclusion. However, because Smith did not make contemporaneous requests for instructions pursuant to section 90.107 of the Florida Statutes (1987), it does not matter whether Smith affirmatively rejected the instruction or silently waived his statutory right to such an instruction....

...reverse Williams rule evidence were not present. However, the inadmissibility of evidence for one purpose — here, as reverse Williams rule evidence — does not dictate inadmissibility for another proper purpose, specifically cross-examination. See § 90.107, Fla....

...again in reference to the carjacking. [18] *295 In Consalvo v. State, 697 So.2d 805 (Fla.1996), this Court stated that inextricably intertwined evidence may be admissible for one purpose, yet inadmissible for another purpose. See id. at 813 (citing § 90.107, Fla....

...gravating circumstance, but the victim impact evidence may be considered by you in making your decision in this matter"). Hoskins does not quarrel with the wording of the instruction or the content of *14 the statement. Instead, he argues that under section 90.107, Florida Statutes (2004), the court should have given a limiting instruction before the statement was given....

...That rule of evidence provides that "[w]hen evidence that is admissible as to one party or for one purpose, but inadmissible as to another party or for another purpose, is admitted, the court, upon request, shall restrict such evidence to its proper scope and so inform the jury at the time it is admitted." § 90.107, Fla....

...al court. Id. We held that "because appellant raises on appeal an argument that is different than the one argued to the trial court, appellant's claim is not preserved for appellate review." Id. at 330. Similarly, here, defense counsel did not raise section 90.107 in the trial court....

...Furthermore, appellant was in jail for this burglary when he placed the incriminating call to his mother and stated that the police were going to implicate him in a murder. Appellant also claims that the State improperly argued the collateral burglary as similar fact evidence in closing argument to the jury. Under section 90.107, Florida Statutes (1995), evidence that is admissible for one purpose may be inadmissible for another purpose....

...arsons' notice of revocation of acceptance. The law is clear that evidence "admissible as to one party or for one purpose, but inadmissible as to another party or for another purpose," may be admitted so long as it is restricted to its proper scope. § 90.107, Fla....

...evocation of acceptance. [2] In Cordell the court held: "the learned judge did err upon entering the order here appealed prior to discovery, prior to defendant's answer, prior to pretrial conference and prior to the taking of evidence." Id. 224. [3] § 90.107, Fla....

...1st DCA 1983), Judge Nimmons, specially concurring. When evidence is inadmissible for one purpose, but admissible for another, the court, "upon request, is required to instruct the jury as to the limited purpose for which the evidence is received." § 90.107, Fla....

...Whether the victim was helpless *1208 between the two shots was of extreme importance in the State's case. However, I would agree with the majority view that upon his request, the defendant should have been given an instruction as to the limited purpose for which the evidence was received. § 90.107, Fla....

...nce of liability for the claim or its value." § 90.408, Fla. Stat. And, under Florida's Evidence Code and this Court's precedent, evidence that is inadmissible when offered for one purpose may be admissible when offered for a different purpose. See § 90.107, Fla....

to hear the interrogator’s state*1113ments. See § 90.107, Fla. Stat. (2005). This is an example of such

...During his testimony he admitted that he had a prior conviction. However, at the time of his testimony, counsel did not request a limiting instruction pursuant to Florida Standard Jury Instruction 3.10: CONVICTION OF CERTAIN CRIMES AS IMPEACHMENT (NEW) F.S. 90.107, 90.610(1) Note to Judge: To be given at the time the evidence is admitted, if requested....

...Manor's prior inconsistent statements could be considered by the jury solely for impeachment purposes and not as substantive evidence. The request was denied. We conclude that the request was untimely and sustain the denial on that basis. "[S]ection 90.107, Florida Statutes, provides that where evidence is properly admitted for a limited purpose such as to cast doubt on a witness's credibility, `the court, upon request, shall restrict such evidence to its proper scope and so inform the jury at the time it is admitted.' (Emphasis supplied.)" Lightfoot v....

...Such evidence of threats is, of course, subject to exclusion under section 90.403, Florida Statutes, if the probative value is outweighed by unfair prejudice. See Koon v. State, 513 So.2d at 1256; State v. Price, 491 So.2d at 537. Where such evidence is allowed, a limiting instruction should be given if requested. See § 90.107(1), Fla....

...As a general rule, evidence which is inadmissible for one purpose may be admissible for another purpose. Breedlove v. State, 413 So.2d 1 (Fla.), cert. denied, 459 U.S. 882, 103 S.Ct. 184, 74 L.Ed.2d 149 (1982); C.W. Ehrhardt, Florida Evidence § 107.1 (2d ed. 1984); see § 90.107, Fla....

...witness but not as substantive evidence. [1] When evidence admissible for one purpose, but inadmissible for another, is admitted, the court, upon request, is required to instruct the jury as to the limited purpose for which the evidence is received. Section 90.107, Florida Statutes (1981)....

...s here, for impeachment purposes, but inadmissible as substantive evidence. Johnson v. State, 249 So.2d 470 (Fla. 3rd DCA 1971); Walter v. State, 272 So.2d 180 (Fla. 3rd DCA 1973). It is apparent, however, from those cases and from the provisions of Section 90.107 that a party must request a limiting instruction in order to be entitled to assert error by reason of the court's failure to so instruct....

...been convicted of a crime if the crime was punishable by death or imprisonment in excess of 1 year under the law under which he was convicted, or if the crime involved dishonesty or a false statement regardless of the punishment." In a related vein, section 90.107, Florida Statutes, provides that where evidence is properly admitted for a limited purpose such as to cast doubt on a witness's credibility, "the court, upon request, shall restrict such evidence to its proper scope and so inform the jury at the time it is admitted....

...Moreover, the manner in which the impeachment testimony was elicited was in strict compliance with the procedure outlined in the statute. By the same token, the testimony concerning prior felony convictions was appropriate for a limiting instruction pursuant to section 90.107, Florida Statutes, had such request been made when the impeachment testimony was admitted....

...lant's step-father), with his out-of-court statements to police. Counsel should have requested an instruction limiting the use of this evidence to the jury's assessment of the witness' credibility. See State v. Smith, 573 So.2d 306, 316 (Fla.1990) ("Section 90.107 of the Florida Statutes (1987) [1] provides: `When evidence that is admissible as to one party or for one purpose, but inadmissible as to another party or for another purpose, is admitted, the court, upon request, shall restrict such e...

...While plaintiffs had the burden of showing that the Club and Association knew that a dangerous condition existed, that burden does not mean that this evidence was inadmissible. The near misses surely were relevant to the issue whether the dangerous condition actually existed. Under section 90.107, Florida Statutes (1991), evidence that is admissible to show one discrete issue is not totally inadmissible simply because it is not admissible on another issue....

CONVICTION OF CERTAIN CRIMES AS IMPEACHMENT (NEW) F.S. 90.107, 90.610(1) Note to Judge: To be given at the

regarding its use against the Pitts defendants. § 90.107, Fla.Stat. (1987). While this potential prejudice

trial. Contrary to the explicit mandate of section 90.107, Florida Statutes (1991),1 the trial court

purpose may, however, be admissible for another, Section 90.107, Florida Statutes (1987); see Hunt v. Seaboard

...rejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence." In addition, relevant evidence may be "admissible as to one party or for one purpose, but inadmissible as to another party or for another purpose." § 90.107, Fla. Stat. (2008). When such evidence is admitted, "the court, upon request, shall restrict [that] evidence to its proper scope and so inform the jury at the time it is admitted." § 90.107 (emphasis added). Thus, if the contested evidence was relevant to any of the claims against Ellis, it could properly be admitted under sections 90.403 and 90.107....