Annotations, Discussions, Cases:
Cases Citing Statute 90.401
Total Results: 296
758 So. 2d 636, 2000 WL 329422
Supreme Court of Florida | Filed: Mar 30, 2000 | Docket: 760844
Cited 108 times | Published
...this did go on for a while. I can't tell you exactly how long, just that it wasn't quick. It was more than a few minutes. [8] Dr. Martin testified that Robles had a blood alcohol level of .14. [9] Richardson v. State, 246 So.2d 771 (Fla. 1971). [10] Section 90.401, Florida Statutes (1999), provides: "Relevant evidence is evidence tending to prove or disprove a material fact." Section 90.403, Florida Statutes (1999), provides in pertinent part: "Relevant evidence is inadmissible if its probative...
533 So. 2d 270, 1988 WL 101552
Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 401031
Cited 97 times | Published
...dence which tended to prove that he had committed just such a crime in Daytona Beach only two months before. An admission may be admissible if it is relevant, and relevant evidence is defined as evidence tending to prove or disprove a material fact. § 90.401, Fla....
707 So. 2d 300, 1997 WL 539438
Supreme Court of Florida | Filed: Sep 4, 1997 | Docket: 1260222
Cited 88 times | Published
...le too. Or I can do that. That's what he said. And he went on to say an abortion would keep their lives peaceful. We begin our analysis with the well-settled rule that relevant evidence is evidence which tends "to prove or disprove a material fact," § 90.401, Fla....
...Williams' testimony that drowning was a cause of death and that Ms. Jones was alive when she was thrown into the water, is sufficient to establish beyond a reasonable doubt that she was conscious. Consequently, Dr. Williams' testimony was admissible under sections 90.401 and 90.403 as relevant and probative of the struggle and panic Ms....
639 So. 2d 966, 1994 WL 318674
Supreme Court of Florida | Filed: Jul 7, 1994 | Docket: 1310337
Cited 85 times | Published
...Griffin also argues that the evidence was not relevant to prove any material issue in the case. Generally, the test for the admissibility of evidence is relevance. § 90.402, Fla. Stat. (1991). Relevant evidence is defined as "evidence tending to prove or disprove a material fact." § 90.401, Fla....
719 So. 2d 1197, 1998 WL 670380
Supreme Court of Florida | Filed: Oct 1, 1998 | Docket: 2518352
Cited 80 times | Published
...e's testimony. We begin our analysis with the basic proposition that in order to be admissible, evidence must be relevant. See § 90.402, Fla. Stat. (1995). Relevant evidence is defined as evidence "tending to prove or disprove a material fact." Id. § 90.401....
723 So. 2d 148, 1998 WL 574303
Supreme Court of Florida | Filed: Sep 10, 1998 | Docket: 2527467
Cited 76 times | Published
...State, 452 So.2d 520, 523 (Fla.1984). We agree with the trial court that the substance of what was said on the videotape concerned the crime for which appellant was charged and tended to prove a material fact; thus it was relevant evidence as defined by section 90.401, Florida Statutes (1995)....
...court erred in denying a defense motion to prohibit imposition of the death penalty because of appellant's mental age; and (17) the death sentence is disproportionate. [11] Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). [12] Section 90.401, Florida Statutes (1995), provides: "Relevant evidence is evidence tending to prove or disprove a material fact." [13] Section 90.403, Florida Statutes (1995), provides in pertinent part: "Relevant evidence is inadmissible if its proba...
855 So. 2d 1, 2003 WL 21283161
Supreme Court of Florida | Filed: Jun 5, 2003 | Docket: 1752466
Cited 66 times | Published
...The trial court examined the application, overruled Taylor's objection, and entered the application into evidence. Under section 90.402, Florida Statutes (1999), "[a]ll relevant evidence is admissible, except as provided by law." Relevant evidence is evidence that tends "to prove or disprove a material fact." § 90.401, Fla....
...In the instant case, Taylor's collateral bad act involved lying on the credit application. Taylor was not being tried for fraudulently trying to obtain credit, or some similar crime, and thus general relevancy rules would control the admissibility of the credit application. See §§ 90.401-90.402, Fla....
969 So. 2d 938, 2007 WL 1933048
Supreme Court of Florida | Filed: Jul 5, 2007 | Docket: 1403693
Cited 55 times | Published
...We agree that because the defendant related the statement and said it was made while he was choking the victim, it was relevant in the guilt phase to establish the element of premeditation for first-degree murder. Evidence tending to prove or disprove a material fact is admissible except as provided by law. §§ 90.401-90.402, Fla....
...parties, the manner in which the homicide was committed, and the nature and manner of the wounds inflicted." Sochor v. State, 619 So.2d 285, 288 (Fla.1993) (quoting Larry v. State, 104 So.2d 352, 354 (Fla.1958)). Applying the test of relevance from section 90.401 as the tendency to prove or disprove a material fact, premeditation can also be inferred from evidence that the defendant persisted in strangling a victim who asked for his or her children....
55 So. 3d 543, 35 Fla. L. Weekly Supp. 723, 2010 Fla. LEXIS 2087, 2010 WL 4977477
Supreme Court of Florida | Filed: Dec 9, 2010 | Docket: 59052
Cited 52 times | Published
..."[R]emoteness of a prior crime is one aspect of its relevance, its tendency to prove or disprove a material fact in issue." Duffey v. State, 741 So.2d 1192, 1197 (Fla.4th DCA 1999) (citing McGough v. State, 302 So.2d 751, 754 (Fla.1974)); see Williams, 110 So.2d at 662; Griswold v. State, 77 Fla. 505, 82 So. 44, 49 (1919); § 90.401, Fla....
525 So. 2d 420, 1988 WL 50191
Supreme Court of Florida | Filed: May 19, 1988 | Docket: 1304680
Cited 48 times | Published
...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....
9 So. 3d 593, 34 Fla. L. Weekly Supp. 299, 2009 Fla. LEXIS 467, 2009 WL 775388
Supreme Court of Florida | Filed: Mar 26, 2009 | Docket: 401036
Cited 44 times | Published
...uirre in her home prior to the murders because the testimony was irrelevant and highly prejudicial. We disagree. We conclude that the testimony was relevant and did not violate section 90.403, Florida Statutes (2008). Relevant evidence is defined in section 90.401, Florida Statutes (2008), as "evidence tending to prove or disprove a material fact." Further, "[a]ll relevant evidence is admissible, except as provided by law." § 90.402, Fla....
426 So. 2d 76
District Court of Appeal of Florida | Filed: Feb 8, 1983 | Docket: 510869
Cited 40 times | Published
...ical way of utilizing the results of scientific advances. McCormick, supra, § 203 at 491 (footnotes omitted). The above view accords fully with the Florida Evidence Code. See Ch. 90, Fla. Stat. (1979). The material sections of the code are Sections 90.401, .402 and .403, which we are required to read in pari materia....
...886, 890 (1932). "The relevancy of a fact to the issue being tried is ordinarily a question of logic rather than one of law." 23 Fla.Jur.2d Evidence and Witnesses § 123 (1980). Consequently, whether a fact at issue is logically relevant is controlled by Section 90.401, stating that "[r]elevant evidence is evidence tending to prove or disprove a material fact." Because the bank teller's testimony in the case at bar was the crucial evidence identifying appellant as the individual who committed the off...
...State, 398 So.2d 926, 930 (Fla. 1st DCA 1981), rev. denied, 412 So.2d 470 (Fla. 1982). [19] One might well ask, in a jurisdiction that has previously adopted Frye, whether the rule survives a subsequent enactment of an evidence code embracing the "relevancy" test. Sections 90.401-.403, Florida Statutes, are patterned after Rules 401, 402 and 403 of the Federal Rules of Evidence, 28 U.S.C....
891 So. 2d 455, 2004 WL 2797213
Supreme Court of Florida | Filed: Dec 2, 2004 | Docket: 1349807
Cited 37 times | Published
...1st DCA 1992) (standard of review of a lower tribunal's ruling on a motion in limine is abuse of discretion); Swanson v. State, 823 So.2d 281 (Fla. 5th DCA 2002). 2. Merits "Relevant evidence is evidence tending to prove or disprove a material fact." § 90.401, Fla....
42 So. 3d 177, 35 Fla. L. Weekly Supp. 13, 2010 Fla. LEXIS 4, 2010 WL 26512
Supreme Court of Florida | Filed: Jan 7, 2010 | Docket: 2398178
Cited 36 times | Published
...Yet a court's discretion is not boundless, and it may be constrained by legal precepts such as the rules of evidence, Johnston v. State, 863 So.2d 271, 278 (Fla.2003), and the principle of stare decisis. McDuffie v. State, 970 So.2d 312, 326 (Fla.2007). Section 90.401, Florida Statutes (2007), defines relevant evidence thusly: "Relevant evidence is evidence tending to prove or disprove a material fact." And section 90.402 provides that "[a]ll relevant evidence is admissible, except as provided by law." § 90.402, Fla....
926 So. 2d 1118, 2006 WL 240418
Supreme Court of Florida | Filed: Feb 2, 2006 | Docket: 467119
Cited 36 times | Published
...y because the defense had "gotten to" her. Furthermore, we find that both Munroe's testimony regarding her conversations with Penalver's attorney and the jail records detailing Penalver's visits with his attorney were irrelevant and prejudicial. See § 90.401, Fla....
23 So. 3d 87, 34 Fla. L. Weekly Supp. 645, 2009 Fla. LEXIS 1954, 2009 WL 4061285
Supreme Court of Florida | Filed: Nov 25, 2009 | Docket: 1657703
Cited 35 times | Published
...State, 855 So.2d 1, 21 (Fla.2003) (quoting Sexton v. State, 697 So.2d 833, 837 (Fla.1997)). Generally, all relevant evidence is admissible, unless excluded by law. § 90.402, Fla. Stat. (2004). "Relevant evidence is evidence tending to prove or disprove a material fact." § 90.401, Fla....
66 So. 3d 866, 36 Fla. L. Weekly Supp. 273, 2011 Fla. LEXIS 1343, 2011 WL 2374188
Supreme Court of Florida | Filed: Jun 16, 2011 | Docket: 2362063
Cited 33 times | Published
...r she believed it to be true. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is inadmissible, unless corroborating circumstances show the trustworthiness of the statement. (Emphasis added.) [3] § 90.401, Fla....
674 So. 2d 826, 1996 WL 252233
District Court of Appeal of Florida | Filed: May 15, 1996 | Docket: 1195272
Cited 31 times | Published
...he scientific validity and reliability of the field sobriety tests in predicting impairment. The county court certified two questions as being of great public importance: (1) are field sobriety exercises sufficiently reliable to be probative under F.S. 90.401 in proving impairment of one's normal faculties in the prosecution of a DUI offense; and (2) if answered in the affirmative, then does the likelihood of any unfair prejudice require their exclusion in those prosecutions under F.S....
...issibility of field sobriety test evidence in DUI prosecutions within this district. We, however, rephrase the certified questions, as follows: (1) ARE LAY OBSERVATIONS CONCERNING A DEFENDANT'S PERFORMANCE OF FIELD SOBRIETY *828 TESTS RELEVANT UNDER SECTION 90.401, FLORIDA STATUTES, IN PROVING IMPAIRMENT OF ONE'S NORMAL FACULTIES IN THE PROSECUTION OF A DUI OFFENSE? (2) IF ANSWERED IN THE AFFIRMATIVE, IS THE PROBATIVE VALUE OF THE TESTIMONY ON FIELD SOBRIETY TESTS SUBSTANTIALLY OUTWEIGHED BY THE...
710 So. 2d 24, 1998 WL 116170
District Court of Appeal of Florida | Filed: Mar 18, 1998 | Docket: 1731548
Cited 31 times | Published
...[13] III. ADMISSIBILITY UNDER THE RELEVANCY STANDARD Having determined the Frye general acceptance standard is inapplicable, we next address the relevancy and admissibility of the protocol under Chapter 90, Florida Evidence Code, Florida Statutes (1997). Section 90.401, Florida Statutes (1997), defines relevant *33 evidence as "evidence tending to prove or disprove a material fact." All relevant evidence is admissible unless the party seeking to exclude the evidence can show its exclusion is required on grounds of prejudice or confusion....
944 So. 2d 1207, 2006 WL 3734363
District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 3281
Cited 29 times | Published
...vant to a material issue at trial. THE LAW IN GENERAL Generally, all relevant evidence is admissible, unless precluded by law. See § 90.402, Fla. Stat. (2003). Relevant evidence is defined as "evidence tending to prove or disprove a material fact." § 90.401, Fla....
859 So. 2d 495
Supreme Court of Florida | Filed: Sep 11, 2003 | Docket: 1284596
Cited 28 times | Published
...matter under section 90.604, Florida Statutes (2001), his continued statement on "what they had said" was simply nonresponsive to defense counsel's question. Further, the additional statement was not claimed to prove or disprove a material fact. See § 90.401, Fla....
...First, Miriam's testimony about what Rivera was experiencing would not have been based on her own personal knowledge. See § 90.604, Fla. Stat. (2001). Second, testimony about Miriam's own drug abuse would not prove or disprove a material fact as to Rivera's drug use. See § 90.401, Fla....
586 So. 2d 1085, 1991 WL 133574
District Court of Appeal of Florida | Filed: Oct 14, 1991 | Docket: 473454
Cited 28 times | Published
...I agree with Judge Ervin, for the reasons stated in his opinion, that appellant's alternative objection based on the Frye test was likewise well taken. I likewise agree with Judge Wolf's opinion that testimony of this nature is in all events inadmissible under sections 90.401, 90.403 and 90.404 of the Florida Evidence Code for the reasons he discusses, although it should be noted that this specific ground apparently was not presented to the trial court....
...[37] The disputed evidence involves a psychological profile of sexual abusers. [38] This type of evidence must be excluded for several reasons: (1) It unfairly misdirects the focus of the criminal proceeding and is not relevant to the issues to be decided, section 90.401, Fla....
...ship must be excluded. For instance, evidence that a particular racial or religious group is more likely to commit certain types of crimes would certainly be inadmissible. The disputed evidence is not material to the question of a defendant's guilt. § 90.401, Fla....
...t case in the argument that the evidence was not material. [38] It is unnecessary to determine whether the evidence of psychological profiles of sexual abusers complies with Frye because the evidence in the instant case would be inadmissible under §§ 90.401-90.404, Fla....
801 So. 2d 78, 2001 WL 1241060
Supreme Court of Florida | Filed: Oct 18, 2001 | Docket: 1495138
Cited 27 times | Published
...State, 531 So.2d 124 (Fla.1988) (recognizing a different standard for judging the admissibility and relevance of evidence in the penalty phase than in the guilt phase). It is also a well-settled rule that relevant evidence is evidence which tends "to prove or disprove a material fact," § 90.401, Fla....
548 So. 2d 656, 1989 WL 104498
Supreme Court of Florida | Filed: Sep 7, 1989 | Docket: 1333084
Cited 26 times | Published
...bility. E. Cleary, McCormick on Evidence § 45 (3d ed. 1984) (footnote omitted). A contrary view is expressed in Handbook of Florida Evidence: [T]he trend appears in favor of permitting the introduction of evidence of narcotic addiction. Pursuant to Section 90.401, evidence of narcotic addiction possesses at least the minimum probative value necessary to establish relevancy, with or without the aid of an expert *658 witness to interpret the effect of narcotic addiction on the particular witness....
810 So. 2d 836, 2001 WL 1628609
Supreme Court of Florida | Filed: Dec 20, 2001 | Docket: 1223954
Cited 24 times | Published
...ion may testify about it in the form of an opinion; however, the opinion is admissible only if it can be applied to evidence at trial. § 90.702, Fla. Stat. (2000). All evidence, including expert testimony, is subject to the requirements of sections 90.401, 90.402, and 90.403, which address relevancy and reliability. Section 90.401 defines relevant evidence as evidence that is both probative and material: 90.401 Definition of relevant evidence. Relevant evidence is evidence tending to prove or disprove a material fact. § 90.401, Fla....
531 So. 2d 1256, 1988 WL 96024
Supreme Court of Florida | Filed: Sep 15, 1988 | Docket: 544210
Cited 23 times | Published
...The possession of the weapon, the firing of the weapon, the retrieval of the bullet fired from the weapon from Coney's body, and the comparison of the two bullets are all essential factors in linking the murder weapon to Amoros. These factors meet the test of relevancy contained in section 90.401, Florida Statutes (1987)....
800 So. 2d 631, 2001 WL 1219484
District Court of Appeal of Florida | Filed: Oct 12, 2001 | Docket: 251959
Cited 22 times | Published
...Alanna and Devin did not choose Tim Davidson as their new father; rather, Carrie chose him as her husband. His presence in the home does not mitigate the loss sustained by these children. For evidence to be admissible, it must be relevant. Relevant evidence is evidence tending to prove or disprove a material fact. See § 90.401, Fla....
511 So. 2d 583
District Court of Appeal of Florida | Filed: Sep 16, 1987 | Docket: 1700760
Cited 21 times | Published
...The test for admissibility of evidence is relevance, not necessity. In general, any facts relevant to prove a fact in issue is admissible unless admission is precluded by specific rule. E.g., Williams v. State, 110 So.2d 654 (Fla.), cert. denied, 361 U.S. 847, 80 S.Ct. 102, 4 L.Ed.2d 86 (1959). According to section 90.401, Florida *589 Statutes (1985), relevant evidence is evidence that tends to prove or disprove a material fact....
467 So. 2d 401, 10 Fla. L. Weekly 800
District Court of Appeal of Florida | Filed: Mar 27, 1985 | Docket: 1274354
Cited 21 times | Published
..."There are, of course, two forms of relevancy: logical and legal. The relevancy of a fact to the issue being tried is ordinarily a question of logic rather than one of law. Consequently, whether a fact at issue is logically relevant is controlled by Section 90.401, stating that `[r]elevant evidence is evidence tending to prove or disprove *403 a material fact.'" Brown v....
737 So. 2d 1208, 1999 WL 534733
District Court of Appeal of Florida | Filed: Jul 27, 1999 | Docket: 1709666
Cited 21 times | Published
...In the case at bar, defense counsel sought to introduce prior statements made by Howard that are inconsistent with her trial testimony, and thereby challenge her credibility and show her bias or improper motive. "Relevant evidence is evidence tending to prove or disprove a material fact." § 90.401, Fla....
714 So. 2d 470, 1998 WL 219717
District Court of Appeal of Florida | Filed: May 6, 1998 | Docket: 461491
Cited 20 times | Published
...error to deny its admission." Rivera v. State, 561 So.2d 536, 539 (Fla.1990). Here the state's objection to the proffered letters was relevancy. The Florida Evidence Code defines relevancy as "evidence tending to prove or disprove a material fact." § 90.401, Fla....
702 So. 2d 527, 1997 WL 656288
District Court of Appeal of Florida | Filed: Dec 24, 1997 | Docket: 460191
Cited 20 times | Published
...In this light, so long as the evidence of the condition of the Defendant's car tends to either prove or disprove whether the Defendant knowingly drove under circumstances that might generally jeopardize others' safety, then the evidence is relevant. § 90.401, Fla....
..., were found on top of the eighteen-month-old's body. Thus, we conclude that the evidence of the victim's pregnancy was irrelevant because it neither proves nor disproves any material issue in the case, and as such, it should have been excluded. See § 90.401....
639 So. 2d 72, 1994 WL 195248
District Court of Appeal of Florida | Filed: May 20, 1994 | Docket: 1310321
Cited 19 times | Published
...We do not suggest, nor is there a need for, a new rule to determine relevancy. Relevancy and relevant evidence have been determined by Florida courts to be "evidence tending to prove or disprove a material fact." Charles W. Ehrhardt, Florida Evidence § 90.401 (1992); see also John Henry Wigmore, Evidence § 2 (Peter Tiller ed., 3d ed....
812 So. 2d 487, 2002 WL 384970
District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 1364310
Cited 19 times | Published
...ade. A trial court's ruling on the admissibility of evidence will not be disturbed absent an abuse of discretion. See Blanco v. State, 452 So.2d 520, 523 (Fla.1984). Evidence is admissible if it tends "to prove or disprove a material fact" at issue, § 90.401, Fla....
617 So. 2d 1046, 1993 WL 64614
Supreme Court of Florida | Filed: Mar 11, 1993 | Docket: 457879
Cited 18 times | Published
...d light. See Swafford v. State, 533 So.2d 270, 275 n. 5 (Fla. 1988), cert. denied, 489 U.S. 1100, 109 S.Ct. 1578, 103 L.Ed.2d 944 (1989). However, like all evidence, the statements will only be admitted if relevant to prove a material fact in issue. § 90.401, Fla....
908 So. 2d 412, 2005 WL 1577707
Supreme Court of Florida | Filed: Jul 7, 2005 | Docket: 1724837
Cited 18 times | Published
...person leaving the crime scene could be excluded from the trial based on relevancy simply because the witness did not state explicitly that he saw Hendrix. Relevant evidence is defined as "evidence tending to prove or disprove a material fact." See § 90.401, Fla....
624 So. 2d 1148, 1993 WL 349937
District Court of Appeal of Florida | Filed: Sep 15, 1993 | Docket: 475758
Cited 16 times | Published
...t a high rate of speed, in a residential neighborhood, when he struck Westlund. He claims that, because he admitted liability, this evidence was logically irrelevant and highly prejudicial. [2] Whether evidence is logically relevant is controlled by section 90.401, Florida Statutes (1991), which states, "Relevant evidence is evidence tending to prove or disprove a material fact." All relevant evidence is admissible unless its probative value is substantially outweighed by the danger of unfair prejudice, or unless otherwise excluded by law....
53 So. 3d 208, 35 Fla. L. Weekly Supp. 571, 2010 Fla. LEXIS 1637, 2010 WL 3909803
Supreme Court of Florida | Filed: Oct 7, 2010 | Docket: 2407270
Cited 16 times | Published
...ry to establish the material fact, and the effectiveness of a limiting instruction." Id. (citing Taylor v. State, 855 So.2d 1, 22 (Fla.2003)). However, "[a]ll relevant evidence is admissible, except as provided by law." § 90.402, Fla. Stat. (2009). Section 90.401, Florida Statutes, defines relevant evidence as "evidence *219 tending to prove or disprove a material fact." Because we find Mr....
4 So. 3d 1274, 2009 Fla. App. LEXIS 2935, 2009 WL 839036
District Court of Appeal of Florida | Filed: Apr 1, 2009 | Docket: 1218113
Cited 16 times | Published
...Thus, Masaka established this requirement for admitting Panzo's statements. B. Relevance Given Panzo's unavailability, the next question is whether the proffered evidence was relevant to Masaka's misidentification defense. Relevant evidence is defined as that which "tend[s] to prove or disprove a material fact." § 90.401....
470 So. 2d 770, 10 Fla. L. Weekly 1406
District Court of Appeal of Florida | Filed: Jun 7, 1985 | Docket: 1676407
Cited 15 times | Published
...eighed by its prejudicial impact. Ibn-Tamas I, 407 A.2d at 632. The Ibn-Tamas application of the general acceptance standard is inconsistent with those provisions of the code pertaining to the admissibility of expert testimony, particularly Sections 90.401, .402, .403, and .702, Florida Statutes. Section 90.401 defines relevant evidence as "evidence tending to prove or disprove a material fact." McCormick explains that the term "relevant", as so used, concerns the two components of relevancy: material and probative value; the former meaning e...
...atter, evidence having a tendency to establish the proposition it is offered to prove. McCormick, supra, § 185, 541-542. Section 90.402 next provides that "[a]ll relevant evidence is admissible, except as provided by law." When considering sections 90.401 and 90.402 in pari materia with section 90.702 (imposing, as does Federal Rule 702, a two-part test for the admissibility of expert testimony: (1) that the scientific knowledge "assist the trier of fact in understanding the evidence or in dete...
393 So. 2d 1142
District Court of Appeal of Florida | Filed: Feb 3, 1981 | Docket: 1372623
Cited 15 times | Published
...m. [e.s.] See also, Williams v. Jacksonville Electric Authority, supra. The reason for this is clear. The comparable sales doctrine is essentially one of relevance. Applying the definition of relevant evidence contained in the Florida Evidence Code, Section 90.401, Florida Statutes (1979), it simply cannot be said that the fact that the Broward property sustained X dollars in severance damages because of the embankment "tend[s] to prove or disprove [the] material fact" of whether or how much damage was sustained by the entirely different parcel involved in this case....
736 So. 2d 1160, 1999 WL 394284
Supreme Court of Florida | Filed: Jun 10, 1999 | Docket: 1736543
Cited 14 times | Published
...Stat. (1985); Thompson v. State, 705 So.2d 1046 (Fla. 4th DCA 1998); Johnson v. State, 691 So.2d 43, 44 (Fla. 2d DCA 1997). Aside from being hearsay, this testimony by Kling was inadmissible because it was not relevant to a material fact in issue. § 90.401, Fla....
32 So. 3d 706, 2010 Fla. App. LEXIS 4494, 2010 WL 1329047
District Court of Appeal of Florida | Filed: Apr 7, 2010 | Docket: 1198638
Cited 14 times | Published
...e of this evidence was outweighed by its prejudicial effect. We conclude that the trial court erred in denying the motion and admitting the gun cleaning kit into evidence. "Relevant evidence is evidence tending to prove or disprove a material fact." § 90.401, Fla....
964 So. 2d 121, 2007 WL 1498954
Supreme Court of Florida | Filed: May 24, 2007 | Docket: 1268267
Cited 13 times | Published
...State, 561 So.2d 536, 539 (Fla.1990). "However, the admissibility of this evidence must be gauged by the same principle of relevancy as any other evidence offered by the defendant." Id. Relevant evidence is defined as "evidence tending to prove or disprove a material fact." § 90.401, Fla....
939 So. 2d 1175, 2006 WL 3018232
District Court of Appeal of Florida | Filed: Oct 25, 2006 | Docket: 1657499
Cited 12 times | Published
...State, 798 So.2d 870, 874 (Fla. 4th DCA 2001). "All relevant evidence is admissible, except as provided by law." Elysee v. State, 920 So.2d 1205, 1208 (Fla. 4th DCA 2006). "Relevant evidence is evidence tending to prove or disprove a material fact." § 90.401, Fla....
944 So. 2d 270, 2006 WL 3228813
Supreme Court of Florida | Filed: Nov 9, 2006 | Docket: 1649422
Cited 12 times | Published
...nce of a collateral crime (i.e., dealing in stolen property) that should not have been admitted. Evidence is generally admissible, provided that it is relevant. Relevant evidence is defined as "evidence tending to prove or disprove a material fact." § 90.401, Fla....
754 So. 2d 731, 2000 WL 201790
District Court of Appeal of Florida | Filed: Jan 12, 2000 | Docket: 430885
Cited 12 times | Published
...Still, I fret over the court's ultimate conclusion because its reasoning was faulty in another important way: its concept of relevance was incomplete. Certainly, evidence is relevant if it tends to prove a material fact. But evidence also is relevant if it tends to disprove a material fact. See § 90.401, Fla....
765 So. 2d 920, 2000 WL 1206393
District Court of Appeal of Florida | Filed: Aug 25, 2000 | Docket: 1522966
Cited 12 times | Published
...and satisfaction, a settlement agreement, or a novation as a matter of law, we do not agree that the "contract confirmation" is irrelevant. The "contract confirmation" clearly establishes many of the facts upon which Wolowitz's action is based. See § 90.401, Fla....
515 So. 2d 206, 12 Fla. L. Weekly 553
Supreme Court of Florida | Filed: Nov 5, 1987 | Docket: 1749258
Cited 11 times | Published
...On the relevancy question, I would point out that in this case it was not necessary for the state to prove that the accused had normal faculties because the defense never raised the issue. [*] Thus, the in-court demonstrations did not tend to resolve an issue of material fact and clearly were irrelevant. See § 90.401, Fla....
936 So. 2d 585, 2006 WL 2620262
District Court of Appeal of Florida | Filed: Feb 2, 2006 | Docket: 109021
Cited 11 times | Published
...1st DCA 2003) (quoting Nardone v. State, 798 So.2d 870, 874 (Fla. 4th DCA 2001)). Under the rules of evidence, Appellant could attack Junior's credibility by "showing that a witness is biased." § 90.608(2), Fla. Stat. (2002). The relevancy standards of section 90.401 and section 90.403 limit the scope of evidence available to show Junior's bias. Section 90.401 defines relevant evidence as that evidence "tending to prove or disprove a material fact." Under section 90.403, "[r]elevant evidence is inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice....
599 So. 2d 158, 17 Fla. L. Weekly Fed. D 1123
District Court of Appeal of Florida | Filed: Apr 28, 1992 | Docket: 1483403
Cited 11 times | Published
...rned on this occasion. The main issue in dispute is whether appellant stopped on the way to the store and committed the battery as claimed by the child. The issue under discussion is governed by the pertinent provisions in the Florida Evidence Code. Section 90.401 states, "Relevant evidence is evidence tending to prove or disprove a material fact." Section 90.402 states, "All relevant evidence is admissible, except as provided by law." Section 90.403 states, "Relevant evidence is inadmissible if...
...is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence." The sponsor *162 note to this section explains that "nothing that fails to meet the tests of §§ 90.401 and 90.403 may be admitted." Accordingly, section 90.404(2)(a) recognizes the interplay of section 90.401 and 90.403 by specifying that "similar fact evidence of other crimes, wrongs, or acts is admissible when relevant to prove a material fact in issue." Since similar fact evidence of other crimes is inherently prejudicial to a criminal d...
...t be determined from the particular facts and circumstances involved in each case, i.e., has the defendant put such fact in issue. This construction and application of section 90.404(2)(a) brings it into complete harmony with the purpose of sections 90.401 and 90.403....
512 So. 2d 280, 12 Fla. L. Weekly 2140
District Court of Appeal of Florida | Filed: Sep 4, 1987 | Docket: 1517304
Cited 10 times | Published
...The psychologist testified, over further objection, that such an individual was attracted to adolescents. The above testimony by Ms. Peeno was irrelevant and, therefore, inadmissible because it did not tend to prove or disprove a material fact. See § 90.401, Fla....
741 So. 2d 1192, 1999 WL 743600
District Court of Appeal of Florida | Filed: Sep 22, 1999 | Docket: 453052
Cited 10 times | Published
...Under section 90.404(2)(a) the remoteness of a prior crime is one aspect of its relevance, its tendency to prove or disprove a material fact in issue. See McGough v. State, 302 So.2d 751, 754 (Fla.1974); Williams v. State, 110 So.2d 654, 662 (Fla. 1959); Griswold v. State, 77 Fla. 505, 82 So. 44, 49 (1919); § 90.401, Fla....
990 So. 2d 639, 2008 Fla. App. LEXIS 13824, 2008 WL 4146663
District Court of Appeal of Florida | Filed: Sep 10, 2008 | Docket: 1687449
Cited 10 times | Published
...4th DCA 2006); Deville v. State, 917 So.2d 1058, 1059 (Fla. 4th DCA 2006); Dixon v. State, 911 So.2d 1260, 1262 (Fla. 4th DCA 2005); Reed v. State, 883 So.2d 387, 389 (Fla. 4th DCA 2004). *646 To be relevant, evidence must tend to prove or disprove a material fact. § 90.401, Fla....
...ce Code of rules rather than mere guidelines. Under the Evidence Code, the rule is that evidence is relevant if it has any tendency to make the existence of any fact having consequence more or less probable than it would be without the evidence. See § 90.401, Fla....
757 So. 2d 1246, 2000 WL 561717
District Court of Appeal of Florida | Filed: May 10, 2000 | Docket: 1331499
Cited 10 times | Published
...t contained in section 90.608, Florida Statutes (1999). The crux of the trial court's ruling was that the details of the other homicide case were not relevant to this one. "Relevant evidence is evidence tending to prove or disprove a material fact." § 90.401, Fla....
616 So. 2d 484, 1993 WL 55632
District Court of Appeal of Florida | Filed: Mar 4, 1993 | Docket: 1369387
Cited 10 times | Published
...1st DCA 1991) (on rehearing), review denied, 604 So.2d 488 (Fla. 1992); Donaldson v. State, 369 So.2d 691, 694 (Fla. 1st DCA 1979). Thus, we consider appellant's relevancy objection properly preserved. "Relevant evidence is evidence tending to prove or disprove a material fact." § 90.401, Fla....
821 So. 2d 342, 2002 WL 1332002
District Court of Appeal of Florida | Filed: Jun 19, 2002 | Docket: 2558502
Cited 10 times | Published
...as not relevant and argue in their briefs that the deposition was used improperly "to destroy the credibility of the defendants and their counsel." (Masters Brief, p. 33). "Relevant evidence is evidence tending to prove or disprove a material fact." § 90.401, Fla. Stat. (1997). As Professor Ehrhardt notes, "[i]ncluded within the section 90.401 definition of relevancy is the concept of materiality; the evidence must `tend to prove or disprove a material fact.' When evidence is offered to prove a fact which is not a matter in issue, it is said to be immaterial." Ehrhardt, supra, § 401.1....
716 So. 2d 769, 1998 WL 540006
Supreme Court of Florida | Filed: Aug 27, 1998 | Docket: 424527
Cited 10 times | Published
...onnection between Hinton's alleged homosexuality, appellant's alleged "hatred of homosexuals," and the murder. Rather, the cited testimony and argument based upon this record were simply an attack on appellant's character unconnected to this murder. Section 90.401, Florida Statutes (1993), provides that "[r]elevant evidence is evidence tending to prove or disprove a material fact." Based on this record, we conclude that the State's evidence regarding the 1985 abortion, appellant's purported feel...
761 So. 2d 375, 2000 WL 485139
District Court of Appeal of Florida | Filed: Apr 26, 2000 | Docket: 1709312
Cited 10 times | Published
...He argues evidence that Dr. Cohen was addicted to narcotics at the time was relevant to, and probative of, Dr. Cohen's ability to determine whether the surgery was necessary. As a general rule, relevant evidence is that which tends to prove or disprove a material fact. § 90.401, Fla....
549 So. 2d 807, 1989 WL 118976
District Court of Appeal of Florida | Filed: Oct 5, 1989 | Docket: 1373904
Cited 9 times | Published
...the first degree and could have been additionally charged, convicted and punished as though he had perpetrated the sexual batteries himself. See § 777.011; Clifford v. State, 518 So.2d 983 (Fla. 2d DCA), rev. denied, 525 So.2d 877 (Fla. 1988). [1] Section 90.401, Florida Statutes, defines relevant evidence as evidence tending to prove or disprove a material fact....
433 So. 2d 581, 36 U.C.C. Rep. Serv. (West) 557
District Court of Appeal of Florida | Filed: May 31, 1983 | Docket: 1727507
Cited 9 times | Published
...software package. In general, information is discoverable when relevant and reasonably calculated to lead to the discovery of admissible evidence. Fla.R.Civ.P. 1.280(b)(1). Relevant evidence is evidence tending to prove or disprove a material fact. § 90.401, Fla....
927 So. 2d 1079, 2006 WL 1328832
District Court of Appeal of Florida | Filed: May 17, 2006 | Docket: 1765360
Cited 9 times | Published
...See Sexton v. State, 697 So.2d 833, 837 (Fla. 1997); Bryan v. State, 533 So.2d 744, 746 (Fla.1988). All relevant evidence is admissible except as provided by law. § 90.402. Relevant evidence is any evidence that tends to prove or disprove a material fact. § 90.401....
578 So. 2d 750, 1991 WL 47455
District Court of Appeal of Florida | Filed: Mar 29, 1991 | Docket: 1525225
Cited 9 times | Published
...NOTES [1] Appellant Diversified Centers is Newberry Square's parent corporation, and appellant Robert Miller is the sole shareholder of both entities. The parties agreed below that appellants are the same for the purpose of liability. [2] "Relevant evidence is evidence tending to prove or disprove a material fact." § 90.401, Fla....
884 So. 2d 57, 2004 WL 432488
District Court of Appeal of Florida | Filed: Mar 10, 2004 | Docket: 1282197
Cited 9 times | Published
...the same two people. The quality of the evidence proffered in the current case thus moves beyond simple propensity and partakes of that essential ingredient of all relevant evidencenamely, a capacity "tending to prove or disprove a material fact." § 90.401, Fla....
639 So. 2d 173, 1994 WL 316242
District Court of Appeal of Florida | Filed: Jul 5, 1994 | Docket: 1310486
Cited 9 times | Published
...bullets [from defendant's car] could not have been fired in the gun that was fired at Mr. Bollinger." Thus, as to the rounds, with nothing to connect them to the crime for which Sosa was charged, the rounds are not relevant to the case. Id. at 589. § 90.401, Fla....
835 So. 2d 1226, 2003 WL 186965
District Court of Appeal of Florida | Filed: Jan 29, 2003 | Docket: 1643629
Cited 9 times | Published
...The major issue on this appeal is the admission into evidence of the photographs of the shotgun, the bullet proof vest, and the quoted phrase. Evidence must be relevant in order to be admissible. See § 90.402, Fla. Stat. (2001). Relevant evidence is defined as evidence "tending to prove or disprove a material fact." § 90.401, Fla....
449 So. 2d 892
District Court of Appeal of Florida | Filed: Apr 11, 1984 | Docket: 1695647
Cited 9 times | Published
...2d DCA 1971); 14 Fla.Jur.2d Criminal Law § 301 (1979). [2] Williams v. State, 110 So.2d 654 (Fla. 1959). [3] See Brown v. State, 426 So.2d 76, 88-89 (Fla. 1st DCA 1983), wherein we discussed the distinctions between "logical" relevancy, set out in Section 90.401, Florida Statutes, and "legal" relevancy, set out in section 90.403.
591 So. 2d 195, 1991 WL 11641
District Court of Appeal of Florida | Filed: May 8, 1991 | Docket: 2449004
Cited 8 times | Published
...We think that is the proper disposition of the question. Since as a matter of law malpractice in the treatment *200 of the victim which leads to the victim's death is immaterial to defendant's culpability, then evidence presented to prove malpractice is irrelevant. See section 90.401, Florida Statutes (1989), "Relevant evidence is evidence tending to prove or disprove a material fact." In the instant case, the cause of the child's death was a lethal injury to the back of the head....
546 So. 2d 1068, 1989 WL 57226
District Court of Appeal of Florida | Filed: May 31, 1989 | Docket: 1730997
Cited 8 times | Published
...We agree that an out-of-court statement is not hearsay if it has been offered for a purpose other than proving the truth of its contents. See § 90.801(1)(c), Fla. Stat. (1985). A nonhearsay statement, however, is admissible only when it tends to prove or disprove a material fact. See § 90.401, Fla....
931 So. 2d 946, 2006 WL 1235178
District Court of Appeal of Florida | Filed: May 10, 2006 | Docket: 1522237
Cited 8 times | Published
...Alexander's counsel successfully argued that the amount of alcohol Alexander ingested did not comport with the test results presented by the State. The DNA expert's testimony would have bolstered Alexander's position that his blood was not the blood that was tested. See § 90.401, Fla....
616 So. 2d 140, 1993 WL 88631
District Court of Appeal of Florida | Filed: Mar 25, 1993 | Docket: 1726626
Cited 8 times | Published
...an unusually low price. Johnson. The state challenged the admissibility of the evidence first on the basis of relevancy. We hold the testimony is relevant because it tends "to prove or disprove a material fact" and supports a theory of the defense. Section 90.401, Florida Statutes (1989)....
27 So. 3d 768, 2010 Fla. App. LEXIS 1444, 2010 WL 476690
District Court of Appeal of Florida | Filed: Feb 12, 2010 | Docket: 1664641
Cited 8 times | Published
...The potential prejudice, according to Mr. Gad, outweighed the probative value of the evidence. The trial court granted the motion to exclude the statements, and the State appeals from *770 that order. [1] "Relevant evidence is evidence tending to prove or disprove a material fact." § 90.401, Fla....
259 So. 3d 23
Supreme Court of Florida | Filed: Oct 19, 2018 | Docket: 8065908
Cited 7 times | Published
"tend[s] to prove or disprove a material fact." § 90.401, Fla. Stat. (2017). In the penalty phase context
384 So. 2d 1362
District Court of Appeal of Florida | Filed: Jul 2, 1980 | Docket: 1269713
Cited 7 times | Published
...tter of the pending action, where the information sought is reasonably calculated to lead to the discovery of admissible evidence. Brooks v. Owens, 97 So.2d 693 (Fla. 1957). Relevant evidence is evidence tending to prove or disprove a material fact. § 90.401, Fla....
881 So. 2d 1137, 2004 WL 1584336
District Court of Appeal of Florida | Filed: Jul 16, 2004 | Docket: 1466241
Cited 7 times | Published
...Huck's state of mind shortly after the murder, particularly where the State theorized that Mr. Huck murdered the victim so that she would not interfere with his relationship with his fiancee. We think Mr. Huck is correct. Relevant evidence is that which tends to prove or disprove a material fact. See § 90.401, Fla....
920 So. 2d 1205, 2006 WL 348862
District Court of Appeal of Florida | Filed: Feb 15, 2006 | Docket: 1730657
Cited 7 times | Published
...ays after the incident refuted that defense. Appellant asserted in opening statement and argument that the victim had expressed interest in him, but he had rejected her. Relevant evidence is evidence which tends to prove or disprove a material fact. § 90.401, Fla....
697 So. 2d 979, 1997 WL 446900
District Court of Appeal of Florida | Filed: Aug 6, 1997 | Docket: 1777168
Cited 7 times | Published
...That would make things so much easier if you were to just forget about the money. Because that wouldn't explain to you what he does in that area. If you forget the money, it's a little simpler. Ten rocks and $701 in cash.... Relevant evidence is "evidence tending to prove or disprove a material fact." § 90.401, Fla....
82 So. 3d 979, 2011 Fla. App. LEXIS 12729, 2011 WL 3558148
District Court of Appeal of Florida | Filed: Aug 15, 2011 | Docket: 2415618
Cited 7 times | Published
...nt complex by numerous apartment residents. Thus, we find the trial court did not err in denying appellant's motion for judgment of acquittal. Second, appellant asserts the trial court admitted the irrelevant testimony of three witnesses contrary to section 90.401, Florida Statutes (2008)....
646 So. 2d 754, 1994 WL 551527
District Court of Appeal of Florida | Filed: Oct 12, 1994 | Docket: 1405323
Cited 6 times | Published
...e plate. He then reported this incident to the police. [3] According to the owner of this car, it had a Florida license plate issued in Hillsborough County. [4] Relevant evidence is defined as "evidence tending to prove or disprove a material fact." § 90.401, Fla....
971 So. 2d 854, 2007 WL 3274404
District Court of Appeal of Florida | Filed: Nov 7, 2007 | Docket: 1446559
Cited 6 times | Published
...Counsel suggested that this was "blood money" and that Ford "shouldn't be [allowed] to keep that money." Although there is not a specific provision in the Florida Evidence Code directly pertaining to the admissibility of similar accident evidence, sections 90.401 [3] and 90.403, [4] Florida Statutes (1997), are applicable....
...NOTES [1] The jury also awarded $1.2 million for lost support and services, but the trial court vacated this award. [2] Nevertheless, under the facts of this case, the admission of post-accident remedial measures was also improper and constitutes reversible error. [3] Section 90.401, Florida Statutes (1997), states: Relevant evidence is evidence tending to prove or disprove a material fact....
890 So. 2d 1227, 2005 WL 53264
District Court of Appeal of Florida | Filed: Jan 12, 2005 | Docket: 1288200
Cited 6 times | Published
...nts. We are unpersuaded by Brown's classification of the challenged testimony as improper character evidence. Rather, we focus our attention on Brown's relevance argument. "Relevant evidence is evidence tending to prove or disprove a material fact." § 90.401, Fla....
595 So. 2d 132, 1992 WL 25819
District Court of Appeal of Florida | Filed: Feb 13, 1992 | Docket: 1709138
Cited 6 times | Published
...Because Mathis is controlling precedent, and because it was rightly decided, we follow it in holding the limitation of cross-examination herein to be error. The threshold test for admissibility of evidence elicited on cross-examination is relevance, and the controlling provisions of the Florida Evidence Code are sections 90.401 through 90.403, Florida Statutes....
...940, 83 L.Ed.2d 953 (1985); Brown v. State, 426 So.2d 76, 88 (Fla. 1st DCA 1983). The relevancy of a fact to the issue being tried is ordinarily a question of logic, rather than one of law. Logically relevant evidence is "evidence tending to prove or disprove a material fact." Section 90.401, Florida Statutes....
27 So. 3d 731, 2010 Fla. App. LEXIS 1349, 2010 WL 446499
District Court of Appeal of Florida | Filed: Feb 10, 2010 | Docket: 555260
Cited 6 times | Published
...ce. As to the two firearms found in Green's roommate's bedroom, the trial court erred by admitting any evidence of these guns because they were completely irrelevant. Relevant evidence is evidence that tends to prove or disprove a material fact. See § 90.401, Fla....
972 So. 2d 941, 2007 WL 4352749
District Court of Appeal of Florida | Filed: Dec 14, 2007 | Docket: 1650696
Cited 6 times | Published
...ere reversed and the cause remanded for a new sentencing proceeding. Under Florida law, all relevant evidence is admissible, except as provided by law. § 90.402, Fla. Stat. Relevant evidence is evidence tending to prove or disprove a material fact. § 90.401, Fla....
578 So. 2d 343, 1991 WL 46844
District Court of Appeal of Florida | Filed: Apr 4, 1991 | Docket: 440952
Cited 6 times | Published
...rs could not be presented to the jury through cross-examination of witnesses during the state's case or by witnesses called during the defense case. This was error for the following reasons. Evidence is relevant if it tends to prove a material fact. § 90.401, Fla....
570 So. 2d 412, 1990 WL 181557
District Court of Appeal of Florida | Filed: Nov 21, 1990 | Docket: 472649
Cited 5 times | Published
...Therefore, our analysis of this issue necessarily takes into account cases decided under the provisions of section 794.022, the rape shield statute. Admissibility of all evidence is governed by its relevance. Whether a fact is relevant and thus admissible, is controlled by section 90.401, which states that "[r]elevant evidence is evidence tending to prove or disprove a material fact." See Toler v....
79 So. 3d 755, 2011 Fla. App. LEXIS 18090, 2011 WL 5554531
District Court of Appeal of Florida | Filed: Nov 16, 2011 | Docket: 2412998
Cited 5 times | Published
...Three sections of the evidence code provide the framework for evaluating questions of relevance. The general rule is that "[a]ll relevant evidence is admissible, except as provided by law." § 90.402, Fla. Stat. (2009). "Relevant evidence is [defined as] evidence tending to prove or disprove a material fact." § 90.401, Fla....
...ice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence." When, on cross-examination, a piece of evidence is offered to attack the credibility of a witness on a material issue, such evidence is "relevant" under section 90.401 because credibility is central to the truth seeking function of a trial....
778 So. 2d 542, 2001 WL 245747
District Court of Appeal of Florida | Filed: Mar 14, 2001 | Docket: 1290489
Cited 5 times | Published
...t as contemplated by the statute. Accordingly, we do not analyze the admissibility of Mr. Kennington's testimony or the bullets under the Williams [1] rule line of cases. Instead, we consider the relevance of this evidence as relevance is defined by section 90.401, Florida Statutes (1997): "Relevant evidence is evidence tending to prove or disprove a material fact." The state's purpose in introducing this evidence was obviously to tie the defendant's possession of A-merc ammunition to the fired...
936 So. 2d 619, 2006 WL 2620273
District Court of Appeal of Florida | Filed: Jun 28, 2006 | Docket: 2527183
Cited 5 times | Published
...The first point questions the propriety of an opinion that applies the "tipsy coachman" rule under the present circumstances. In the instant case, the trial court ruled that the evidence at issue did not meet the statutory standard of relevance. See § 90.401, Fla....
998 So. 2d 625, 2008 Fla. App. LEXIS 1442, 2008 WL 313606
District Court of Appeal of Florida | Filed: Feb 6, 2008 | Docket: 1341845
Cited 5 times | Published
...lessor specifically sets forth that it has no duty to hire security personnel to patrol the property." The defendants contended that this disclosure was relevant, probative evidence, that is, "evidence tending to prove or disprove a material fact." § 90.401, Fla....
629 So. 2d 1033, 1993 WL 538236
District Court of Appeal of Florida | Filed: Dec 29, 1993 | Docket: 2517111
Cited 5 times | Published
...f justifiable reliance and comparative negligence, and the element of causation as to appellee's damages, the excluded evidence did not have a logical tendency to prove or disprove any fact which was of consequence to the outcome of this action. See § 90.401 Fla....
605 So. 2d 560, 1992 WL 235359
District Court of Appeal of Florida | Filed: Sep 23, 1992 | Docket: 1702171
Cited 4 times | Published
...The briefs which are part of this court's records reflect that the officer observed the defendant drop a "baggie" and enter a convenience store, at which time he was stopped, arrested and searched. "Relevant evidence is evidence tending to prove or disprove a material fact." Section 90.401, Fla....
991 So. 2d 962, 2008 WL 4223660
District Court of Appeal of Florida | Filed: Sep 17, 2008 | Docket: 1725136
Cited 4 times | Published
...State, 601 So.2d 1304, 1305 (Fla. 4th DCA 1992)). Here, defense counsel moved in limine to exclude evidence concerning the Will on two bases. First, defense counsel argued that it was irrelevant, because it did not tend to prove or disprove a material fact. § 90.401, Fla....
...ion and was not being introduced as evidence of other crimes. We disagree. The Evidence Code defines relevant evidence and codifies one of its subparts, the Williams rule. Relevant evidence is that which tends "to prove or disprove a material fact." § 90.401, Fla....
589 So. 2d 939, 1991 WL 203102
District Court of Appeal of Florida | Filed: Oct 9, 1991 | Docket: 2520629
Cited 4 times | Published
...We think the crucial question is whether references to the frauds that Mr. Wilson and Mr. Cato perpetrated against Mrs. Story constitute relevant evidence which should have been admitted. Section 90.402, Florida Statutes (1985), states all relevant evidence is admissible, except as provided by law. Section 90.401, Florida Statutes (1985), defines relevant evidence as "tending to prove or disprove a material fact." Thus, if Mr....
718 So. 2d 925, 1998 WL 681331
District Court of Appeal of Florida | Filed: Oct 5, 1998 | Docket: 466363
Cited 4 times | Published
...o the head injury he sustained in the accident. To be relevant, evidence must tend to prove or disprove a fact in issue. See Taylor v. State, 583 So.2d 323, 328 (Fla.1991), cert. denied, 513 U.S. 1003, 115 S.Ct. 518, 130 L.Ed.2d 424 (1994). See also § 90.401, Fla....
914 So. 2d 458, 2005 WL 2662548
District Court of Appeal of Florida | Filed: Oct 20, 2005 | Docket: 1767843
Cited 4 times | Published
...However, when ruling on evidentiary matters, "a trial court's discretion is limited by the rules of evidence." Nardone v. State, 798 So.2d 870, 874 (Fla. 4th DCA 2001). Here, the permissible scope of the trial court's discretion was circumscribed by three provisions of the Florida Evidence Code. Section 90.401 states that "[r]elevant evidence is evidence tending to prove or disprove a material fact." § 90.401, Fla....
442 So. 2d 982, 1983 Fla. App. LEXIS 25489
District Court of Appeal of Florida | Filed: Oct 18, 1983 | Docket: 469069
Cited 4 times | Published
...See State of Maryland v. Baldwin, 112 U.S. 490, 5 S.Ct. 278, 28 L.Ed. 822 (1884); Dixie Farms, Inc. v. Hertz Corp., 343 So.2d 633 (Fla. 3d DCA 1977). The prior verdict does not meet the relevance test of "evidence tending to prove or disprove a material fact," § 90.401, Fla....
23 So. 3d 1238, 2009 Fla. App. LEXIS 17694, 2009 WL 4060861
District Court of Appeal of Florida | Filed: Nov 25, 2009 | Docket: 1657336
Cited 4 times | Published
...Three sections of the evidence code provide the framework for evaluating questions of relevance. The general rule is that "[a]ll relevant evidence is admissible, except as provided by law." § 90.402, Fla. Stat. (2007). "Relevant evidence is [defined as] evidence tending to prove or disprove a material fact." § 90.401, Fla....
914 So. 2d 514, 2005 WL 3116094
District Court of Appeal of Florida | Filed: Nov 23, 2005 | Docket: 1781721
Cited 4 times | Published
...Based on this record, we conclude the trial court erred in overruling Stokes's objection [2] to the State's questions about Stokes's DUF membership, the general composition of DUF, and the habits of DUF members because this testimony was irrelevant to prove motive and identity and was unduly prejudicial. See § 90.401, Fla....
733 So. 2d 1097, 1999 WL 312250
District Court of Appeal of Florida | Filed: May 19, 1999 | Docket: 1660031
Cited 4 times | Published
...Contrary to the view taken by the trial court, neither the prosecution, nor the defense, in a murder case is required to limit testimony concerning cause of death to "reasonable medical certainty." As a threshold for admissibility, expert opinion testimony must be relevant, see section 90.401, Florida Statutes, and must meet the standard generally applied to scientific, technical, or other specialized knowledge under section 90.702, Florida Statutes....
673 So. 2d 57, 1996 WL 120420
District Court of Appeal of Florida | Filed: Mar 20, 1996 | Docket: 1245648
Cited 4 times | Published
...nce of cocaine impairment, such evidence would necessarily be suppressed in every case. Our supreme court in McClain focused on the test for admissibility of relevant evidence, noting that even a trace amount of cocaine could be relevant pursuant to section 90.401....
976 So. 2d 670, 2008 WL 724024
District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 1274879
Cited 4 times | Published
...The trial court excluded all of Melody's testimony regarding her phone call with Brianna on the basis that it was not relevant. However, it is clear that Melody's testimony regarding the phone call with Brianna was relevant because it was "evidence tending to prove or disprove a material fact." § 90.401, Fla....
39 So. 3d 447, 2010 Fla. App. LEXIS 9571, 2010 WL 2675302
District Court of Appeal of Florida | Filed: Jun 30, 2010 | Docket: 2382518
Cited 4 times | Published
...However, the admissibility of this evidence must be gauged by the same principle of relevancy as any other evidence offered by *449 the defendant." See Rivera v. State, 561 So.2d 536, 539 (Fla.1990). "Relevant evidence is evidence tending to prove or disprove a material fact." § 90.401, Fla....
932 So. 2d 605, 2006 Fla. App. LEXIS 10785, 2006 WL 1791708
District Court of Appeal of Florida | Filed: Jun 30, 2006 | Docket: 1684870
Cited 4 times | Published
...For these reasons, an insurer's payment of PIP benefits in connection with an automobile accident is not relevant to the issue of whether the medical expenses claimed in the insured's UM claim are reasonable, necessary or connected to the accident. It is therefore inadmissible for that purpose. See § 90.401-.402, Fla....
65 So. 3d 594, 2011 Fla. App. LEXIS 11003, 2011 WL 2694558
District Court of Appeal of Florida | Filed: Jul 13, 2011 | Docket: 2362204
Cited 4 times | Published
...Whether the gun was properly admitted into evidence presents a question of relevance. Evidence must be relevant in order to be admissible. See § 90.402, Fla. Stat. [(2009)]. Relevant evidence is defined as evidence "tending to prove or disprove a material fact." § 90.401, Fla....
948 So. 2d 859, 2007 WL 284167
District Court of Appeal of Florida | Filed: Jan 31, 2007 | Docket: 2532351
Cited 4 times | Published
...ate to introduce the pictures. We disagree and find that the trial court properly admitted the photographs as demonstrative exhibits. Photographs are admissible if they are properly authenticated and relevant to prove a material fact in the lawsuit. § 90.401, Fla....
971 So. 2d 972, 2008 WL 36620
District Court of Appeal of Florida | Filed: Jan 2, 2008 | Docket: 2549389
Cited 4 times | Published
...State, 730 So.2d 715, 716 (Fla. 4th DCA 1999). This type of testimony is relevant because it tends to prove guilt; that a defendant engaged in conduct similar to other drug dealers would be admissible in a motion hearing on the issue of probable cause. See § 90.401, Fla....
908 So. 2d 1185, 2005 WL 2045447
District Court of Appeal of Florida | Filed: Aug 26, 2005 | Docket: 2544851
Cited 4 times | Published
...An out-of-court statement is not hearsay if it has been offered for a purpose other than proving the truth of its contents. See § 90.801(1)(c). "A nonhearsay statement, however, is admissible only when it tends to prove or disprove a material fact." Wise v. State, 546 So.2d 1068, 1070 (Fla. 2d DCA 1989); see § 90.401....
860 So. 2d 436, 2003 Fla. App. LEXIS 12741, 2003 WL 22002564
District Court of Appeal of Florida | Filed: Aug 26, 2003 | Docket: 454798
Cited 4 times | Published
...2d DCA 1994) (holding that the appellee's objection was untimely because it was not made until after the jury delivered an adverse verdict). Thus, because the instant case is distinguishable from Hinchey, appellee properly preserved this issue. Turning to the merits of this second issue, pursuant to section 90.401, Florida Statutes (2000), relevant evidence "is evidence tending to prove or disprove a material fact." "All relevant evidence is admissible, except as provided by law." § 90.402, Fla....
965 So. 2d 1171, 2007 WL 2317302
District Court of Appeal of Florida | Filed: Aug 15, 2007 | Docket: 99871
Cited 4 times | Published
...Section 90.404(2)(b), however, allows evidence described as the "commission of other crimes, wrongs, or acts of child molestation" to be admitted when relevant. Sections 90.404(2)(b)(1) and .402 allow the admission of relevant evidence that tends to prove or disprove a material fact. § 90.401....
730 So. 2d 809, 1999 WL 188068
District Court of Appeal of Florida | Filed: Apr 7, 1999 | Docket: 1645783
Cited 4 times | Published
...A trial court is given broad discretion when making a determination as to whether to admit or exclude evidence. That decision will not be overturned absent an abuse of discretion. See Traina v. State, 657 So.2d 1227 (Fla. 4th DCA 1995). Florida Statutes, section 90.401 (1997), defines relevant evidence as "evidence tending to prove or disprove a material fact." Relevant evidence is generally admissible unless its probative value is substantially outweighed by the danger of unfair prejudice, confusion...
900 So. 2d 662, 2005 WL 767041
District Court of Appeal of Florida | Filed: Apr 6, 2005 | Docket: 1514219
Cited 4 times | Published
...ther the police officer who testified as to the Luminol test was qualified to do so. The court held that the defendant's objections to the qualifications of the officer went to the weight of his testimony, not his competency to testify as an expert. Section 90.401, Florida Statutes (2003) defines relevant evidence as "evidence tending to prove or disprove a material fact." Although the state must prove its case beyond a reasonable doubt, that standard does not apply to each piece of evidence....
70 So. 3d 720, 2011 Fla. App. LEXIS 14982, 2011 WL 4374450
District Court of Appeal of Florida | Filed: Sep 21, 2011 | Docket: 2358986
Cited 3 times | Published
...As the Florida Supreme Court stated in Williams, "If found to be relevant for any purpose save that of showing bad character or propensity, then [the evidence] should be admitted." Williams, 110 So.2d at 662. Relevant evidence is defined as evidence that tends to prove or disprove a material fact. See § 90.401, Fla....
937 So. 2d 287, 2006 WL 2612895
District Court of Appeal of Florida | Filed: Sep 13, 2006 | Docket: 1513189
Cited 3 times | Published
...that he usually kept it in the trunk, but there were times when he kept it in the passenger compartment of the car. The screwdriver was irrelevant to the issues at trial because it did not "tend[ ] to prove or disprove a material fact" in the case. § 90.401, Fla....
911 So. 2d 1260, 2005 WL 2438878
District Court of Appeal of Florida | Filed: Oct 5, 2005 | Docket: 2533834
Cited 3 times | Published
...1st DCA 2003). The state contends that the trial court did not abuse its discretion where the statement was relevant to show Dixon's premeditated intent to kill the victim. We agree. "Relevant evidence is evidence tending to prove or disprove a material fact." § 90.401, Fla....
20 So. 3d 966, 2009 Fla. App. LEXIS 15557, 2009 WL 3273213
District Court of Appeal of Florida | Filed: Oct 14, 2009 | Docket: 1640178
Cited 3 times | Published
...It is widely recognized that evidence which is relevant is generally admissible, unless the law precludes its introduction. See § 90.402, Fla. Stat. (2008). Relevant evidence is defined as evidence that tends to prove or disprove a material fact. See § 90.401, Fla....
995 So. 2d 613, 2008 WL 4998757
District Court of Appeal of Florida | Filed: Nov 26, 2008 | Docket: 1684332
Cited 3 times | Published
...e marijuana metabolite in the defendant's blood did not contribute to the crash. "[R]elevant evidence is admissible, except as provided by law." § 90.402, Fla. Stat. (2007). Evidence is "relevant" if it tends "to prove or disprove a material fact." § 90.401, Fla....
901 So. 2d 344, 2005 WL 1030127
District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 1666218
Cited 3 times | Published
...about the sexual nature of her prior relationship with Minus, stating that it was not relevant. [1] "All relevant evidence is admissible, except *349 as provided by law." § 90.402, Fla. Stat. (2001). "Relevant evidence is evidence tending to prove or disprove a material fact." § 90.401, Fla....
787 So. 2d 963, 2001 WL 690443
District Court of Appeal of Florida | Filed: Jun 21, 2001 | Docket: 1495961
Cited 3 times | Published
...See e.g., Gartrell v. State, 626 So.2d *965 1364, 1366 (Fla.1993). Although the statements in question reference past drug use, they are nonetheless relevant to proving material facts at issue in a prosecution based upon constructive possession. See § 90.401, Fla....
854 So. 2d 697, 2003 WL 21817494
District Court of Appeal of Florida | Filed: Aug 8, 2003 | Docket: 1460109
Cited 3 times | Published
...lated business relationship and that Harmon was in the room for business purposes with Morse's consent. [1] If Harmon had Morse's consent, he could not be guilty of burglary. Relevant evidence is evidence tending to prove or disprove a material act, section 90.401, Florida Statutes (2001), and the question of consent to enter is certainly material to a burglary charge....
846 So. 2d 502, 2003 WL 1923337
Supreme Court of Florida | Filed: Apr 24, 2003 | Docket: 1301609
Cited 3 times | Published
...consciousness of guilt where threats have nexus with the crime charged). [3] The provisions of the Florida Evidence Code defining relevant evidence and governing its admissibility are set forth in chapter 90, Florida Statutes (2001). In particular, section 90.401 defines relevant evidence as "evidence tending to prove or disprove a material fact," while section 90.402 states that "[a]ll relevant evidence is admissible, except as provided by law." §§ 90.401-.402, Fla....
605 So. 2d 579, 1992 WL 240662
District Court of Appeal of Florida | Filed: Sep 29, 1992 | Docket: 2273689
Cited 2 times | Published
...We find no error in the trial court's refusal to allow defense counsel to cross-examine the State's witness with a hypothetical question that bore no relation to the facts of this case. See Sims v. State, 602 So.2d 1253 (Fla. 1992) (exclusion of immaterial evidence is not error); § 90.401, Fla....
254 So. 3d 1038
District Court of Appeal of Florida | Filed: Sep 20, 2018 | Docket: 7905946
Cited 2 times | Published
it tends to prove or disprove a material fact. § 90.401, Fla. Stat. (2017). Although relevant evidence
271 So. 3d 177
District Court of Appeal of Florida | Filed: May 13, 2019 | Docket: 15420921
Cited 2 times | Published
761 So. 2d 375, 378 (Fla. 4th DCA 2000) (citing § 90.401, Fla. Stat.). “All relevant evidence is admissible
951 So. 2d 945, 2007 WL 675470
District Court of Appeal of Florida | Filed: Mar 7, 2007 | Docket: 1280693
Cited 2 times | Published
...Hawker also contends that this changed ruling resulted in a discovery violation by permitting Robison to testify regarding Hawker's admission as the basis for the change in his commitment recommendation. Turning to Hawker's first contention, "[r]elevant evidence is evidence tending to prove or disprove a material fact." § 90.401, Fla....
31 So. 3d 847, 2010 Fla. App. LEXIS 2524, 2010 WL 711790
District Court of Appeal of Florida | Filed: Mar 3, 2010 | Docket: 1647718
Cited 2 times | Published
...e jury may (probably correctly) conclude that one who has been convicted before is guilty now, pale into insignificance. Simply put, the evidence that Stephenson, considered aborting her pregnancy did not tend to "prove or disprove a material fact," § 90.401, Fla....
825 So. 2d 959, 2002 WL 1307480
District Court of Appeal of Florida | Filed: Jun 17, 2002 | Docket: 1312222
Cited 2 times | Published
...he expert opinion testimony sought to be excluded is based was "obtained by search *977 and seizure." [15] RULES OF EVIDENCE To determine whether the challenged evidence is admissible, we must apply to the facts the pertinent rules of evidence. [16] Section 90.401, Florida Statutes, provides: "Relevant evidence is evidence tending to prove or disprove a material fact." Section 90.402 provides: "All relevant evidence is admissible, except as provided by law." Because there is no dispute that the...
962 So. 2d 934, 2007 WL 1988796
District Court of Appeal of Florida | Filed: Jul 11, 2007 | Docket: 1519077
Cited 2 times | Published
...The defense argued all this evidence would be relevant as to whether or not Mr. Jacobs had a psychotic break with reality at the time of the shooting. Mr. Jacobs knew of his wife's affair and the defense expert considered this in arriving at the conclusion that Jacobs was legally insane at the time of the shooting. Section 90.401, Florida Statutes, provides "relevant evidence is evidence tending to prove or disprove a material fact." Generally, a trial court is granted broad discretion in determining the relevance of evidence and such a determination will not be disturbed absent an abuse of discretion....
4 So. 3d 76, 2009 Fla. App. LEXIS 1492, 2009 WL 439298
District Court of Appeal of Florida | Filed: Feb 24, 2009 | Docket: 1218769
Cited 2 times | Published
...State, 717 So.2d 462, 470-71 (Fla.1998) (citing Welty v. State, 402 So.2d 1159, 1162-63 (Fla.1981)). In general, all relevant evidence is admissible, unless excluded by a specific rule. See § 90.402, Fla. Stat. (2007). Relevant evidence is "evidence tending to prove or disprove a material fact." § 90.401, Fla....
593 So. 2d 1069, 1992 WL 3679
District Court of Appeal of Florida | Filed: Feb 13, 1992 | Docket: 446441
Cited 2 times | Published
...State, 1992 WL 83071, 17 FLW *1074 D1123 (Fla. 1st DCA April 28, 1992), opinion on rehearing, Judge Zehmer, for the majority, made the following observations: The issue under discussion is governed by the pertinent provisions in the Florida Evidence Code. Section 90.401 states, `Relevant evidence is evidence tending to prove or disprove a material fact.' Section 90.402 states, `All relevant evidence is admissible, except as provided by law.' Section 90.403 states, `Relevant evidence is inadmissible if...
...alue is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence.' The sponsor note to this section explains that `nothing that fails to meet the tests of §§ 90.401 and 90.403 may be admitted.' Accordingly, section 90.404(2)(a) recognizes the interplay of section 90.401 and 90.403 by specifying that `similar fact evidence of other crimes, wrongs, or acts is admissible when relevant to prove a material fact in issue.' Since similar fact evidence of other crimes is inherently prejudicial to a criminal d...
654 So. 2d 146, 1995 WL 228608
District Court of Appeal of Florida | Filed: Apr 19, 1995 | Docket: 1303468
Cited 2 times | Published
...on was entered. The transcript reflected that Wells was ordered into his girlfriend's custody, with her consent. The trial court determined this evidence to be irrelevant. Relevant evidence is "evidence tending to prove or disprove a material fact." § 90.401, Fla....
255 So. 3d 351
District Court of Appeal of Florida | Filed: Sep 5, 2018 | Docket: 7804268
Cited 1 times | Published
existence until after the patient died. Section 90.401, Florida Statutes (2017), defines “relevant
18 So. 3d 1227, 2009 Fla. App. LEXIS 14920, 2009 WL 3189364
District Court of Appeal of Florida | Filed: Oct 7, 2009 | Docket: 1178993
Cited 1 times | Published
...ing objections to comments made during closing arguments."). We agree with the defendant that, under the rules of evidence, his use of the term "cracker" was not relevant. "Relevant evidence is evidence tending to prove or disprove a material fact." § 90.401, Fla....
72 So. 3d 331, 2011 Fla. App. LEXIS 16898, 2011 WL 5061349
District Court of Appeal of Florida | Filed: Oct 26, 2011 | Docket: 2357815
Cited 1 times | Published
...Therefore, the State argues that Wilson's feelings of anger toward White were relevant, and the rebuttal testimony was proper impeachment of Wilson's claim that she was not angry with White for testifying against her. "Relevant evidence is evidence tending to prove or disprove a material fact." § 90.401, Fla....
209 So. 3d 14, 2016 Fla. App. LEXIS 15181
District Court of Appeal of Florida | Filed: Oct 13, 2016 | Docket: 60259165
Cited 1 times | Published
testimony directed at these issues and others. See § 90.401, Fla. Stat.; Watkins v. State, 121 Fla. 58, 163
590 So. 2d 461, 1991 WL 248686
District Court of Appeal of Florida | Filed: Nov 20, 1991 | Docket: 1512689
Cited 1 times | Published
...We affirm the convictions, but reverse and remand for resentencing. Addressing the evidentiary challenge first, we conclude that the diary excerpts admitted into evidence were relevant in that they tended to show appellant committed the crimes in question. § 90.401, Fla....
736 F.3d 1331, 2013 WL 6169275, 2013 U.S. App. LEXIS 23019
Court of Appeals for the Eleventh Circuit | Filed: Nov 14, 2013 | Docket: 142762
Cited 1 times | Published
...90.403 “[r]elevant 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.” Fla. Stat. § 90.403.
3
Under Fla. Evid. R. 90.401, “[r]elevant evidence is evidence tending to prove or
disprove a material fact.” Fla. Stat. § 90.401.
4
The Sixth Amendment’s Confrontation Clause states: “In all criminal prosecutions, the
accused shall enjoy the right ....
...Filed: 11/14/2013 Page: 6 of 18
cross-examination of Junior evidence relating to the Elliot acquittal and the State’s
attempt to withdraw Junior’s plea agreement by holding that such evidence was
relevant under Florida Rule of Evidence 90.401....
273 So. 3d 39
District Court of Appeal of Florida | Filed: May 29, 2019 | Docket: 15688832
Cited 1 times | Published
tending to prove or disprove a material fact.” § 90.401, Fla. Stat. “Generally, any evidence relevant
897 So. 2d 517, 2005 WL 475341
District Court of Appeal of Florida | Filed: Mar 2, 2005 | Docket: 1735355
Cited 1 times | Published
...Agent Mann's testimony is properly analyzed not under section 90.404(2)(a), but under section 90.402, Florida Statutes (2002), which states that all relevant evidence is admissible. Relevant evidence is defined as evidence "tending to prove or disprove a material fact." § 90.401, Fla....
976 So. 2d 670, 2008 Fla. App. LEXIS 3868
District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 64854100
Cited 1 times | Published
tending to prove or disprove a material fact.” § 90.401, Fla. Stat. (2006). The phone call occurred right
11 So. 3d 994, 2009 Fla. App. LEXIS 6893, 2009 WL 1531621
District Court of Appeal of Florida | Filed: Jun 3, 2009 | Docket: 1656607
Cited 1 times | Published
...The state argues that it was necessary to elicit this testimony of Taylor's fear of Dupree in order to explain why she did not call the police or assist Washington in escaping. "Relevant evidence is evidence tending to prove or disprove a material fact." § 90.401, Fla....
141 So. 3d 1178, 39 Fla. L. Weekly Supp. 441, 2014 WL 2882689, 2014 Fla. LEXIS 2064
Supreme Court of Florida | Filed: Jun 26, 2014 | Docket: 58843
Cited 1 times | Published
...- 14 -
Next, the postconviction court held that the washcloth could be inadmissible
at a retrial based on problems with relevancy and materiality. “Relevant evidence
is evidence tending to prove or disprove a material fact.” § 90.401, Fla....
248 So. 3d 1261
District Court of Appeal of Florida | Filed: Jun 13, 2018 | Docket: 7143522
Cited 1 times | Published
tending to prove or disprove a material fact.” § 90.401, Fla. Stat. (2016). “All relevant evidence is
39 So. 3d 466, 2010 Fla. App. LEXIS 9890, 2010 WL 2671799
District Court of Appeal of Florida | Filed: Jul 7, 2010 | Docket: 2398695
Cited 1 times | Published
...are decided."). Relevant Evidence Is Admissible Under the Florida Evidence Code, all relevant evidence is admissible, except as provided by law. § 90.402 Fla. Stat. (2007). Relevant evidence is evidence tending to prove or disprove a material fact. § 90.401 Fla....
997 So. 2d 524, 2009 WL 18679
District Court of Appeal of Florida | Filed: Jan 5, 2009 | Docket: 2578434
Cited 1 times | Published
...l had, on a previous occasion, also attacked him. The trial judge sustained the State's objection that this evidence would be irrelevant. The Florida Evidence Code defines relevant evidence as "evidence tending to prove or disprove a material fact." § 90.401, Fla....
917 So. 2d 1058, 2006 WL 119148
District Court of Appeal of Florida | Filed: Jan 18, 2006 | Docket: 1509582
Cited 1 times | Published
...A trial court's decision in determining relevancy of evidence will not be disturbed absent an abuse of discretion. Reed v. State, 883 So.2d 387, 389 (Fla. 4th DCA 2004). This discretion is limited by the evidence rules. Id. Relevant evidence is that which tends to prove or disprove a material fact. § 90.401, Fla....
537 So. 2d 1061, 1989 WL 2068
District Court of Appeal of Florida | Filed: Jan 18, 1989 | Docket: 483193
Cited 1 times | Published
...t solely to prove bad character or propensity. That portion of section 90.404(2)(a), permitting the introduction of similar fact evidence, if relevant to prove a material fact in issue, interacts with the definition of relevant evidence set forth in Section 90.401, Florida Statutes (1987), providing that "[r]elevant evidence is evidence tending to prove or disprove a material fact." Obviously, if the evidence which is offered has no bearing on any material fact at issue, such evidence is inadmissible....
27 So. 3d 805, 2010 Fla. App. LEXIS 2067, 2010 WL 624182
District Court of Appeal of Florida | Filed: Feb 24, 2010 | Docket: 1206708
Cited 1 times | Published
...Even applying the abuse of discretion standard, however, the trial court reversibly erred in excluding the evidence. A mandatory recall and ban is relevant evidence and demonstrates a product's design defect, even where the recall and ban is issued after the date of the product's manufacture. Section 90.401, Florida Statutes, defines relevant evidence as "evidence tending to prove or disprove a material fact." In 2004, the FDA reported that ephedrine-containing products were so dangerous that public safety required a ban and recall of that class of products....
254 So. 3d 624
District Court of Appeal of Florida | Filed: Aug 30, 2018 | Docket: 7775010
Cited 1 times | Published
tending to prove or disprove a material fact.” § 90.401, Fla. Stat. (2016). “All relevant evidence is
254 So. 3d 1098
District Court of Appeal of Florida | Filed: Aug 30, 2018 | Docket: 7774961
Cited 1 times | Published
tending to prove or disprove a material fact.” § 90.401, Fla. Stat. (2015). The evidence that K.M. provided
881 So. 2d 1185, 2004 WL 1919995
District Court of Appeal of Florida | Filed: Aug 30, 2004 | Docket: 1465592
Cited 1 times | Published
...Reversed and remanded. LEWIS, J., concurs; ERVIN, J., dissents with opinion. *1188 ERVIN, J., dissenting. I agree with the majority that the admission of the takedown signal would be relevant evidence, i.e., "evidence tending to prove or disprove a material fact." Section 90.401, Fla....
68 So. 3d 351, 2011 Fla. App. LEXIS 13236, 2011 WL 3667887
District Court of Appeal of Florida | Filed: Aug 23, 2011 | Docket: 2357232
Cited 1 times | Published
...ted a danger of prejudicing, confusing or misleading the jury. As a rule, "[a]ll relevant evidence is admissible, except as provided by law." § 90.402, Fla. Stat. (2008). "Relevant evidence is evidence tending to prove or disprove a material fact." § 90.401, Fla....
District Court of Appeal of Florida | Filed: Sep 9, 2020 | Docket: 18420368
Published
the court erred in admitting it into evidence. § 90.401, Fla. Stat. (2019). • Settlement Offer
207 So. 3d 258, 2016 Fla. App. LEXIS 13519
District Court of Appeal of Florida | Filed: Sep 9, 2016 | Docket: 4422655
Published
his fiancée earlier that morning. See § 90.401, Fla. Stat. (2013) (defining relevant evidence
149 So. 3d 74, 2014 Fla. App. LEXIS 13662, 2014 WL 4328151
District Court of Appeal of Florida | Filed: Sep 3, 2014 | Docket: 1150913
Published
...r abuse of
discretion.” Lavallee v. State, 958 So. 2d 509, 510 (Fla. 4th DCA 2007)
(quoting Grau v. Branham, 761 So. 2d 375, 378 (Fla. 4th DCA 2000)).
Relevant evidence is defined as “evidence tending to prove or disprove
a material fact.” § 90.401, Fla....
District Court of Appeal of Florida | Filed: Sep 29, 2023 | Docket: 68034173
Published
tending to prove or disprove a material fact. See § 90.401, Fla. Stat. Chapter 794 governs the crime
256 So. 3d 888
District Court of Appeal of Florida | Filed: Sep 26, 2018 | Docket: 7935063
Published
tending to prove or disprove a material fact.” § 90.401, Fla. Stat. (2017). “All relevant evidence is
Supreme Court of Florida | Filed: Sep 23, 2021 | Docket: 60416617
Published
it tends to prove or disprove a material fact. § 90.401, Fla. Stat. (2020). That Heyman authored the
District Court of Appeal of Florida | Filed: Sep 18, 2019 | Docket: 16211759
Published
“tending to prove or disprove a material fact.” § 90.401, Fla. Stat. [(2017)]. While all admissible
387 So. 2d 1040, 1980 Fla. App. LEXIS 17576
District Court of Appeal of Florida | Filed: Sep 16, 1980 | Docket: 64578014
Published
tends “to prove or disprove a material fact.” § 90.401, Fla.Stat. (1979). It is improbable that the inconclusive
419 So. 2d 391, 1982 Fla. App. LEXIS 21168
District Court of Appeal of Florida | Filed: Sep 14, 1982 | Docket: 64592076
Published
prove or disprove a material fact is relevant, Section 90.401, Florida Statutes (1981); Drayton v. State
District Court of Appeal of Florida | Filed: Sep 11, 2024 | Docket: 69151368
Published
jail to Baker County jail for his own safety. Section 90.401, Florida Statutes, defines relevant evidence
District Court of Appeal of Florida | Filed: Sep 11, 2024 | Docket: 69151390
Published
the extent of the danger or lack thereof. Cf. § 90.401, Fla. Stat. (2015) (“Relevant evidence is evidence
150 So. 3d 838, 2014 Fla. App. LEXIS 17598, 2014 WL 5460623
District Court of Appeal of Florida | Filed: Oct 29, 2014 | Docket: 1453493
Published
...found in a car occupied by the defendant at the time of his arrest. He
suggests the guns were irrelevant and inadmissible because they were not
connected to the charged crimes. We disagree.
“Relevant evidence is evidence tending to prove or disprove a material
fact.” § 90.401, Fla....
District Court of Appeal of Florida | Filed: Oct 28, 2020 | Docket: 18580222
Published
history of sexual abuse would be relevant. See § 90.401, Fla. Stat. (2019). The incidents involving the
District Court of Appeal of Florida | Filed: Oct 28, 2020 | Docket: 18580202
Published
Seinfeld, no less this particular episode. See § 90.401, Fla. Stat. (“Relevant evidence is evidence tending
District Court of Appeal of Florida | Filed: Oct 21, 2019 | Docket: 16357049
Published
2 Section 90.401, Florida Statutes, defines relevant evidence
District Court of Appeal of Florida | Filed: Nov 22, 2024 | Docket: 69404294
Published
tending to prove or disprove a material fact." § 90.401. In child molestation cases, evidence of other
District Court of Appeal of Florida | Filed: Nov 22, 2024 | Docket: 69404299
Published
So. 2d 972, 973 (Fla. 4th DCA 2008); see also § 90.401, Fla. Stat. (2021). However, in a jury trial,
District Court of Appeal of Florida | Filed: May 27, 2020 | Docket: 17195215
Published
tending to prove or disprove a material fact.” § 90.401, Fla. Stat. (2018). By contrast, “[w]hen evidence
District Court of Appeal of Florida | Filed: May 26, 2021 | Docket: 59936582
Published
tending to prove or disprove a material fact. § 90.401, Fla. Stat. (2019). All relevant evidence is admissible
165 So. 3d 723, 2015 Fla. App. LEXIS 7623, 2015 WL 2393275
District Court of Appeal of Florida | Filed: May 20, 2015 | Docket: 2679336
Published
...We do not agree
that the admission of the proffered testimony would have affected the court’s
ruling on the Williams rule evidence.
3
2d 495, 514–15 (Fla. 2005)).
“Relevant evidence is evidence tending to prove or disprove a material
fact.” § 90.401, Fla....
246 So. 3d 545
District Court of Appeal of Florida | Filed: May 16, 2018 | Docket: 6716312
Published
tending to prove or disprove a material fact.” § 90.401, Fla. Stat. (2007). Section 90.403, Florida
District Court of Appeal of Florida | Filed: May 15, 2024 | Docket: 68529766
Published
"to prove or disprove a material fact." § 90.401, Fla. Stat. (2022). Mr. Andrews claims that the
District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313533
Published
th[e] evidence”). As to relevance under section 90.401, Florida Statutes (2016), “[r]elevant evidence
975 So. 2d 615, 2008 WL 582542
District Court of Appeal of Florida | Filed: Mar 5, 2008 | Docket: 1727275
Published
...im so that she could "find one that looked similar for comparison." The trial judge disallowed the use of visual aids "not directly related to the charge." We find no abuse of discretion in this ruling on the relevance of demonstrative evidence. See § 90.401, Fla....
District Court of Appeal of Florida | Filed: Mar 31, 2023 | Docket: 66833816
Published
tending to prove or disprove a material fact.” § 90.401, Fla. Stat. (2021). “The basic and critical issue
District Court of Appeal of Florida | Filed: Mar 30, 2022 | Docket: 63198516
Published
be admissible. See § 90.402, Fla. Stat. (2020); § 90.401, Fla. Stat. (2020) (“Relevant evidence is evidence
District Court of Appeal of Florida | Filed: Mar 22, 2024 | Docket: 68366466
Published
investigate the incident is therefore relevant. See § 90.401, Fla. Stat. (2022) ("Relevant evidence is
273 So. 3d 1046
District Court of Appeal of Florida | Filed: Mar 20, 2019 | Docket: 14752819
Published
9 1118, 1132 (Fla. 2006); see also § 90.401, Fla. Stat. (2018) (“Relevant evidence is evidence
936 So. 2d 619, 2006 Fla. App. LEXIS 18952
District Court of Appeal of Florida | Filed: Jun 28, 2006 | Docket: 64846305
Published
meet the statutory standard of relevance. See § 90.401, Fla. Stat. (2002). The majority affirmed, reasoning
District Court of Appeal of Florida | Filed: Jun 11, 2025 | Docket: 70513852
Published
killed the decedent nor had intent to do so. See § 90.401, Fla. Stat. (2025) (“Relevant evidence is evidence
982 So. 2d 1292, 2008 WL 2356488
District Court of Appeal of Florida | Filed: Jun 11, 2008 | Docket: 1204129
Published
...The purpose of adducing testimony that pornographic tapes and Vaseline were found in appellant's bedroom was to establish a sexual need on appellant's part as part of the State's attempt to suggest a sexual motivation for the crime. To be relevant, evidence must prove or disprove a fact in issue. See § 90.401, Fla....
District Court of Appeal of Florida | Filed: Jul 9, 2018 | Docket: 7386601
Published
tending to prove or disprove a material fact.” § 90.401, Fla. Stat. (2016). “All relevant evidence is
162 So. 3d 52, 2014 WL 3730458, 2014 Fla. App. LEXIS 11598
District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 3210
Published
...an assault, an essential element to the charge of burglary.
Generally, the test for the admissibility of evidence is relevance.
§ 90.402, Fla. Stat. (2012). Relevant evidence is defined by statute as
“evidence tending to prove or disprove a material fact.” § 90.401, Fla....
737 So. 2d 1208, 1999 Fla. App. LEXIS 10059
District Court of Appeal of Florida | Filed: Jul 27, 1999 | Docket: 64789652
Published
tending to prove or disprove a material fact.” § 90.401, Fla. Stat. (1997). Except as provided by law
District Court of Appeal of Florida | Filed: Jul 25, 2018 | Docket: 7511627
Published
existence until after the patient died. Section 90.401, Florida Statutes (2017), defines “relevant
District Court of Appeal of Florida | Filed: Jul 23, 2019 | Docket: 15953775
Published
casing, or bullet projectile as evidence under section 90.401, Florida Statutes. Appellant also asserted
District Court of Appeal of Florida | Filed: Jul 22, 2020 | Docket: 17370646
Published
evidence of such causation was irrelevant. See § 90.401, Fla. Stat. (2019) (“Relevant evidence is evidence
936 So. 2d 35, 2006 WL 1999373
District Court of Appeal of Florida | Filed: Jul 19, 2006 | Docket: 1161126
Published
...Mondy had actually signed them, it would appear that the expert's opinion that the person who signed the specimens was not the same as that who signed the sales contract was simply not relevant to whether Mrs. Mondy was the person who signed the sales contract. See § 90.401, Fla....
District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68313038
Published
So. 3d 1028, 1033 (Fla. 2d DCA 2017) (quoting § 90.401, Fla. Stat.). As explained, appellant’s statements
997 So. 2d 1266, 2009 WL 18689
District Court of Appeal of Florida | Filed: Jan 5, 2009 | Docket: 1720760
Published
...es with which Osborne was charged. See Nardone v. State, 798 So.2d 870, 874 (Fla. 4th DCA 2001) (the standard for reviewing the admissibility of evidence is abuse of discretion). Relevant evidence tends to prove or disprove a material fact in issue. § 90.401, Fla....
District Court of Appeal of Florida | Filed: Jan 22, 2020 | Docket: 16738443
Published
confusion”) and did not argue relevancy grounds under section 90.401, Florida Statutes. Nor did Appellant raise
District Court of Appeal of Florida | Filed: Jan 17, 2024 | Docket: 68034884
Published
necessary if it is, in fact, relevant. Compare § 90.401, Fla. Stat. (2021) ("Relevant evidence is
District Court of Appeal of Florida | Filed: Jan 12, 2024 | Docket: 63591352
Published
tending to prove or disprove a material fact." § 90.401, Fla. Stat. (2023). Thus, the exception permits
District Court of Appeal of Florida | Filed: Feb 28, 2024 | Docket: 68290249
Published
tending to prove or disprove a material fact.” § 90.401, Fla. Stat. (2023). Here, Aviles claims
District Court of Appeal of Florida | Filed: Feb 22, 2023 | Docket: 66833843
Published
” § 90.404(2)(a), Fla. Stat. (2022); see also § 90.401, Fla. Stat. (2022) (“Relevant evidence is evidence
180 So. 3d 1154, 2015 Fla. App. LEXIS 18415, 2015 WL 8294774
District Court of Appeal of Florida | Filed: Dec 9, 2015 | Docket: 3019344
Published
...“The test of inadmissibility is a lack of
relevancy.” Conde v. State, 860 So. 2d 930, 945 (Fla. 2003) (citation
omitted) (internal quotation marks omitted). “Relevant evidence is
evidence tending to prove or disprove a material fact.” § 90.401, Fla....
District Court of Appeal of Florida | Filed: Dec 8, 2021 | Docket: 61601905
Published
State, 19 So. 3d 277, 291 (Fla. 2009). Under section 90.401, Florida Statutes (2019), “[r]elevant evidence
District Court of Appeal of Florida | Filed: Dec 6, 2023 | Docket: 68065659
Published
tending to prove or disprove a material fact.” § 90.401, Fla. Stat. (2023). The entire series of text
Supreme Court of Florida | Filed: Dec 5, 2024 | Docket: 69438978
Published
anything about their, or his, inherited traits. See § 90.401, Fla. Stat. (2023). Had Randolph not been
Supreme Court of Florida | Filed: Dec 5, 2019 | Docket: 68539974
Published
“tend[s] to prove or disprove a material fact,” § 90.401, Fla. Stat. (2019). The piece of duct tape with
76 So. 3d 1012, 2011 Fla. App. LEXIS 19198, 2011 WL 6004357
District Court of Appeal of Florida | Filed: Dec 2, 2011 | Docket: 2358021
Published
...Moreover, the evidence Petitioner sought to admit (that he had called for a ride and was waiting, in his car with the radio on, for that ride at the time of his arrest) is irrelevant to whether or not petitioner committed DUIspecifically, the "actual physical control" requirement. See § 90.401, Fla....
District Court of Appeal of Florida | Filed: Dec 13, 2024 | Docket: 69463632
Published
"tend[s] to prove or disprove a material fact." § 90.401, Fla. Stat. (2022). And as we have previously
District Court of Appeal of Florida | Filed: Dec 13, 2023 | Docket: 68069486
Published
tending to prove or disprove a material fact.” § 90.401, Fla. Stat. (2022). “All relevant evidence is
253 So. 3d 75
District Court of Appeal of Florida | Filed: Aug 3, 2018 | Docket: 7587952
Published
tending to prove or disprove a material fact.” § 90.401, Fla. Stat. (2012). “Relevant evidence is inadmissible
175 So. 3d 836, 2015 Fla. App. LEXIS 12757, 2015 WL 5026175
District Court of Appeal of Florida | Filed: Aug 26, 2015 | Docket: 2687697
Published
...A
declarant is unavailable to testify if the declarant asserts his or her Fifth
Amendment right against self-incrimination. Roussonicolos v. State, 59
So. 3d 238, 240 (Fla. 4th DCA 2011).
Also, it is undisputed that the statements are relevant. Evidence is
relevant if it tends to prove or disprove a material fact. § 90.401, Fla....
937 So. 2d 703, 2006 WL 2355481
District Court of Appeal of Florida | Filed: Aug 16, 2006 | Docket: 459561
Published
...mages. The trial court's discretion in admitting evidence is limited "by the rules of evidence." Nardone v. State, 798 So.2d 870, 874 (Fla. 4th DCA 2001). Any evidence that tends to "prove or disprove a material fact" is logically relevant evidence. § 90.401, Fla....
District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098305
Published
tending to prove or disprove a material fact.” § 90.401, Fla. Stat. “All relevant evidence is admissible
District Court of Appeal of Florida | Filed: Apr 7, 2017 | Docket: 4670185
Published
"tending to prove or disprove a material fact." § 90.401. Statements of a party offered by an opponent
District Court of Appeal of Florida | Filed: Apr 22, 2020 | Docket: 17089289
Published
tending to prove or disprove a material fact.” § 90.401, Fla. Stat. (2017). “All relevant evidence is
District Court of Appeal of Florida | Filed: Apr 1, 2020 | Docket: 17033714
Published
tending to prove or disprove a material fact.” § 90.401, Fla. Stat. (2019). However, relevant evidence
