Annotations, Discussions, Cases:
Cases Citing Statute 90.402
Total Results: 262
660 So. 2d 244, 1995 WL 324080
Supreme Court of Florida | Filed: Jun 1, 1995 | Docket: 1639619
Cited 134 times | Published
...State, 265 So.2d 685, 693-94 (Fla. 1972) (holding that evidence of four other murders committed shortly after the murder for which defendant was tried was admissible). Inseparable crime evidence is admitted not under 90.404(2)(a) as similar fact evidence but under section 90.402 because it is relevant....
970 So. 2d 312, 32 Fla. L. Weekly Fed. S 763
Supreme Court of Florida | Filed: Nov 21, 2007 | Docket: 1151064
Cited 100 times | Published
...oneous assessment of the evidence." Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 405, 110 S.Ct. 2447, 110 L.Ed.2d 359 (1990). We will, therefore, examine the rules of evidence which govern and the assessment of the evidence presented in this case. Section 90.402, Florida Statutes (2005), a provision within the Florida Evidence Code, provides that all relevant evidence is admissible except as provided by law....
707 So. 2d 300, 1997 WL 539438
Supreme Court of Florida | Filed: Sep 4, 1997 | Docket: 1260222
Cited 88 times | Published
...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. Stat. (1995), and all relevant evidence is generally admissible unless the law provides otherwise. Id. § 90.402....
753 So. 2d 9, 2000 WL 14472
Supreme Court of Florida | Filed: Jan 6, 2000 | Docket: 466839
Cited 87 times | Published
...In Williams v. State, 110 So.2d 654 (Fla. 1959), this Court reiterated the standard rule for admission of evidence; that is, that any evidence relevant to prove a material fact at issue is admissible unless precluded by a specific rule of exclusion. See § 90.402, Fla....
...State, 533 So.2d 744 (Fla.1988), we made it clear that the admissibility of other crimes evidence is not limited to crimes with similar facts. We stated that similar fact evidence may be admissible pursuant to section 90.404, and other crimes or bad acts that are not similar may be admissible under section 90.402....
...Thus, section 90.404 is a special limitation governing the admissibility of similar fact evidence. But if evidence of a defendant's collateral bad acts bears no logical resemblance to the crime for which the defendant is being tried, then section 90.404(2)(a) does not apply and the general rule in section 90.402 controls....
639 So. 2d 966, 1994 WL 318674
Supreme Court of Florida | Filed: Jul 7, 1994 | Docket: 1310337
Cited 85 times | Published
...to rely on the evidence pursuant to section 90.404(2)(b)1., Florida Statutes (1991). 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....
..." § 90.404(2)(a), Fla. Stat. (1991) (emphasis added). Thus, evidence of uncharged crimes which are inseparable from the crime charged, or evidence which is inextricably intertwined with the crime charged, is not Williams rule evidence. It is admissible under section 90.402 because "it is a relevant and inseparable part of the act which is in issue.......
701 So. 2d 845, 1997 WL 574741
Supreme Court of Florida | Filed: Sep 18, 1997 | Docket: 1736770
Cited 84 times | Published
...The trial court found that the lack of blood or hair found on the stick related to its weight rather than its admissibility. We agree with the trial court that this evidence was relevant and admissible to explain the entirety of the criminal episode. See § 90.402, Fla....
719 So. 2d 1197, 1998 WL 670380
Supreme Court of Florida | Filed: Oct 1, 1998 | Docket: 2518352
Cited 80 times | Published
...[4] During closing argument, the prosecutor again referred to the kidnapping and abandonment of the child as one of the reasons the jury should disbelieve Gore's testimony. We begin our analysis with the basic proposition that in order to be admissible, evidence must be relevant. See § 90.402, Fla....
934 So. 2d 1248, 2006 WL 1837909
Supreme Court of Florida | Filed: Jul 6, 2006 | Docket: 1460812
Cited 80 times | Published
...However, the statute goes on to qualify this general statement by specifying that evidence of other acts of child molestation "may be considered for its bearing on any matter to which it is relevant." Thus, relevancy remains the threshold question. See § 90.402, Fla....
787 So. 2d 732, 2001 WL 197024
Supreme Court of Florida | Filed: Mar 1, 2001 | Docket: 1495764
Cited 77 times | Published
...Williams v. State, 110 So.2d 654 (Fla.1959), this Court reiterated the standard rule for admission of evidence; that is, that any evidence relevant to prove a material fact at issue is admissible unless precluded by a specific rule of exclusion. See § 90.402, Fla....
...State, 533 So.2d 744 (Fla.1988), we made it clear that the admissibility of other crimes evidence is not limited to crimes with similar facts. We stated that similar fact evidence may be admissible pursuant to section 90.404, and other crimes or bad acts that are not similar may be admissible under section 90.402....
...Thus, section 90.404 is a special limitation governing the admissibility of similar fact evidence. But if evidence of a defendant's collateral bad acts bears no logical resemblance to the crime for which the defendant is being tried, then section 90.404(2)(a) does not apply and the general rule in section 90.402 controls....
855 So. 2d 1, 2003 WL 21283161
Supreme Court of Florida | Filed: Jun 5, 2003 | Docket: 1752466
Cited 66 times | Published
...[22] When the State sought to introduce the application, Taylor objected on the basis that the application was irrelevant and could be construed as an attack on character based on the false statements. 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....
...Bryan v. State, 533 So.2d 744, 746 (Fla. 1988); see also Sexton v. State, 697 So.2d 833, 837 (Fla.1997) (stating "if evidence of a defendant's collateral bad acts bears no logical resemblance to the crime for which the defendant is being tried, then section 90.402(2)(a) does not apply and the general rule in section 90.402 controls"); Pittman v....
...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....
696 So. 2d 738, 1997 WL 268909
Supreme Court of Florida | Filed: May 22, 1997 | Docket: 1696110
Cited 61 times | Published
...ence. As this Court explained in Griffin v. State, evidence of uncharged crimes which are inseparable from the crime charged, or evidence which is inextricably intertwined with the crime charged, is not Williams rule evidence. It is admissible under section 90.402 because "it is a relevant and inseparable part of the act which is in *743 issue.......
484 So. 2d 568, 10 Fla. L. Weekly 526
Supreme Court of Florida | Filed: Sep 19, 1985 | Docket: 1343632
Cited 58 times | Published
...hired him and the roles played by appellant and Nelson in the crimes. All relevant evidence is admissible until it is shown to be inadmissible for some lawful reason. We see no reason why the portion of the tape objected to should have been excised. § 90.402, Fla....
...The videotape was relevant to the premeditated conspiracy to murder Baskovich and corroborated other evidence showing premeditation between Dragovich and appellant to commit the murder. In Florida all relevant evidence is admissible except as provided by law. § 90.402, Fla....
567 So. 2d 892, 1990 WL 149736
Supreme Court of Florida | Filed: Oct 4, 1990 | Docket: 1381388
Cited 55 times | Published
...These same factors should apply when the defendant offers such evidence. The district court suggests that the similarity of conduct should be less when a defendant seeks to introduce Williams rule evidence because there is a lessened chance of prejudice. Section 90.402, Florida Statutes (1987), provides that all relevant evidence is admissible except as provided by law....
424 So. 2d 726
Supreme Court of Florida | Filed: Oct 28, 1982 | Docket: 2489148
Cited 55 times | Published
...323 (1938); 1 Wharton's Criminal Evidence, § 215 (13th ed. 1972). As such they were an indication of guilt, the ultimate material issue. Since the statements were thus relevant, they were to be deemed admissible unless excluded by some specific rule of law. § 90.402, Fla....
525 So. 2d 420, 1988 WL 50191
Supreme Court of Florida | Filed: May 19, 1988 | Docket: 1304680
Cited 48 times | Published
...The district court of appeal affirmed, holding that the trial court did not abuse its discretion by suppressing all evidence concerning the cocaine in McClain's blood. We begin our analysis with the general proposition that all relevant evidence is admissible unless the law otherwise provides. § 90.402, Fla....
697 So. 2d 805, 1996 WL 559883
Supreme Court of Florida | Filed: Oct 16, 1997 | Docket: 1776654
Cited 45 times | Published
...Ehrhardt, Florida Evidence § 404.9, at 156 (1995 ed.). See Hartley v. State, 686 So.2d 1316, 1320 (Fla.1996) (citing Griffin v. State, 639 So.2d 966 (Fla.1994)) (both stating that evidence of other crimes which are "inseparable from the crime charged" is admissible under section 90.402)....
699 So. 2d 629, 1997 WL 365536
Supreme Court of Florida | Filed: Jul 3, 1997 | Docket: 1321162
Cited 45 times | Published
...However, the medical examiner testified that there was no medical evidence of trauma to Gibbs' vagina. Based upon our review of the record, we find this evidence of sexual battery was relevant as an inseparable part of the criminal episode at issue and not unduly prejudicial. See § 90.402, Fla....
701 So. 2d 545, 1997 WL 603489
Supreme Court of Florida | Filed: Oct 2, 1997 | Docket: 1736799
Cited 44 times | Published
...Although a party's own statement, offered against the party, can satisfy the admissions exception to the prohibition against hearsay, it is still subject to the general requirement that only relevant evidence may be admitted. See § 90.803(18)(a), Fla. Stat. (1995); § 90.402, Fla....
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
...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....
71 So. 3d 848, 36 Fla. L. Weekly Supp. 383, 2011 Fla. LEXIS 1565, 2011 WL 2637377
Supreme Court of Florida | Filed: Jul 7, 2011 | Docket: 2353993
Cited 43 times | Published
...There are two categories under which evidence of uncharged crimes or bad acts will be admissiblesimilar fact evidence, otherwise known as Williams rule evidence, and dissimilar fact evidence. The requirements and limitations of section 90.404 govern similar fact evidence while the general rule of relevancy set forth in section 90.402 governs dissimilar fact evidence....
...(Citations omitted.) The collateral crime evidence that McCRAY was a drug dealer who was arrested in a drug raid at the murder site was not similar fact evidence, and consequently, McCRAY's claim does not constitute a true Williams rule claim. As explained below, the general rule of relevancy under section 90.402, Florida Statutes (2008), applies, and the evidence at issue was relevant to establish McCRAY's motive for the charged crimes....
686 So. 2d 1316, 1996 WL 528456
Supreme Court of Florida | Filed: Sep 19, 1996 | Docket: 1260371
Cited 41 times | Published
...This does not mean, however, that evidence of other crimes is never admissible unless it is similar. Rather, evidence of other crimes that are "inseparable from the crime charged, or evidence which is inextricably intertwined with the crime charged," is admissible under section 90.402 (admissibility of relevant evidence) because it is relevant and necessary to adequately describe the crime at issue....
785 So. 2d 1209, 2001 WL 223404
Supreme Court of Florida | Filed: Mar 8, 2001 | Docket: 450199
Cited 41 times | Published
...State, 265 So.2d 685, 693-94 (Fla.1972) (holding that evidence of four other murders committed shortly after the murder for which defendant was tried was admissible). Inseparable crime evidence is admitted not under 90.404(2)(a) as similar fact evidence but under section 90.402 because it is relevant....
655 So. 2d 95, 1995 WL 273937
Supreme Court of Florida | Filed: May 11, 1995 | Docket: 1327098
Cited 40 times | Published
...ng her bloody smock. In admitting photographs, the primary focus should be relevancy. Wyatt v. State, 641 So.2d 355 (Fla. 1994), cert. denied, ___ U.S. ___, 115 S.Ct. 1372, 131 L.Ed.2d 227 (1995); Thompson v. State, 565 So.2d 1311, 1314 (Fla. 1990); § 90.402, Fla....
426 So. 2d 76
District Court of Appeal of Florida | Filed: Feb 8, 1983 | Docket: 510869
Cited 40 times | Published
...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. [18] Section 90.402 provides that "[a]ll relevant evidence is admissible, except as provided by law." There are, of course, two forms of relevancy: logical and legal....
842 So. 2d 817, 2003 WL 1786712
Supreme Court of Florida | Filed: Apr 3, 2003 | Docket: 1440370
Cited 40 times | Published
...be dealt with contemporaneously. The motion was denied as to any statements made by the defendant (paragraph one). Generally, any evidence relevant to prove a material fact at issue is admissible unless precluded by a specific rule of exclusion. See § 90.402, Fla....
955 So. 2d 480, 2007 WL 63640
Supreme Court of Florida | Filed: Jan 11, 2007 | Docket: 1659258
Cited 39 times | Published
...or which the defendant is being tried. See Smith v. State, 699 So.2d 629, 645 (Fla.1997) (holding that evidence of an uncharged "sexual battery was relevant as an inseparable part of the criminal episode at issue and not unduly prejudicial") (citing § 90.402, Fla....
817 So. 2d 799, 2002 WL 500174
Supreme Court of Florida | Filed: Apr 4, 2002 | Docket: 1728324
Cited 38 times | Published
...143, 148 L.Ed.2d 94 (2000), we explained: In Williams v. State, 110 So.2d 654 (Fla.1959), this Court reiterated the standard rule for admission of evidence; that is, that any evidence relevant to prove a material fact at issue is admissible unless precluded by a specific rule of exclusion. See § 90.402, Fla....
...State, 533 So.2d 744 (Fla.1988), we made it clear that the admissibility of other crimes evidence is not limited to crimes with similar facts. We stated that similar fact evidence may be admissible pursuant to section 90.404, and other crimes or bad acts that are not similar may be admissible under section 90.402....
...Thus, section 90.404 is a special limitation governing the admissibility of similar fact evidence. But if evidence of a defendant's collateral bad acts bears no logical resemblance to the crime for which the defendant is being tried, then section 90.404(2)(a) does not apply and the general rule in section 90.402 controls....
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
...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....
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
...a car chase. We reject the claim that this evidence was similar fact evidence subject to the requirements of section 90.404(2), Florida Statutes (2004). We hold that the trial court was correct in admitting Graham's testimony as relevant pursuant to section 90.402, Florida Statutes (2004), to show the circumstances leading up to the commission of the murders....
...[8] A trial court's determination that evidence is relevant and admissible "will not be disturbed absent an abuse of discretion." Taylor v. 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....
...issimilar fact' evidence." Zack v. State, 753 So.2d 9, 16 (Fla.2000). Similar fact evidence is governed by the requirements and limitations of section 90.404, and dissimilar fact evidence is governed by the general rule of *99 relevancy set forth in section 90.402....
...rning the admissibility of similar fact evidence. But if evidence of a defendant's collateral bad acts bears no logical resemblance to the crime for which the defendant is being tried, then section 90.404(2)(a) does not apply and the general rule in section 90.402 controls....
...s that "bear[ ] no logical resemblance to the crime [of murder] for which [Victorino] [was] being tried." Sexton, 697 So.2d at 837. Accordingly, section 90.404(2) does not apply. Dissimilar fact evidence of uncharged misconductwhich is governed by section 90.402's general rule of relevancy is admissible to "establish[] the relevant context in which the [charged] criminal acts occurred." Caruso v....
...Griffin explains the test for dissimilar fact evidence as follows: [E]vidence of uncharged crimes which are inseparable from the crime charged, or evidence which is inextricably intertwined with the crime charged, is not Williams rule evidence. It is admissible under section 90.402 because "it is a relevant and inseparable part of the act which is in issue.......
42 So. 3d 204, 35 Fla. L. Weekly Supp. 323, 2010 Fla. LEXIS 854, 2010 WL 2195709
Supreme Court of Florida | Filed: Jun 3, 2010 | Docket: 2398193
Cited 35 times | Published
...o a fair trial. In Florida, all relevant evidence is admissible, unless its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence. See § 90.402-.403, Fla....
866 So. 2d 51, 2004 WL 178582
Supreme Court of Florida | Filed: Jan 29, 2004 | Docket: 1680037
Cited 34 times | Published
...nce. As this Court explained in Griffin v. State , evidence of uncharged crimes which are inseparable from the crime charged, or evidence which is inextricably intertwined with the crime charged, is not Williams rule evidence. It is admissible under section 90.402 because "it is a relevant and inseparable part of the act which is in issue.......
...State, 639 So.2d 966, 968 (Fla.1994) (noting evidence of uncharged crimes which are inseparable from crime charged and evidence which is inextricably intertwined with the crime charged are not Williams rule evidence but, rather, are admissible under section 90.402)....
...In addition to Wigmore's logical argument, it seems that both the language of Section 90.404(2)(a) and of Williams indicates that the rule applies to evidence of discrete acts other than the actions of the defendant committing the instant crime charged. Under this view, inseparable crime evidence is admissible under Section 90.402 because it is relevant rather than being admitted under 90.402(2)(a)....
452 So. 2d 540
Supreme Court of Florida | Filed: Jun 14, 1984 | Docket: 474535
Cited 33 times | Published
...on 322.16. This interpretation is incorrect. The language in deJesus that a violation of a traffic regulation is evidence of negligence was not meant to be an exception to the general rule that for evidence to be admissible, it must be relevant. See § 90.402, Fla....
697 So. 2d 833, 1997 WL 417435
Supreme Court of Florida | Filed: Jul 17, 1997 | Docket: 1777251
Cited 33 times | Published
...relevant solely to prove bad character or propensity. The State counters that evidence of Sexton's collateral bad acts was not proffered and admitted as similar fact evidence under section 90.404(2)(a), but rather as "dissimilar fact" evidence under section 90.402, which simply states that all relevant evidence is admissible except as provided by law....
...Thus, section 90.404 is a special limitation governing the admissibility of similar fact evidence. But if evidence of a defendant's collateral bad acts bears no logical resemblance to the crime for which the defendant is being tried, then section 90.404(2)(a) does not apply and the general rule in section 90.402 controls....
579 So. 2d 86, 1991 WL 45123
Supreme Court of Florida | Filed: Apr 4, 1991 | Docket: 2041247
Cited 32 times | Published
...sented in a fair and impartial manner, provided that the evidence is competent, reliable, trustworthy, and not otherwise excludable because of countervailing interests expressed in law, such as constitutional and statutory rights and privileges. Cf. § 90.402, Fla....
674 So. 2d 826, 1996 WL 252233
District Court of Appeal of Florida | Filed: May 15, 1996 | Docket: 1195272
Cited 31 times | Published
...ive 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. 90.402 and 90.403? [1] We exercise our discretionary jurisdiction pursuant to Florida Rule of Appellate Procedure 9.030(b)(4)(A) because of the disparate approaches and conclusions of the county court judges concerning the admissibility of field sobriety test evidence in DUI prosecutions within this district....
...THE PROBATIVE VALUE OF THE TESTIMONY ON FIELD SOBRIETY TESTS SUBSTANTIALLY OUTWEIGHED BY THE DANGER OF UNFAIR PREJUDICE, CONFUSION OF ISSUES, OR MISLEADING THE JURY SO AS TO REQUIRE EXCLUSION OF THE TESTIMONY IN DUI PROSECUTIONS PURSUANT TO SECTIONS 90.402 AND 90.403, FLORIDA STATUTES? We answer these questions by distinguishing between: (1) psychomotor field sobriety tests, in which the defendants are requested to perform certain tasks; and (2) the horizontal gaze nystagmus (HGN) test, which is scientific evidence of a physiological phenomenon associated with intoxication....
565 So. 2d 328, 1990 WL 78965
District Court of Appeal of Florida | Filed: Jun 13, 1990 | Docket: 379799
Cited 30 times | Published
...denied, 508 So.2d 13 (Fla. 1987). This court has held that the characteristics of inseparable crime evidence are distinct from those of collateral crime evidence, and such evidence is admissible for different reasons and under a different section of the Evidence Code, section 90.402, Florida Statutes (1987)....
944 So. 2d 1207, 2006 WL 3734363
District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 3281
Cited 29 times | Published
...of the charged offense. This court concluded that the evidence was properly admitted as collateral crimes evidence under two distinct theories: (1) that the uncharged hand-to-hand transactions were properly admitted as relevant evidence pursuant to section 90.402 because they were committed in a single criminal episode; and (2) that they were properly admitted as relevant evidence pursuant to section 90.402 because the evidence was inextricably intertwined with the crime charged. Under either theory, since the evidence was admitted as relevant evidence pursuant to section *1212 90.402, rather than as "other criminal offenses" pursuant to section 90.404, the ten-day notice requirement did not apply....
...Our failure to recede from the portion of D.M. under review, however, is of no importance since we conclude that the complained-of evidence in the instant case was properly admitted as (1) relevant evidence that was inextricably intertwined pursuant to section 90.402, and/or (2) evidence relevant to a material issue at trial. THE LAW IN GENERAL Generally, all relevant evidence is admissible, unless precluded by law. See § 90.402, Fla....
...ollateral crimes evidence." Collateral crimes evidence includes (1) similar fact evidence, which is governed by section 90.404, and is commonly referred to as " Williams rule evidence," [4] and (2) all other relevant evidence, admissible pursuant to section 90.402....
...of the evidence and to prepare a defense, which may include additional discovery. See Charles W. Ehrhardt, Florida Evidence § 404.9 (2006); see also Robertson v. State, 829 So.2d 901, *1213 907-08 (Fla.2002). All other relevant evidence falls under section 90.402. Some of the evidence that generally falls into the category of relevant evidence under section 90.402, is evidence that is inextricably intertwined with the charges being prosecuted....
...State, 397 So.2d 277, 280 (Fla.1981), receded from on other grounds, Scull v. State, 533 So.2d 1137 (Fla.1988); Vail, 890 So.2d at 376; or (4) adequately describe the events leading up to the charged crime(s), Griffin, 639 So.2d at 970; Vail, 890 So.2d at 376. Relevant evidence admitted under section 90.402 does not require notice. See Hunter, 660 So.2d at 251 ("Inseparable crime evidence is admitted not under 90.404(2)(a) as similar fact evidence but under section 90.402 because it is relevant."); Griffin, 639 So.2d at 968 (holding that "evidence which is inextricably intertwined with the crime charged, is not Williams rule evidence," and concluding that the evidence was admissible under section 90.402 because the evidence was relevant); Kelly v....
...ore the crime charged is admissible as inseparable crime evidence, therefore, the notice requirement of section 90.404 is inapplicable); Tumulty v. State, 489 So.2d 150 (Fla. 4th DCA 1986)(holding that "inseparable crime evidence is admissible under Section 90.402 because it is relevant" and, "[t]herefore, there is no need to comply with the ten-day notice provision")....
...to uncharged criminal acts, does not require notice. The issue is relevancy. THE EVIDENCE WAS PROPERLY ADMITTED AS COLLATERAL CRIMES EVIDENCE We conclude that evidence of the prior uncharged hand-to-hand transaction was properly admitted pursuant to section 90.402 as relevant evidence, evidence which was inextricably intertwined with the crime charged and offered to establish the entire context of events leading up to the charged offense, the reliability of Detective Fernandez's identification of the defendant as the seller, and to establish the absence of mistake....
...In D.M., this court held: [U]nder the facts of this case, the testimony about the first three transactions was inseparable crimes evidence, that is, "evidence which is inextricably intertwined with the crime charged. . . ." Griffin v. State, 639 So.2d 966, 968 (Fla. 1994). "It is admissible under section 90.402 because `it is a relevant and inseparable part of the act which is in issue....
...s also relevant to explain why, if the defendant was the seller, no drugs were found on him. Thus, we conclude, as this court concluded in D.M., that the evidence was properly admitted as inextricably intertwined and as relevant evidence pursuant to section 90.402....
...the defendant, why no drugs were found on the defendant's person, and why the officer was not mistaken regarding the identity of the seller. THE EVIDENCE WAS ALSO ADMISSIBLE BECAUSE IT WAS RELEVANT TO A MATERIAL FACT AT ISSUE To be admissible under section 90.402, there is no requirement that the evidence be inextricably intertwined....
...1994), the collateral crime evidence was relevant to rebut the defendant's claim of self defense in a homicide action. Miller, 667 So.2d at 328. In Damren v. State, 696 So.2d 709 (Fla.1997), the Florida Supreme Court also concluded that a theft committed by the defendant earlier that day was admissible under section 90.402 as it was relevant to whether the defendant was too intoxicated to form the requisite specific intent to commit the charged burglary. Id. at 711. As the evidence was offered to prove a material fact in dispute, and because it provided the trier of fact with a complete picture of the events in question, we conclude the evidence was properly introduced as relevant evidence under section 90.402, Florida Statutes (2003)....
...as limiting the admissibility of collateral crimes evidence to a fifteen minute time interval. We, however, never intended to set an arbitrary time limit. We, therefore, clarify our holding in D.M. as limiting the admissibility of relevant evidence pursuant to section 90.402, based upon a section 90.403 analysis, which requires that the probative value of such evidence not be outweighed by its prejudicial effect....
714 So. 2d 423, 1998 WL 306593
Supreme Court of Florida | Filed: Jun 11, 1998 | Docket: 390867
Cited 28 times | Published
...Thus, section 90.404 is a special limitation governing the admissibility of similar fact evidence. But if evidence of a defendant's collateral bad acts bears no logical resemblance to the crime for which the defendant is being tried, then section 90.404(2)(a) does not apply and the general rule in section 90.402 controls....
...is to be considered. After the close of the evidence, the jury shall be instructed on the limited purpose for which the evidence was received and that the defendant cannot be convicted for a charge not included in the indictment or information. [6] Section 90.402, Florida Statutes (1993), entitled "Admissibility of relevant evidence," states: "All relevant evidence is admissible, except as provided by law." [7] See, e.g., Ferrell v....
801 So. 2d 78, 2001 WL 1241060
Supreme Court of Florida | Filed: Oct 18, 2001 | Docket: 1495138
Cited 27 times | Published
...uilt 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. Stat. (1997), and all relevant evidence is generally admissible unless the law provides otherwise. Id. § 90.402....
686 So. 2d 1324, 1996 WL 528457
Supreme Court of Florida | Filed: Sep 19, 1996 | Docket: 1675958
Cited 26 times | Published
...This does not mean, however, that evidence of other crimes is never admissible unless it is similar. Rather, evidence of other crimes that are "inseparable from the crime charged, or evidence which is inextricably intertwined with the crime charged," is admissible under section 90.402 (admissibility of relevant evidence) because it is relevant and necessary to adequately describe the crime at issue....
810 So. 2d 836, 2001 WL 1628609
Supreme Court of Florida | Filed: Dec 20, 2001 | Docket: 1223954
Cited 24 times | Published
...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. Stat. (2000). All relevant evidence is admissible, unless specifically excluded: 90.402 Admissibility of relevant evidence.-All relevant evidence is admissible, except as provided by law. § 90.402, Fla....
18 So. 3d 432, 34 Fla. L. Weekly Supp. 359, 2009 Fla. LEXIS 860, 2009 WL 1544273
Supreme Court of Florida | Filed: Jun 4, 2009 | Docket: 2531313
Cited 23 times | Published
...State, 639 So.2d 966, 968 (Fla.1994) ("[E]vidence of uncharged crimes which are inseparable from the crime charged, or evidence which is inextricably intertwined with the crime charged, is not Williams rule evidence."). Rather, the evidence of the threat to Trelane was admissible under section 90.402, Florida Statutes (1997), because "it [was] a relevant and inseparable part of the act which [was] in issue....
511 So. 2d 583
District Court of Appeal of Florida | Filed: Sep 16, 1987 | Docket: 1700760
Cited 21 times | Published
...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. Section 90.402 states all relevant evidence is admissible except as provided by law....
...The appellant claimed evidence of the earlier smuggling operations was irrelevant collateral crime information that was inadmissible under section 90.404(2)(a), Florida Statutes. This court disagreed. It stated the evidence of the earlier transactions was admissible under section 90.402 simply as relevant evidence....
...Ehrhardt indicates the Fifth and Eleventh Circuits have adopted Wigmore's view that the reason for admitting such evidence is similar to that for admitting so-called "res gestae" evidence it is necessary in order adequately to describe the deed. Ehrhardt says it is thus relevant and admissible under section 90.402, and does not fall under section 90.404(2)(a)....
489 So. 2d 150, 11 Fla. L. Weekly 1211
District Court of Appeal of Florida | Filed: May 28, 1986 | Docket: 1528806
Cited 21 times | Published
...The state's position throughout was that the above cited section of the Evidence Code did not control the admissibility of the evidence in question. On the contrary, the evidence of the first three smuggling trips and the sale and distribution of the drugs was admissible under section 90.402 simply as relevant evidence....
...In addition to Wigmore's logical argument, it seems that both the language of Section 90.404(2)(a) and of Williams indicates that the rule applies to evidence of discrete acts other than the actions of the defendant committing the instant crime charged. Under this view, inseparable crime evidence is admissible under Section 90.402 because it is relevant rather than being admitted under 90.402(2)(a)....
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
...Thereafter, on two occasions, the court gave a cautionary instruction on the limited purpose for which the evidence was being received. The test for admissibility of evidence of collateral crimes is relevance. Heiney v. State, 447 So.2d 210 (Fla.), cert. denied, ___ U.S. ___, 105 S.Ct. 303, 83 L.Ed.2d 237 (1984). Section 90.402, Florida Statutes (1983), provides that "[a]ll relevant evidence is admissible, except as provided by law." "There are, of course, two forms of relevancy: logical and legal....
737 So. 2d 1208, 1999 WL 534733
District Court of Appeal of Florida | Filed: Jul 27, 1999 | Docket: 1709666
Cited 21 times | Published
...d 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. Stat. (1997). Except as provided by law, "[a]ll relevant evidence is admissible." § 90.402, Fla....
...parties in a civil action. Cf. Moreno v. State, 418 So.2d 1223, 1225 (Fla. 3d DCA 1982) (construing § 90.404(2) as applying "only to the use of similar crime evidence by the state against the defendant in a criminal trial," and relying instead upon § 90.402 "relevant evidence" rule as proper basis for admissibility of erroneously excluded evidence of "similar crime" committed by State's key witnesses)....
714 So. 2d 470, 1998 WL 219717
District Court of Appeal of Florida | Filed: May 6, 1998 | Docket: 461491
Cited 20 times | Published
...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. Stat. (1995). "All relevant evidence is admissible, except as provided by law." § 90.402, Fla....
416 So. 2d 1133
District Court of Appeal of Florida | Filed: Mar 31, 1982 | Docket: 1224667
Cited 20 times | Published
...imony much weight however, that determination must be made by the trier of fact in each case. Having determined that the income data is relevant as both substantive and rebuttal evidence, it is admissible unless *1140 otherwise prohibited by law. Section 90.402, Florida Statutes (1977)....
696 So. 2d 709, 1997 WL 228418
Supreme Court of Florida | Filed: May 8, 1997 | Docket: 1696223
Cited 19 times | Published
...ruction concerning "similar fact" evidence in relation to the prior crime discussed above. We disagree. Although a limiting instruction is required under section 90.404(2), Florida Statutes (1993), for "similar fact" evidence, none is required under section 90.402 for "relevant" evidence....
418 So. 2d 1223
District Court of Appeal of Florida | Filed: Sep 7, 1982 | Docket: 1289286
Cited 18 times | Published
...o another crime but rather whether it is relevant to the crime charged. Further, it is clear from a reading of the entire statute that it applies only to the use of similar crime evidence by the state against the defendant in a criminal trial. It is Section 90.402, Florida Statutes (1979) which applies to this case: it provides that "All relevant evidence is admissible except as provided by law." [2] There is authority supportive of appellant's argument that his proffered evidence should be admitted....
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
...ence from the evidence necessary 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....
763 So. 2d 437, 2000 WL 763548
District Court of Appeal of Florida | Filed: Jun 9, 2000 | Docket: 1681758
Cited 16 times | Published
...We must not forget that this is a criminal prosecution in which the state has attempted to exclude relevant evidence of innocence. The general rule is that all relevant evidence is admissibleand this declaration is undeniably relevantunless otherwise made inadmissible by the evidence code. See § 90.402 Fla....
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
...nents of relevancy: material and probative value; the former meaning evidence offered to help prove a matter in issue, and the latter, 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 determining a f...
48 So. 3d 777, 35 Fla. L. Weekly Supp. 651, 2010 Fla. LEXIS 1935, 2010 WL 4483506
Supreme Court of Florida | Filed: Nov 10, 2010 | Docket: 2396375
Cited 14 times | Published
...We reject the claim that this evidence constitutes Williams rule evidence subject to the requirements of section 90.404(2), Florida Statutes (2006). We hold that the trial court did not abuse its discretion in admitting Sheila's testimony as relevant pursuant to section 90.402, Florida Statutes (2006), to establish the context in which the charged criminal acts occurred....
...An appellate court will not disturb a trial court's determination that evidence is relevant and admissible absent an abuse of discretion. See Victorino v. State, 23 So.3d 87, 98 (Fla.2009). Relevant evidence is generally admissible unless precluded by a specific rule of exclusion. Id. (citing *787 § 90.402, Fla....
...e known as Williams rule evidence, and dissimilar fact evidence. Id. (citing Zack v. State, 753 So.2d 9, 16 (Fla.2000)). The requirements and limitations of section 90.404 govern similar fact evidence while the general rule of relevancy set forth in section 90.402 governs dissimilar fact evidence....
...We have explained the test for dissimilar fact evidence as follows: [E]vidence of uncharged crimes which are inseparable from the crime charged, or evidence which is inextricably intertwined with the crime charged, is not Williams rule evidence. It is admissible under section 90.402 because "it is a relevant and inseparable part of the act which is in issue.......
...liams rule claim. The evidence at issuewhich, as explained below, established the relevant context leading up to the charged crimesis inextricably intertwined with the defendant's charged crimes. Consequently, the general rule of relevancy under section 90.402 governs the instant matter....
760 So. 2d 892, 2000 WL 422865
Supreme Court of Florida | Filed: Apr 20, 2000 | Docket: 1695293
Cited 13 times | Published
...State, 753 So.2d 9 (Fla.2000), we recently explained: In Williams v. State, this Court reiterated the standard rule for admission of evidence; that is, that any evidence relevant to prove a material fact at issue is admissible unless precluded by a specific rule of exclusion. See § 90.402, Fla....
...State, 533 So.2d 744 (Fla.1988), we made it clear that the admissibility of other crimes evidence is not limited to crimes with similar facts. We stated that similar fact evidence may be admissible pursuant to section 90.404, and other crimes or bad acts that are not similar may be admissible under section 90.402.......
944 So. 2d 270, 2006 WL 3228813
Supreme Court of Florida | Filed: Nov 9, 2006 | Docket: 1649422
Cited 12 times | Published
..." § 90.404(2)(a), Fla. Stat. (1991) (emphasis added). Thus, evidence of uncharged crimes which are inseparable from the crime charged, or evidence which is inextricably intertwined with the crime charged, is not Williams rule evidence. It is admissible under section 90.402 because "it is a relevant and inseparable part of the act which is in issue....
783 So. 2d 1087, 2001 WL 195056
District Court of Appeal of Florida | Filed: Feb 28, 2001 | Docket: 1259353
Cited 12 times | Published
...Valcin, 507 So.2d 596 (Fla.1987)(unexplained disappearance of an operative report in a medical malpractice case), and Bird v. Hardrives of Delray, Inc., 644 So.2d 89 (Fla. 4th DCA 1994)(willful destruction of an MRI film in a personal injury action). Relevant evidence is evidence tending to prove or disprove a material fact. § 90.402, Fla....
538 So. 2d 901, 1989 WL 6174
District Court of Appeal of Florida | Filed: Mar 2, 1989 | Docket: 472525
Cited 11 times | Published
...prejudicial. Whether evidence sought to be admitted is unfair is measured first by its relevance and probative value to material issues of fact. See Moreno v. State, 418 So.2d 1223 (Fla. 3d DCA 1982). In making that assessment the starting point is section 90.402, Florida Statutes *908 (1987), which provides that "All relevant evidence is admissible except as provided by law." No showing is made that the interpretations to the general standards are devoid of probative value; nor is there a show...
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
...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 its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issu...
739 So. 2d 68, 1999 WL 236248
Supreme Court of Florida | Filed: Apr 15, 1999 | Docket: 1293999
Cited 11 times | Published
...As it is, the legislature provided that all participants in the presuit investigation are immune from civil liability arising from participation in the presuit investigative process. See § 766.106(5), Fla. Stat. (1995). [12] Finally, a trial is, in its very essence, a search for truth. Section 90.402, Florida Statutes (1997), consistent with that search, provides: "All relevant evidence is *77 admissible, except as provided by law." It appears undisputed that the presuit affidavit here in issue was relevant since it was the foundation of the malpractice litigation....
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
...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. Stat. (2007) ("Relevant evidence is evidence tending to prove or disprove a material fact."). Section 90.402 provides that "[a]ll relevant evidence is admissible, except as provided by law. " [e.s.] Notice that the exception contained in the section 90.402 statutory rule of law does not say "except that the trial judge shall have discretion to decide otherwise." It says "except as provided by law." Nothing here suggests that the admission or exclusion of relevant evidence is discretionary....
...Evidence of a sub rosa policy to get rid of those with serious injuries and incipient workers compensation claims, given by a former supervisor in a position to know, directly supports plaintiff's claim as to the hidden reason for his termination and fits well within the rule of section 90.402....
...The burden is on the objecting party to demonstrate that the probative value is `substantively outweighed' by one of the countervailing factors."). [9] This seems just another example of improperly using § 90.403 to make the admission of relevant evidence under § 90.402 function as discretionary, contrary to § 90.403's very limited purpose....
435 So. 2d 854
District Court of Appeal of Florida | Filed: Jul 29, 1983 | Docket: 1328478
Cited 10 times | Published
...sentence only if the nature of the offense of conviction is first excised. The Parker opinion, on the other hand, does specifically point out that rulings on the admissibility of prior conviction evidence must be determined in the light of Sections 90.402 .403, Florida Evidence Code (Florida Statutes, 1979)....
...was unnecessary in that case, because the state had already introduced the unrefuted testimony of an attorney who had previously represented Hall on a felony charge. Our Hall decision may properly be viewed, therefore, as falling within the ambit of Section 90.402-.403, Florida Evidence Code, rather than as standing for a per se rule of excision of the nature of the crime in every case in which proof of the prior conviction is an essential element....
452 So. 2d 661
District Court of Appeal of Florida | Filed: Jul 17, 1984 | Docket: 1517662
Cited 10 times | Published
...340, 506 P.2d 321, 323 (1973) (a person "may use that degree of force necessary to protect himself which a reasonably prudent man would have used under the conditions appearing to him at that time. " (emphasis in original)). Affirmed. NOTES [1] "All relevant evidence is admissible, except as provided by law." § 90.402, Fla....
678 So. 2d 895, 1996 WL 471155
District Court of Appeal of Florida | Filed: Aug 21, 1996 | Docket: 1737015
Cited 10 times | Published
...Classifying this as evidence of "stalking," defendant argues that its admission violated section 90.404(2), Florida Statutes (1995). Setting aside the "stalking" label as legal hyperbole, we hold that the evidence of defendant's prior contacts with Martin was admissible under section 90.402 as being relevant to and inseparable from the battery....
935 So. 2d 125, 2006 WL 2347731
District Court of Appeal of Florida | Filed: Aug 11, 2006 | Docket: 1671134
Cited 10 times | Published
...Even if collateral crime evidence is inadmissible Williams rule evidence, collateral crime evidence may be admissible if it is inextricably intertwined with the crime charged. Griffin v. State, 639 So.2d 966, 968 (Fla.1994). Such evidence is admissible under section 90.402 because it is a relevant and inseparable part of the act that is in issue and it is necessary to admit the evidence to adequately describe the act....
549 So. 2d 807, 1989 WL 118976
District Court of Appeal of Florida | Filed: Oct 5, 1989 | Docket: 1373904
Cited 9 times | Published
...material facts that it has always been clothed with many restrictions and safeguards, both those expressed in the statute and others. The first rule of the law of evidence is that all relevant evidence is admissible except as otherwise provided. See § 90.402, Fla....
573 So. 2d 343, 1990 WL 175784
District Court of Appeal of Florida | Filed: Nov 14, 1990 | Docket: 479030
Cited 9 times | Published
...The circumstances of the public record source showed a lack of trustworthiness. § 90.803(8), Fla. Stat. (1987). At trial, the record could not be deciphered as to which of the sixteen notices were relevant to the case. Since only relevant evidence is admissible, it was error to admit evidence of an unrelated notice. § 90.402, Fla....
927 So. 2d 1079, 2006 WL 1328832
District Court of Appeal of Florida | Filed: May 17, 2006 | Docket: 1765360
Cited 9 times | Published
...The evidence upon which the prosecutor focused was not Williams rule evidence. Indeed, the prosecutor never established a basis for using Mr. Denmark's juvenile offenses as Williams rule evidence. The challenged evidence was factually and temporally unrelated to the January 2001 offenses. Accordingly, the relevancy rule of section 90.402 governed the admissibility of the evidence elicited by the State. 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....
884 So. 2d 57, 2004 WL 432488
District Court of Appeal of Florida | Filed: Mar 10, 2004 | Docket: 1282197
Cited 9 times | Published
...ndamental than the basis for the very knowledge that the system will act upon. Many of the rules of evidence on their face demonstrate the universality of epistemological prescriptions in the search for reliable and trustworthy knowledge. See, e.g., § 90.402 ("All relevant evidence is admissible, except as provided by law."); § 90.802 (except as provided by statute hearsay is categorically inadmissible); § 90.901 (authentication or identification required)....
...or the present offense. Evidence of bad character or propensity to commit a crime by another would not be admitted; such evidence should benefit a criminal defendant no more than it should benefit the state." 567 So.2d at 894. Later the court said: "Section 90.402, Florida Statutes (1987), provides that all relevant evidence is admissible except as provided by law....
835 So. 2d 1226, 2003 WL 186965
District Court of Appeal of Florida | Filed: Jan 29, 2003 | Docket: 1643629
Cited 9 times | Published
...none of the errors amounted to fundamental error. 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....
500 So. 2d 262, 12 Fla. L. Weekly 106
District Court of Appeal of Florida | Filed: Dec 18, 1986 | Docket: 1689595
Cited 9 times | Published
...s into the country. The Fourth District found no error. Interestingly, the state in Tumulty did not argue the drug smuggling trips were admissible under the "Williams Rule," but rather asserted they were "inseparable crime evidence" admissible under Section 90.402, Florida Statutes, simply as relevant evidence....
...Saintil, 753 F.2d 984 (11th Cir.1985); United States v. Leichtman, 742 F.2d 598 (11th Cir.1984); United States v. Montes-Cardenas, 746 F.2d 771 (11th Cir.1984). Without deciding the question of whether "inseparable crime evidence" is admissible under Section 90.402, which generally provides that relevant evidence is admissible, or under Section 90.404(2), which specifically provides for the admissibility of similar fact evidence to prove a material fact, we hold the collateral crime evidence at i...
911 So. 2d 259, 2005 WL 2396579
District Court of Appeal of Florida | Filed: Sep 30, 2005 | Docket: 1751840
Cited 8 times | Published
...nce we again conclude that the lower court erred. This evidence was clearly relevant because it tended to show that the police reasonably relied upon the dog's alert. Therefore, the evidence was admissible, unless otherwise prohibited by law. See § 90.402, Fla....
437 So. 2d 761
District Court of Appeal of Florida | Filed: Sep 12, 1983 | Docket: 1674897
Cited 8 times | Published
...On appeal, appellants contend this constituted reversible error. Our inquiry begins with the premise that any fact relevant to prove a fact at issue is admissible into evidence unless its admissibility is precluded by some specific rule of exclusion. Williams v. State, 110 So.2d 654, 658 (Fla. 1959). See also Section 90.402, Florida Statutes (1979) which provides that all evidence is admissible except as provided by law....
993 So. 2d 157, 2008 WL 4722492
District Court of Appeal of Florida | Filed: Oct 29, 2008 | Docket: 1516286
Cited 8 times | Published
..."The creation of section 776.013 eliminated the burden of proving that the defender had a reasonable belief that deadly force was necessary by providing a conclusive presumption of such." Heckman, 2007 WL 4270594 at *2, ___ So.2d at ___. "All relevant evidence is admissible, except as provided by law." § 90.402, Fla....
127 So. 3d 478, 2013 WL 5567079
Supreme Court of Florida | Filed: Oct 10, 2013 | Docket: 60236730
Cited 8 times | Published
evidence is admissible, except as provided by law.” § 90.402, Fla. Stat. (2006). A limitation on this rule
552 So. 2d 1151, 1989 WL 133269
District Court of Appeal of Florida | Filed: Nov 7, 1989 | Docket: 1200773
Cited 8 times | Published
...Tape recordings of undercover sting operations are admissible and do not unfairly prejudice a defendant where they are audible. Springer v. State, 429 So.2d 808 (Fla. 4th DCA 1983). Because the statements are relevant to the issue of guilt, and are not excluded by any other rule of law, they are admissible evidence. § 90.402, Fla....
652 So. 2d 373, 1995 WL 121612
Supreme Court of Florida | Filed: Mar 23, 1995 | Docket: 1518047
Cited 8 times | Published
...[2] Layman first claims that the court erred in failing to give limiting instructions on evidence of collateral crimes introduced by the State. Although a limiting instruction is required under section 90.404(2), Florida Statutes (1991), for "similar fact evidence," [3] none is required under section 90.402 for "relevant" evidence....
...After the close of the evidence, the jury shall be instructed on the limited purpose for which the evidence was received and that the defendant cannot be convicted for a charge not included in the indictment or information. § 90.404(2), Fla. Stat. (1991). [4] Section 90.402, Florida Statutes (1991), provides: 90.402 Admissibility of relevant evidence....
976 So. 2d 1182, 2008 WL 731545
District Court of Appeal of Florida | Filed: Mar 20, 2008 | Docket: 1275642
Cited 8 times | Published
...Additionally, we agree with our sister court that "[q]uestions of consent, force, resistance and fear are particularly within the province of the jury to determine." State v. Hudson, 397 So.2d 426, 428 (Fla. 2d DCA 1981). Generally, the test for admissibility of evidence is its relevance. See § 90.402, Fla....
863 So. 2d 323, 2003 WL 21749078
District Court of Appeal of Florida | Filed: Jul 30, 2003 | Docket: 1432231
Cited 8 times | Published
...The evidence of that event, and the determination of what, if anything, it proved, presented a question of fact for the jury's consideration. In sum, the prior bad act evidence submitted in the instant case, with the exception of the "hammer incident," was not relevant to prove a material issue. See § 90.402, Fla....
747 So. 2d 1021, 1999 WL 1144797
District Court of Appeal of Florida | Filed: Dec 15, 1999 | Docket: 1475247
Cited 8 times | Published
...Persell, 390 So.2d 704, 707 (Fla. 1980); D'Auria v. Allstate Ins. Co., 673 So.2d 147, 147 (Fla. 5th DCA 1996)(Antoon, J., concurring)("Trial judges have the important responsibility of ensuring that trials maintain their function as forums for the search of truth."). To this end, section 90.402, Florida Statutes (1997), provides that "all relevant evidence is admissible, except as provided by law." It seems clear that the goal of this search for truth is to bring before the fact-finder as much relevant evidence as possible to assist in the deliberative process....
530 So. 2d 61, 1988 WL 31711
District Court of Appeal of Florida | Filed: Aug 31, 1988 | Docket: 1267403
Cited 8 times | Published
...of-court exculpatory statements. We disagree, however, with the state's argument that such declarations are automatically admissible under section 90.803(18), if offered by the state. The threshold for admissibility of all evidence is relevancy. See § 90.402, Fla....
476 So. 2d 1319, 10 Fla. L. Weekly 2173
District Court of Appeal of Florida | Filed: Sep 18, 1985 | Docket: 116351
Cited 7 times | Published
...Since the punitive damages claim was in issue at trial, evidence which proves the allegation would be admissible. See Carter v. Rukab, 437 So.2d at 762 ("any fact relevant to prove a fact at issue is admissible into evidence unless its admissibility is precluded by some specific rule of exclusion"); § 90.402, Fla....
19 So. 3d 1074, 2009 Fla. App. LEXIS 14918, 2009 WL 3189171
District Court of Appeal of Florida | Filed: Oct 7, 2009 | Docket: 1651797
Cited 7 times | Published
...State, 639 So.2d 966 (Fla.1994), the supreme court explained: [E]vidence of uncharged crimes which are inseparable from the crime charged, or evidence which is inextricably intertwined with the crime charged, is not Williams rule evidence. It is admissible under section 90.402 because "it is a relevant and inseparable part of the act which is in issue....
885 So. 2d 968, 2004 WL 2452473
District Court of Appeal of Florida | Filed: Nov 3, 2004 | Docket: 1685289
Cited 7 times | Published
...unty in the three hours preceding the Malta and Martineau robbery in Miramar. Citing Cohens, the state argues that the trial court did not abuse its discretion in allowing in the evidence of the other crimes because the evidence was admissible under section 90.402, Florida Statutes (2003), as relevant evidence in order to show that Thomas intended to rob the victims, Malta and Martineau....
...o prove motive or intent for the crimes charged in the instant case and, therefore, not "inextricably intertwined evidence." In order for these six uncharged crimes to be admissible as inextricably intertwined evidence, they must be admissible under section 90.402. [3] To be admissible under section 90.402, the evidence must be a relevant and inseparable part of the act which is in issue and it must be necessary to admit the evidence to adequately describe the crime charged....
...REVERSED AND REMANDED FOR A NEW TRIAL. FARMER, C.J., and STEVENSON, J., concur. NOTES [1] The trial court did not delineate what she meant by "demeanor" but equated it with Gasana's "lack of participation or lack of response." [2] Williams v. State, 110 So.2d 654 (Fla.1959). [3] Section 90.402 states that "[a]ll relevant evidence is admissible, except as provided by law."
690 So. 2d 670, 1997 WL 131574
District Court of Appeal of Florida | Filed: Mar 25, 1997 | Docket: 437025
Cited 7 times | Published
...become a feature of the trial. We agree with appellant that the the two separate charges of grand theft were not so linked together in time and circumstance with the instant grand theft charge so as to constitute inseparable crimes, admissible under section 90.402, Florida Statutes, without need for compliance with the 10-day notice requirement under section 90.404(2)(b)1....
5 So. 3d 734, 2009 Fla. App. LEXIS 1502, 2009 WL 454602
District Court of Appeal of Florida | Filed: Feb 25, 2009 | Docket: 1663241
Cited 7 times | Published
...In excluding the evidence regarding the murder of C.D., the trial court stated, "It appears that the greatest effect of this evidence would be to establish the bad character or criminal propensity of Defendant. Even if the lower general standard in § 90.402[,] Fla....
668 So. 2d 593, 1996 Fla. LEXIS 150, 1996 WL 73780
Supreme Court of Florida | Filed: Feb 22, 1996 | Docket: 2272886
Cited 7 times | Published
...[2] Nor does the statute specifically exclude blood serum test results, as the district court found in Florida Tile. Such an interpretation is inconsistent with Florida's Evidence Code which provides that "[a]ll relevant evidence is admissible, except as provided by law." § 90.402, Fla.Stat....
753 So. 2d 596, 2000 WL 159019
District Court of Appeal of Florida | Filed: Feb 16, 2000 | Docket: 1433537
Cited 7 times | Published
...Thus, the Smiths' counsel presented good character testimony in anticipation of Hooligan's bad character evidence and simply attempted to minimize the latter's prejudicial impact. Next, the Smiths argue that evidence of David's involvement in other crimes and acts was inadmissible as "similar fact evidence" pursuant to section 90.402(2)(a)....
920 So. 2d 1205, 2006 WL 348862
District Court of Appeal of Florida | Filed: Feb 15, 2006 | Docket: 1730657
Cited 7 times | Published
...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. Stat. (2003). All relevant evidence is admissible, except as provided by law. § 90.402, Fla....
861 So. 2d 1195, 2003 WL 22899976
District Court of Appeal of Florida | Filed: Dec 10, 2003 | Docket: 1514112
Cited 7 times | Published
...Richman was purportedly administering treatment for joint pain relating to fibromyalgia, as was the case with victims C.G. and A.G., or for a cluster migraine headache possibly relating to lupus, as was the case with victim D.B. On July 5, 2001, citing sections 90.402 and 90.404(2)(a), Florida Statutes (2000), the State filed notice of its intention to introduce collateral crime evidence at trial "for the purpose of showing proof of motive, opportunity, intent, preparation, plan, knowledge, absence of mista...
...oborate the victim's testimony that an offense occurred and to rebut the defendant's contention that the victim's testimony is fabricated. The admissibility of similar fact evidence is determined by the interaction of the rules set forth in sections 90.402, 90.403, and 90.404(2)(a), Florida Statutes (2000). Under these statutory provisions, the starting point for analysis is the rule that "[a]ll relevant evidence is admissible, except as provided by law." § 90.402....
41 So. 3d 1110, 2010 Fla. App. LEXIS 12188, 2010 WL 3239158
District Court of Appeal of Florida | Filed: Aug 18, 2010 | Docket: 1238189
Cited 7 times | Published
...Taylor v. State, 855 So.2d 1, 21 (Fla.2003) (quoting Sexton v. State, 697 So.2d 833, 837 (Fla.1997)); see also Irving v. State, 627 So.2d 92, 94 (Fla. 3d DCA 1993). Evidence that is inextricably intertwined with the crime charged is admissible under section 90.402, Florida Statutes (2009), because it is a relevant and inseparable part of the act at issue and where it is impossible to give a complete or intelligent account of the crime charged without referring to the other crime....
126 So. 3d 1038, 2013 WL 5312085
Supreme Court of Florida | Filed: Sep 12, 2013 | Docket: 60236167
Cited 6 times | Published
evidence is admissible, except as provided by law.” § 90.402, Fla. Stat. (2006). Evidence of a defendant’s
646 So. 2d 754, 1994 WL 551527
District Court of Appeal of Florida | Filed: Oct 12, 1994 | Docket: 1405323
Cited 6 times | Published
...The state argues, however, that this evidence was necessary to establish for the jury the factual context which motivated the appellants to commit premeditated first-degree murder. We recognize that such evidence may be admissible for this purpose under section 90.402, Florida Statutes (1991), which provides that "[a]ll relevant evidence is admissible, except as provided by law." [4] As interpreted, this section permits the introduction of evidence of uncharged crimes which are inseparable from or inextricably intertwined with the crime charged....
...Again, there was no evidence linking the other appellants to this theft and it therefore constituted "irrelevant other-crimes evidence" as to them. West v. State, 579 So.2d 288, 289 (Fla. 3d DCA 1991). As to Humphrey, such testimony was also irrelevant under section 90.402....
683 So. 2d 577, 1996 WL 648296
District Court of Appeal of Florida | Filed: Nov 8, 1996 | Docket: 276474
Cited 6 times | Published
...The trial court overruled the objection and denied the mistrial. Smith was found guilty. We hold that the testimony concerning the burglary involving the gold-plated handgun and Smith's recorded statements concerning the other guns were admissible under section 90.402, because the evidence was relevant to prove the circumstances under which Smith acquired the gun....
47 So. 3d 941, 2010 Fla. App. LEXIS 17673, 2010 WL 4628532
District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 2400408
Cited 6 times | Published
...re no reasonable man would take the view the trial court adopted. Huff v. State, 569 So.2d 1247, 1249 (Fla.1990) (citing Canakaris v. Canakaris, 382 So.2d 1197, 1203 (Fla. 1980)). Moreover, all relevant evidence is admissible unless excluded by law. § 90.402, Fla....
...ndant with the gun at the time of the shooting. The fact that at some point the defendant had the gun in his hand does not conclusively disprove the defendant's claim that he was not the initial aggressor. Thus, Vega's testimony was highly relevant. § 90.402....
947 So. 2d 484, 2006 WL 3302644
District Court of Appeal of Florida | Filed: Nov 15, 2006 | Docket: 1720429
Cited 6 times | Published
...We find that the trial court did not err in admitting the evidence of the stolen gun as this fact was inextricably intertwined with the carrying a concealed firearm and armed burglary charges before the jury. This testimony was necessary to establish the entire context out of which these crimes arose. § 90.402, Fla....
...(2005); Griffin v. State, 639 So.2d 966 (Fla.1994). [E]vidence of uncharged crimes which are inseparable from the crime charged, or evidence which is inextricably intertwined with the crime charged, is not Williams rule evidence. It is admissible under section 90.402 because "it is a relevant and inseparable part of the act which is in issue ....
873 So. 2d 374, 2004 WL 625632
District Court of Appeal of Florida | Filed: Mar 31, 2004 | Docket: 1732930
Cited 6 times | Published
...State, 511 So.2d 526, 531 (Fla.1987) (upholding trial court's admission of similar robberies). The question remains whether the collateral crime evidence was admissible because it was inextricably intertwined. Evidence that is inextricably intertwined with the crime charged is admissible under section 90.402, Florida Statutes (2002), because it is a relevant and inseparable part of the act which is in issue and it is necessary to admit the evidence to adequately describe the deed....
669 So. 2d 1090, 1996 WL 106444
District Court of Appeal of Florida | Filed: Mar 13, 1996 | Docket: 530606
Cited 6 times | Published
...here Officer Simmons' testimony impermissibly suggested to the jury that Willis had had prior criminal contacts with the police. Willis asserts that such testimony was prejudicial and tantamount to " Williams Rule" [4] evidence of other crimes under section 90.402, Florida Statutes (1993) and was impermissible where the State failed to give prior notice of its intent to rely upon the same....
595 So. 2d 132, 1992 WL 25819
District Court of Appeal of Florida | Filed: Feb 13, 1992 | Docket: 1709138
Cited 6 times | Published
...Because the testimony was relevant, Ratcliff should have been required to reveal the location from which he made his observations, unless such testimony was barred by some privilege, constitutional right, statute or rule. See State v. Williams, 417 So.2d 755 (Fla. 5th DCA 1982); section 90.402, Florida Statutes ("All relevant evidence is admissible, except as provided by law"); Ehrhardt, Florida Evidence *135 § 402.1 (2d edition 1984)....
972 So. 2d 941, 2007 WL 4352749
District Court of Appeal of Florida | Filed: Dec 14, 2007 | Docket: 1650696
Cited 6 times | Published
...of the defendant. However, in Jones, the murder convictions were affirmed and only the sentences were 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....
768 So. 2d 1129, 25 Fla. L. Weekly Fed. D 2010
District Court of Appeal of Florida | Filed: Aug 23, 2000 | Docket: 2452135
Cited 6 times | Published
...Persell, 390 So.2d 704, 707 (Fla.1980); D'Auria v. Allstate Ins. Co., 673 So.2d 147 (Fla. 5th DCA 1996) (Antoon, J., concurring)("Trial judges have the important responsibility of ensuring that trials maintain their function as forums for the search of truth."). To this end, section 90.402, Florida Statutes (1997), provides that "all relevant evidence is admissible, except as provided by law." [9] It seems clear that the goal of the search for truth is to bring before the fact-finder as much relevant evidence as possible to assist in the deliberative process....
543 So. 2d 760, 1989 WL 11945
District Court of Appeal of Florida | Filed: Apr 26, 1989 | Docket: 1437747
Cited 6 times | Published
...Moreover, the court allowed the defense a day and a half extra time to investigate and evaluate this evidence before requiring it to continue. We think the white teddy was relevant and therefore admissible, and no procedural prejudice resulted from the delay. § 90.402, Fla....
887 So. 2d 1090, 2004 WL 2201732
Supreme Court of Florida | Filed: Sep 30, 2004 | Docket: 1515169
Cited 5 times | Published
...r control: (A) A list of the names and addresses of all persons known to the petitioner to have information which may be relevant to the allegations, to any defense with respect thereto, or to any similar fact evidence to be presented at trial under section 90.402(2), Florida Statutes....
853 So. 2d 566, 2003 WL 22047694
District Court of Appeal of Florida | Filed: Sep 3, 2003 | Docket: 1189513
Cited 5 times | Published
...We reject the State's argument that such evidence was admissible because it was inextricably intertwined with the offenses charged in this case. See, e.g., Griffin v. State, 639 So.2d 966, 968 (Fla.1994) (finding that evidence which is inextricably intertwined with the crime charged "is admissible under section 90.402 because `it is a relevant and inseparable part of the act which is in issue.......
990 So. 2d 1234, 2008 WL 4329928
District Court of Appeal of Florida | Filed: Sep 24, 2008 | Docket: 1688263
Cited 5 times | Published
...The defendant claims this evidence was improperly admitted because it was not relevant to the charged offense, and constituted improper character evidence. We disagree. We begin with the basic premise that for evidence to be admissible, it must be relevant. See § 90.402, Fla....
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
...The trial court abused its discretion in failing to allow the cross-examination. 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....
76 So. 3d 1050, 2011 Fla. App. LEXIS 20267, 2011 WL 6342342
District Court of Appeal of Florida | Filed: Dec 20, 2011 | Docket: 401238
Cited 5 times | Published
...State, 533 So.2d 744, 746 (Fla.1988) ("The requirement that similar fact crimes contain similar facts to the charged crime is based on the requirement to show relevancy."). Evidence of bad acts which are inextricably intertwined with the crime charged may be admissible under section 90.402, because such evidence is relevant and constitutes an inseparable part of the act which is at issue....
589 So. 2d 939, 1991 WL 203102
District Court of Appeal of Florida | Filed: Oct 9, 1991 | Docket: 2520629
Cited 4 times | Published
...1959).] [4] However, we find it unnecessary to adopt that nomenclature. 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....
914 So. 2d 458, 2005 WL 2662548
District Court of Appeal of Florida | Filed: Oct 20, 2005 | Docket: 1767843
Cited 4 times | Published
...As Professor Ehrhardt explains in his treatise on Florida evidence, "for evidence to be relevant, it must have a logical tendency to prove or disprove a fact which is of consequence to the outcome of the action." Charles W. Ehrhardt, Florida Evidence § 401.1, at 120 (2005 ed.) (footnote omitted). Section 90.402 states that "[a]ll relevant evidence is admissible, except as provided by law." § 90.402, Fla. Stat. (2004). As Professor Ehrhardt again explains, section 90.402 excludes by logical implication all evidence which is not relevant....
552 So. 2d 1140, 1989 WL 122628
District Court of Appeal of Florida | Filed: Oct 19, 1989 | Docket: 1663560
Cited 4 times | Published
...h the defendant was convicted in this case on the ground that those events were inseparably linked in time and circumstances to the evidence relating to the charged offenses *1142 and were, therefore, properly admitted as "res gestae" evidence under section 90.402, Florida Statutes....
...The next morning, the girlfriend's mother and another family member returned to the mother's home, and encountered Kelly, who was waiting inside. The earlier events are so linked in time as to constitute part of the circumstance or "res gestae" of the crimes which were charged. They were properly admitted pursuant to § 90.402, 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
...The trial court did not abuse its discretion in admitting Officer Wilson's testimony. 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....
618 So. 2d 165, 1993 WL 83072
Supreme Court of Florida | Filed: Mar 25, 1993 | Docket: 1376292
Cited 4 times | Published
...Padilla's third claim is related to the second because he contends that the trial court erred in refusing to instruct the jury on how to consider this collateral evidence. We find that no instruction was necessary and that the evidence was properly admitted under section 90.402, Florida Statutes (1989)....
839 So. 2d 887, 2003 WL 1036726
District Court of Appeal of Florida | Filed: Mar 12, 2003 | Docket: 1296257
Cited 4 times | Published
...y the danger of unfair prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence." §§ 90.401, 90.403 Fla. Stat. (2001). Evidence that is inextricably intertwined with the crime charged is admissible under Section 90.402, Florida Statutes, because it is a relevant and inseparable part of the act at issue and where it is impossible to give a complete or intelligent account of the crime charged without referring to the other crime....
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
...The trial court erred when it overruled Downs's objection to evidence about the gun which was found in Cooper's apartment and was unrelated to this case. 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....
538 So. 2d 533, 1989 WL 11604
District Court of Appeal of Florida | Filed: Feb 16, 1989 | Docket: 472360
Cited 4 times | Published
...State, 403 So.2d 1375 (Fla. 5th DCA 1981), rev. denied, 413 So.2d 877 (Fla. 1982). [2] Starting from another more distant point, it can be stated that the first rule of evidence law is a rule of admissibility to the effect that all relevant evidence is admissible (§ 90.402, Fla....
396 So. 2d 199, 25 A.L.R. 4th 977, 1981 Fla. App. LEXIS 18675
District Court of Appeal of Florida | Filed: Feb 11, 1981 | Docket: 1447271
Cited 4 times | Published
...ns and varying weather conditions. On that basis Kalb might have shown that 1976 gross income was abnormally low and did not reflect the actual value of the motel. Hence, the documents were relevant, [3] and the trial court improperly excluded them. § 90.402, Fla....
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
...s 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....
230 So. 3d 77
District Court of Appeal of Florida | Filed: Sep 6, 2017 | Docket: 6148142
Cited 3 times | Published
it was “inextricably intertwined” evidence. See § 90.402, Fla. Stat. (2013) (“All relevant evidence is
940 So. 2d 558, 2006 WL 3040291
District Court of Appeal of Florida | Filed: Oct 27, 2006 | Docket: 1157901
Cited 3 times | Published
...State, 872 So.2d 453, 455 (Fla. 2d DCA 2004). The issue here does not deal with similar fact evidence of other crimes under section 90.404(2), Florida Statutes (2004), but with evidence of dissimilar collateral bad acts. Thus, the general rule of relevance in section 90.402 controls....
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
...We now turn to the introduction of the two prior transactions and conclude that the trial court erred when it allowed the State to present evidence of these two prior transactions. It is widely recognized that evidence which is relevant is generally admissible, unless the law precludes its introduction. See § 90.402, Fla....
...Under section 90.404, similar fact evidence is evidence that is unrelated to the charged offenses. This evidence is admissible to prove a material fact in issue, such *970 as motive, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. Dorsett, 944 So.2d at 1212. Section 90.402, governs the admissibility of evidence that is unrelated to the charged offense, including evidence that is inextricably intertwined....
...equately describe the deed; (2) provide an intelligent account of the crime(s) charged; (3) establish the entire context out of which the charged crime(s) arose; or (4) adequately describe the events leading up to the charged crimes(s). Id. at 1213. Section 90.402, governs the admission of inextricably intertwined evidence....
743 So. 2d 602, 1999 WL 817832
District Court of Appeal of Florida | Filed: Oct 13, 1999 | Docket: 2583741
Cited 3 times | Published
...He alleges the trial court erred by allowing irrelevant and prejudicial evidence of a murder for which he was not being tried at that time. We affirm. Evidence of uncharged crimes which are inseparable from the crime charged, or evidence which is inextricably intertwined with the crime charged, is admissible under section 90.402, Florida Statutes, because "it is a relevant and inseparable part of the act which is in issue." See Coolen v....
995 So. 2d 613, 2008 WL 4998757
District Court of Appeal of Florida | Filed: Nov 26, 2008 | Docket: 1684332
Cited 3 times | Published
...using on Xanax as the cause of the defendant's impairment, the state conceded in closing argument that the 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....
662 So. 2d 758, 1995 WL 675374
District Court of Appeal of Florida | Filed: Nov 15, 1995 | Docket: 1282873
Cited 3 times | Published
...State, 639 So.2d 966, 968 (Fla. 1994), in which the court explained: [E]vidence of uncharged crimes which are inseparable from the crime charged, or evidence which is inextricably intertwined with the crime charged, is not Williams rule evidence. It is admissible under section 90.402 because "it is a relevant and inseparable part of the act which is in issue......
682 So. 2d 1124, 1996 WL 536493
District Court of Appeal of Florida | Filed: Nov 13, 1996 | Docket: 1276078
Cited 3 times | Published
...1619, 123 L.Ed.2d 178 (1993); Straight v. State, 397 So.2d 903, 906 (Fla.), cert. den., 454 U.S. 1022, 102 S.Ct. 556, 70 L.Ed.2d 418 (1981). The appellant has not demonstrated that any prejudicial effect substantially outweighed the probative value of this relevant evidence. See § 90.402 & 90.403, Fla.Stat....
901 So. 2d 344, 2005 WL 1030127
District Court of Appeal of Florida | Filed: May 4, 2005 | Docket: 1666218
Cited 3 times | Published
...Evidence of prior sexual relationship between T.B. and Minus. The court refused to permit the defense to cross-examine T.B. 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....
780 So. 2d 106, 2001 WL 293156
District Court of Appeal of Florida | Filed: Mar 28, 2001 | Docket: 1708605
Cited 3 times | Published
...sible when the evidence is relevant solely to prove bad character or propensity." It is well established that evidence is admissible if it is relevant to prove a material fact at issue, and if it is not precluded by a specific rule of exclusion. See § 90.402(2)(a), Fla....
541 So. 2d 699, 1989 WL 27641
District Court of Appeal of Florida | Filed: Mar 28, 1989 | Docket: 140202
Cited 3 times | Published
...During trial the court granted the state's motion in limine to prohibit appellant from cross-examination of the victim regarding her pending civil suit against a burglar alarm company as a result of the incident. *700 The state argued the existence of a civil suit was irrelevant pursuant to section 90.402, Florida Statutes....
975 So. 2d 1277, 2008 WL 723922
District Court of Appeal of Florida | Filed: Mar 19, 2008 | Docket: 1727166
Cited 3 times | Published
...(b) governs their admissibility. Instead, we view the photographs as evidence of other acts or crimes which are inseparable from or inextricably intertwined with the crimes charged. Such evidence is not Williams rule evidence; it is admissible under section 90.402, Florida Statutes, because "it is a relevant and inseparable part of the act which is in issue....
40 So. 3d 49, 2010 Fla. App. LEXIS 9749, 2010 WL 2628646
District Court of Appeal of Florida | Filed: Jul 2, 2010 | Docket: 1219404
Cited 3 times | Published
...charged. "[E]vidence of uncharged crimes which are inseparable from the crime charged, or evidence which is inextricably intertwined with the crime charged, is not Williams [v. State, 110 So.2d 654 (Fla. 1959),] rule evidence. It is admissible under section 90.402 because `it is a relevant and inseparable part of the act which is in issue....'" Griffin v....
714 So. 2d 1117, 1998 WL 390513
District Court of Appeal of Florida | Filed: Jul 15, 1998 | Docket: 1513783
Cited 3 times | Published
...Second, in any event, under the facts of this case, the testimony about the first three transactions was inseparable crimes evidence, that is, "evidence which is inextricably intertwined with the crime charged...." Griffin v. State, 639 So.2d 966, 968 (Fla. 1994). "It is admissible under section 90.402 because `it is a relevant and inseparable part of the act which is in issue.......
452 So. 2d 1057
District Court of Appeal of Florida | Filed: Jul 10, 1984 | Docket: 2530111
Cited 3 times | Published
...We find none of the cited authorities supportive of the proposition. The Evidence Code, Chapter 90, Florida Statutes (1983) is controlling and supersedes all prior inconsistent law. § 90.102, Fla. Stat. (1983). The Code provides first that: "All relevant evidence is admissible, except as provided by law." § 90.402....
707 So. 2d 813, 1998 WL 66569
District Court of Appeal of Florida | Filed: Feb 20, 1998 | Docket: 1259427
Cited 3 times | Published
...e thefts were connected. See Craig v. State, 510 So.2d 857 (Fla. 1987). A trial court has broad discretion in determining relevance of such evidence, and its determination will not be disturbed on appeal, absent a showing of abuse of discretion. See § 90.402; Heath v....
668 So. 2d 192, 21 Fla. L. Weekly Supp. 68, 1996 Fla. LEXIS 104, 1996 WL 63080
Supreme Court of Florida | Filed: Feb 15, 1996 | Docket: 1290481
Cited 3 times | Published
...ase is grounded on a claim of negligence or breach of contract. We find that the chance that a jury will be improperly prejudiced by knowledge of insurance coverage in either case outweighs the usefulness of the evidence to the finder of fact. See §§ 90.402-90.403, Fla.Stat....
...GRIMES, C.J., and OVERTON, SHAW, KOGAN, WELLS and ANSTEAD, JJ., concur. NOTES [1] Our holding today should not be interpreted to exclude evidence of insurance where there is a provision in the contract between parties which would make it relevant. There was no such contract provision in the instant case. [2] § 90.402 provides: "All relevant evidence is admissible, except as provided by law." § 90.403 provides, in relevant part: "Relevant evidence is inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confu...
846 So. 2d 502, 2003 WL 1923337
Supreme Court of Florida | Filed: Apr 24, 2003 | Docket: 1301609
Cited 3 times | Published
...[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....
254 So. 3d 1038
District Court of Appeal of Florida | Filed: Sep 20, 2018 | Docket: 7905946
Cited 2 times | Published
162 So. 3d 52, 54 (Fla. 4th DCA 2014) (citing § 90.402, Fla. Stat.). Evidence is relevant if it tends
74 So. 3d 503, 2011 Fla. App. LEXIS 15714, 2011 WL 4578536
District Court of Appeal of Florida | Filed: Oct 5, 2011 | Docket: 2360328
Cited 2 times | Published
...State, 533 So.2d 744, 746 (Fla.1988)). Thus "if evidence of a defendant's collateral bad acts bears no logical resemblance to the crime for which the defendant is being tried, then section 90.404(2)(a) does not apply and the general rule [of relevancy] in section 90.402[ [3] ] controls." Id....
...ts is relevant to the issues of motive and intent. Although the prior acts may not bear a striking similarity to the charged offense of armed kidnapping so as to be admissible pursuant to section 90.404(2)(a), they are generally relevant pursuant to section 90.402....
...After the trial court denied the State's motion to introduce evidence of other crimes, the State filed a motion to toll the proceedings in the trial court pending this certiorari proceeding. [2] This evidentiary rule is also known as the " Williams rule." See Williams v. State, 621 So.2d 413, 414-15 (Fla.1993). [3] Section 90.402 provides that "[a]ll relevant evidence is admissible, except as provided by law."
44 So. 3d 1225, 2010 Fla. App. LEXIS 14551, 2010 WL 3808435
District Court of Appeal of Florida | Filed: Oct 1, 2010 | Docket: 2401861
Cited 2 times | Published
...ntity. The supreme court concluded that due process was "satisfied by weighing the probative value of the evidence of prior acts of child molestations against its potential for unfair prejudice." Id. The supreme court recognized that relevancy under section 90.402 was not abrogated by the adoption of section 90.404(2)(b) and the relevancy of such evidence exists in its similarity to the charged offense....
570 So. 2d 296
District Court of Appeal of Florida | Filed: Nov 20, 1990 | Docket: 1704334
Cited 2 times | Published
...This testimony was obviously persuasively significant as to whether she actually knew or should have known the actual cause of the first child's injuries and was thus directly relevant to the limitations issue. Since all relevant testimony is presumptively admissible, Fla.Evidence Code § 90.402, and I see no foundation for the claim that there was any prejudicial impact to this testimony, much less one which would overcome its probative value, compare Perper v....
218 So. 3d 476, 2017 Fla. App. LEXIS 6163
District Court of Appeal of Florida | Filed: May 3, 2017 | Docket: 6057953
Cited 2 times | Published
outweighed by the risk of unfair prejudice. Section 90.402, Florida Statutes (2014), provides that “[a]ll
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
...he crucial issue of consent and improperly injected the issue of race ... were so egregious and so pervasive that Reynolds was deprived of his right to a fair trial."). Speaking more generally, for evidence to be admissible, it must be relevant. See § 90.402, Fla....
825 So. 2d 959, 2002 WL 1307480
District Court of Appeal of Florida | Filed: Jun 17, 2002 | Docket: 1312222
Cited 2 times | Published
...CE 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 testimony of the state's experts is relevant to some of the issues involved in this prosecution, the expert witness testimony is admissible unless otherwise excluded by law....
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
...hether the trial court abused its discretion. San Martin v. 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....
593 So. 2d 1069, 1992 WL 3679
District Court of Appeal of Florida | Filed: Feb 13, 1992 | Docket: 446441
Cited 2 times | Published
...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 its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issu...
575 So. 2d 704, 1991 WL 15559
District Court of Appeal of Florida | Filed: Feb 12, 1991 | Docket: 1443756
Cited 2 times | Published
...letter would have impeached Earles' testimony. The state argues that the trial court properly excluded the letter because it was incomplete and therefore could not properly be relied upon. We find that the trial court erred in excluding the letter. Section 90.402, Florida Statutes (1987), provides that all relevant evidence is admissible, except as provided by law....
801 So. 2d 321, 2001 WL 1613864
District Court of Appeal of Florida | Filed: Dec 19, 2001 | Docket: 1495273
Cited 2 times | Published
...The defendant now challenges his conviction contending that the State could only prove simple battery without testimony regarding the illegal stop. He argues that our previous ruling precludes such testimony. Otherwise inadmissible evidence that is inextricably intertwined with admissible evidence may be allowed under section 90.402, Florida Statutes (1993)....
...some information about the stop is needed for context. At minimum some explanation of the officer's presence is necessary. Even though such evidence would be inadmissible for other purposes, as we previously ruled, it is admissible here pursuant to section 90.402, Florida Statutes (1993)....
765 So. 2d 299, 2000 WL 1205714
District Court of Appeal of Florida | Filed: Aug 25, 2000 | Docket: 428834
Cited 2 times | Published
...[8] Ward also argues that the trial court should not have allowed the prosecutor to exhibit a firearm to the jury. The actual firearm used in the crimes was not recovered but the firearm exhibited by the state was similar to that weapon. We find no abuse of discretion. See § 90.402, Fla....
254 So. 3d 1162
District Court of Appeal of Florida | Filed: Sep 12, 2018 | Docket: 64688693
Cited 1 times | Published
Collateral crimes evidence is admissible under section 90.402 of the Florida Statutes if it is a "relevant
682 So. 2d 1202, 1996 WL 656407
District Court of Appeal of Florida | Filed: Nov 13, 1996 | Docket: 1680856
Cited 1 times | Published
...A special condition of community control required that appellant wear an electronic monitoring device. At trial, a police officer testified that when he arrived at the crime scene, a parking lot, he found "a stolen vehicle left" and the victim's car missing. This evidence was admissible under section 90.402, Florida Statutes (1995), because it was inextricably intertwined in time and place with the crimes charged and was necessary to fully describe the way in which the criminal deed happened....
897 So. 2d 517, 2005 WL 475341
District Court of Appeal of Florida | Filed: Mar 2, 2005 | Docket: 1735355
Cited 1 times | Published
...the peace or threat to public safety.'" Battle v. State, 868 So.2d 587, 588 (Fla. 4th DCA 2004) (quoting E.C. v. State, 724 So.2d 1243, 1244 (Fla. 4th DCA 1999)). 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....
248 So. 3d 1261
District Court of Appeal of Florida | Filed: Jun 13, 2018 | Docket: 7143522
Cited 1 times | Published
evidence is admissible, except as provided by law.” § 90.402, Fla. Stat. (2016). “Relevant evidence is inadmissible
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
...ed that the procedure adopted affords reasonable notice and a fair opportunity to be heard before rights are decided."). Relevant Evidence Is Admissible Under the Florida Evidence Code, all relevant evidence is admissible, except as provided by law. § 90.402 Fla....
791 So. 2d 1165, 2001 Fla. App. LEXIS 10337
District Court of Appeal of Florida | Filed: Jul 25, 2001 | Docket: 64807577
Cited 1 times | Published
State, 110 So.2d 654, 662 (Fla.1959); see also § 90.402, Fla. Stat. (1999). Section 90.404(2), Florida
997 So. 2d 524, 2009 WL 18679
District Court of Appeal of Florida | Filed: Jan 5, 2009 | Docket: 2578434
Cited 1 times | Published
...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. Stat. (2007). It also provides that "all relevant evidence is admissible." § 90.402, Fla....
834 So. 2d 933, 2003 WL 141591
District Court of Appeal of Florida | Filed: Jan 22, 2003 | Docket: 1329356
Cited 1 times | Published
...{defense counsel}: Objection. The Court: Sustained. Q: You are aware of the fact that she had a child at a young age. {defense counsel} Judge, Objection. The Court: Sustained. Sidebar. The defense again moved for mistrial which was, again, denied. Section 90.402, Florida Statutes, provides that evidence must be relevant to be admissible....
271 So. 3d 1093
District Court of Appeal of Florida | Filed: Feb 13, 2019 | Docket: 14549571
Cited 1 times | Published
into the category of relevant evidence under section 90.402; therefore, no pretrial notice under section
254 So. 3d 624
District Court of Appeal of Florida | Filed: Aug 30, 2018 | Docket: 7775010
Cited 1 times | Published
evidence is admissible, except as provided by law.” § 90.402, Fla. Stat. (2016). “Relevant evidence is inadmissible
254 So. 3d 1098
District Court of Appeal of Florida | Filed: Aug 30, 2018 | Docket: 7774961
Cited 1 times | Published
evidence is admissible, except as provided by law.” § 90.402, Fla. Stat. (2015). The statutory definition of
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
...ade to Ahlf, contending the statements were irrelevant or, if relevant, were so prejudicial that they presented 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....
561 So. 2d 604, 15 Fla. L. Weekly Fed. D 959
District Court of Appeal of Florida | Filed: Apr 10, 1990 | Docket: 1740326
Cited 1 times | Published
...State, 561 So.2d 597 (Fla. 3d DCA 1990); Sampson v. State, 541 So.2d 733 (Fla. 1st DCA 1989); Jaggers v. State, 536 So.2d 321 (Fla. 2d DCA 1988). Also on retrial, the trial court should allow the defense greater latitude in cross-examining K.G.'s mother. Under Section 90.402, Florida Statutes (1989), all relevant evidence is admissible to prove or disprove a material fact....
District Court of Appeal of Florida | Filed: Sep 29, 2023 | Docket: 68034173
Published
admissible unless such evidence is excluded by law, see § 90.402, Fla. Stat. (2022), such as when the probative
256 So. 3d 888
District Court of Appeal of Florida | Filed: Sep 26, 2018 | Docket: 7935063
Published
evidence is admissible, except as provided by law.” § 90.402, Fla. Stat. (2017). Perry’s failure to bring
District Court of Appeal of Florida | Filed: Sep 18, 2019 | Docket: 16211759
Published
be relevant in order to be admissible. See § 90.402, Fla. Stat. [(2017)]. Relevant evidence is
419 So. 2d 391, 1982 Fla. App. LEXIS 21168
District Court of Appeal of Florida | Filed: Sep 14, 1982 | Docket: 64592076
Published
v. State, 418 So.2d 1223, (Fla. 3d DCA 1982); § 90.402, Fla.Stat. (1981). The bag, which contained cocaine
District Court of Appeal of Florida | Filed: Sep 11, 2024 | Docket: 69151368
Published
tending to prove or disprove a material fact.” Section 90.402, Florida Statutes, states that “[a]ll relevant
271 So. 3d 914
Supreme Court of Florida | Filed: Nov 29, 2018 | Docket: 8342339
Published
66 So.3d 912 , 917 (Fla. 2011). Section 90.402, Florida Statutes (2018), provides: "All relevant
682 So. 2d 1202, 1996 Fla. App. LEXIS 11928
District Court of Appeal of Florida | Filed: Nov 13, 1996 | Docket: 64769018
Published
missing. This evidence was admissible under section 90.402, Florida Statutes (1995), because it was inextricably
District Court of Appeal of Florida | Filed: May 5, 2021 | Docket: 59882185
Published
794.022(2), Fla. Stat.; § 90.404, Fla. Stat.; § 90.402, Fla. Stat.; § 90.610, Fla. Stat. The lower
District Court of Appeal of Florida | Filed: May 26, 2021 | Docket: 59936582
Published
unless precluded by a specific rule of exclusion. § 90.402, Fla. Stat. (2019). Even if evidence is relevant
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
...3
2d 495, 514–15 (Fla. 2005)).
“Relevant evidence is evidence tending to prove or disprove a material
fact.” § 90.401, Fla. Stat. (2012). “All relevant evidence is admissible,
unless provided by law.” Id. § 90.402....
246 So. 3d 545
District Court of Appeal of Florida | Filed: May 16, 2018 | Docket: 6716312
Published
admissible, except as provided by law.” § 90.402, Fla. Stat. (2007). “Relevant evidence is
34 So. 3d 227, 2010 Fla. App. LEXIS 6559, 2010 WL 1881095
District Court of Appeal of Florida | Filed: May 12, 2010 | Docket: 1642086
Published
..."Admissible evidence of uncharged crimes falls into two categories: `similar fact' evidence and `dissimilar fact' evidence." Victorino v. State, 23 So.3d 87, 98 (Fla.2009) (quoting Zack v. State, 753 So.2d 9, 16 (Fla.2000)). Dissimilar fact evidence is governed by the general rule of relevancy in section 90.402, Florida Statutes, which states that generally all relevant evidence is admissible unless excluded by law....
416 So. 2d 1133, 1982 Fla. App. LEXIS 20620
District Court of Appeal of Florida | Filed: Mar 31, 1982 | Docket: 64591251
Published
admissible un*1140less otherwise prohibited by law. Section 90.402, Florida Statutes (1977). We do not find that
District Court of Appeal of Florida | Filed: Mar 30, 2022 | Docket: 63198516
Published
must be relevant in order to be admissible. See § 90.402, Fla. Stat. (2020); § 90.401, Fla. Stat. (2020)
55 So. 3d 741, 2011 Fla. App. LEXIS 3475, 2011 WL 890854
District Court of Appeal of Florida | Filed: Mar 16, 2011 | Docket: 2407273
Published
...th a firearm which occurred on March 10, 2006. In a separate case, Thermidor was charged with and convicted of armed robbery, which occurred on June 21, 2006. In each case, the State filed a notice of intent to offer Williams [1] rule evidence under section 90.402, Florida Statutes....
District Court of Appeal of Florida | Filed: Jun 26, 2024 | Docket: 68886717
Published
the crime charged, is . . . admissible under section 90.402 [of the Florida Statutes] because ‘it is a
254 So. 3d 428
District Court of Appeal of Florida | Filed: Jun 20, 2018 | Docket: 7225323
Published
testimony may be irrelevant and thus inadmissible. See § 90.402, Fla. Stat.
District Court of Appeal of Florida | Filed: Jun 19, 2024 | Docket: 68867372
Published
the general rule of relevancy set forth in section 90.402.” Victorino v. State, 23 So. 3d 87, 98–99 (Fla
District Court of Appeal of Florida | Filed: Jul 9, 2018 | Docket: 7386601
Published
evidence is admissible, except as provided by law.” § 90.402, Fla. Stat. (2016). “Relevant evidence is inadmissible
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
...As to those to which counsel did object, we conclude
that the threats did have some relevancy as to the issue of intent to commit
an assault, an essential element to the charge of burglary.
Generally, the test for the admissibility of evidence is relevance.
§ 90.402, Fla....
...the burglary and assault, were offered to prove a material fact at issue and
-3-
relevant to adequately describe what had occurred. See Griffin v. State,
639 So. 2d 966, 968 (Fla. 1994) (“It is admissible under section 90.402
because ‘it is a relevant and inseparable part of the act which is in issue....
[I]t is necessary to admit the evidence to adequately describe the deed.’ ”)
(quoting Charles W....
...4th DCA 2011) (recognizing rule that evidence
is inextricably intertwined if it is necessary to adequately describe the
deed); Dorsett, 944 So. 2d at 1213 (concluding that evidence of a prior
uncharged hand-to-hand transaction was properly admitted pursuant to
section 90.402 as relevant evidence, evidence which was inextricably
intertwined with the crime charged and offered to establish the entire
context of events for the charged offense).
In sum, the preserved statements at issue were relevant to describe a
material fact at issue—appellant’s intent....
737 So. 2d 1208, 1999 Fla. App. LEXIS 10059
District Court of Appeal of Florida | Filed: Jul 27, 1999 | Docket: 64789652
Published
law, “[a]ll relevant evidence is admissible.” § 90.402, Fla. Stat. (1997). Whether Washington was the
District Court of Appeal of Florida | Filed: Jul 20, 2022 | Docket: 63654630
Published
rather is admissible as relevant evidence under section 90.402, Florida. Statutes. See Dorsett v. State,
District Court of Appeal of Florida | Filed: Jul 17, 2024 | Docket: 68274292
Published
with the crime charged] is admissible under section 90.402 because ‘it is a relevant and inseparable
714 So. 2d 1117, 1998 Fla. App. LEXIS 8484
District Court of Appeal of Florida | Filed: Jul 15, 1998 | Docket: 64781960
Published
966, 968 (Fla.1994). “It is admissible under section 90.402 because ‘it is a relevant and inseparable part
182 So. 3d 865, 2016 Fla. App. LEXIS 235, 2016 WL 72547
District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026026
Published
...without evidence of the verdicts may have led to the jury speculating on
what happened in the previous trial, perhaps tainting their opinion of
Appellant under the false impression that he had been convicted.
“All relevant evidence is admissible, except as provided by law.” §
90.402, Fla....
237 So. 3d 386
District Court of Appeal of Florida | Filed: Jan 24, 2018 | Docket: 6280930
Published
except as provided by law.’” Id. at 753 (quoting § 90.402, Fla. Stat. (2006)). In any criminal prosecution
425 So. 2d 217, 1983 Fla. App. LEXIS 18465
District Court of Appeal of Florida | Filed: Jan 19, 1983 | Docket: 64594678
Published
have changed the result provided by the jury. See § 90.402, Fla.Stat. (1981). The final judgment below is
667 So. 2d 416, 1996 Fla. App. LEXIS 349
District Court of Appeal of Florida | Filed: Jan 17, 1996 | Docket: 64761987
Published
issue is relevant to the cause of the accident. § 90.402, Fla.Stat. (1995); see Brackin v. Boles, 452 So
District Court of Appeal of Florida | Filed: Jan 12, 2024 | Docket: 63591352
Published
is admissible, except as provided by law." § 90.402, Fla. Stat. (2018). And the "[e]xclusion
Supreme Court of Florida | Filed: Jan 11, 2018 | Docket: 6259324
Published
- 22 - general rule of relevancy in section 90.402, Florida Statutes (2015). Id. This Court has
District Court of Appeal of Florida | Filed: Feb 28, 2024 | Docket: 68290249
Published
evidence is admissible, except as provided by law.” § 90.402, Fla. Stat. (2023). Relevant evidence is defined
258 So. 3d 1254
Supreme Court of Florida | Filed: Dec 6, 2018 | Docket: 8347876
Published
fact evidence to be presented at trial under section 90.402(2), Florida Statutes. The names and addresses
Supreme Court of Florida | Filed: Dec 5, 2019 | Docket: 68539974
Published
general rules that relevant evidence is admissible, § 90.402, Fla. Stat. (2019), and that evidence is relevant
District Court of Appeal of Florida | Filed: Dec 4, 2024 | Docket: 69435431
Published
charged offenses, the evidence is admitted under section 90.402, Florida Statutes (2023), which simply provides
245 So. 3d 822
District Court of Appeal of Florida | Filed: Dec 27, 2017 | Docket: 6248129
Published
tending to prove or disprove a material fact.” § 90.402, Fla. Stat. (2017). Therefore, while Sewell
District Court of Appeal of Florida | Filed: Dec 13, 2023 | Docket: 68069486
Published
evidence is admissible, except as provided by law.” § 90.402, Fla. Stat. “We review evidentiary rulings by
178 So. 3d 550, 2015 Fla. App. LEXIS 17925, 2015 WL 7731432
District Court of Appeal of Florida | Filed: Dec 1, 2015 | Docket: 3017316
Published
...The boundaries of a trial court’s discretion to admit or exclude
evidence are confined by Florida’s evidence code and controlling case law.
Council, 98 So. 3d at 117. A fundamental cornerstone for analysis is that all
relevant evidence is admissible, except as provided by law. § 90.402, Fla....
District Court of Appeal of Florida | Filed: Aug 5, 2020 | Docket: 17415844
Published
the Supreme Court narrowed the broad sweep of section 90.402(2)(b)1. by reading the statute in conjunction
District Court of Appeal of Florida | Filed: Aug 26, 2020 | Docket: 17479791
Published
strikingly similar to that of the previously enacted section 90.402(2)(b)1., which applies in “child molestation”
176 So. 3d 310, 2015 Fla. App. LEXIS 12718, 2015 WL 5023063
District Court of Appeal of Florida | Filed: Aug 26, 2015 | Docket: 2687686
Published
...that which is relevant.
As the Florida Supreme Court clarified in McLean v. State, 934 So. 2d 1248
(Fla. 2006), collateral offense evidence admitted pursuant to section 90.404(2)(b)
must still be relevant to a material issue as required by section 90.402, and is also
subject to the balancing test provided in section 90.403:
Accordingly, the similarity of the prior act and the charged offense
remains part of a court's analysis in determining whether to admit the
evidence in two ways....
District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098305
Published
evidence is admissible, except as provided by law.” § 90.402, Fla. Stat. “[I]t is reversible error to exclude
272 So. 3d 482
District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 64714693
Published
PER CURIAM. Affirmed. See § 90.402, Fla. Stat. (2017) (providing: "All relevant evidence is admissible
272 So. 3d 482
District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 64714694
Published
PER CURIAM. Affirmed. See § 90.402, Fla. Stat. (2017) (providing: "All relevant evidence is admissible
District Court of Appeal of Florida | Filed: Apr 22, 2020 | Docket: 17089289
Published
evidence is admissible, except as provided by law.” § 90.402, Fla. Stat. (2017). In a criminal case, “[i]f
District Court of Appeal of Florida | Filed: Apr 1, 2020 | Docket: 17033714
Published
McClain, 525 So. 2d 420, 421 (Fla. 1988); see also § 90.402, Fla. Stat. (2019). “Relevant evidence is evidence
