The 2023 Florida Statutes (including Special Session C)
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. . . That rule can be viewed similarly to section 90.403, balancing the relevance of a defendant's potential . . . relied upon by the majority, the Fourth District cautioned that the trial court must engage in a section 90.403 . . .
. . . ." § 90.403, Fla. Stat.; see also McLean v. . . . the record, we cannot say that any reasonable judge would have excluded the evidence under section 90.403 . . .
. . . (citing §§ 90.402, 90.403, Fla. Stat.). . . .
. . . Id. at 1259 (quoting § 90.403, Fla. Stat. (2005) ); see also Peralta-Morales v. . . . under section 90.404(2) is substantially outweighed by unfair prejudice to the defendant under section 90.403 . . . See § 90.403, Fla. Stat. (2017). Affirmed. Warner and Levine, JJ., concur. . . .
. . . Stat. (2017) (providing: "All relevant evidence is admissible, except as provided by law"); § 90.403, . . .
. . . Citing to section 90.403 of the Florida Statutes, defense counsel argued that limiting Mr. . . . Sinkovics and Altemose were subject to limitation under section 90.403 of the Florida Statutes. . . . The trial court's limiting instruction was not effective in this case Section 90.403 gives the trial . . . Sinkovics and Altemose " Section 90.403 may be applied to limit only a part of a statement or the details . . . Because the trial court had the discretion, under section 90.403, to decide how to limit Mr. . . .
. . . ." § 90.403. 934 So.2d at 1259. . . . Moreover, a trial court is given a "large measure of discretion" under section 90.403 in determining . . .
. . . See § 90.403, Fla. . . . 292 (holding that even inextricably intertwined evidence is subject to the balancing test of section 90.403 . . . trial court to conclude that this evidence never reached the point of inadmissibility under section 90.403 . . .
. . . ." § 90.403, Fla. Stat. (2017). But relevant evidence is inherently prejudicial. State v. . . .
. . . ."); see §§ 90.404(2) and 90.403, Fla. Stat. (2018). . . .
. . . as part of its weighing of the probative value and prejudicial effect of the evidence under section 90.403 . . . See McLean , 934 So.2d at 1251 ("Application of section 90.403 in determining admissibility ensures that . . . Thus, subject to weighing under section 90.403, evidence of other sexual offenses committed by the defendant . . .
. . . State , 451 So.2d 1386, 1387 (Fla. 4th DCA 1984) ; see also § 90.403, Fla. Stat. . . .
. . . ." § 90.403, Fla. Stat. (2016). . . .
. . . reasons, including: (1) the statements were irrelevant and prejudicial under sections 90.401, 90.402, and 90.403 . . .
. . . , similar fact evidence of other crimes is subject to exclusion under the balancing test of section 90.403 . . . acts of child molestation against its potential for unfair prejudice, which is compelled by section 90.403 . . . that a trial court should consider when balancing the collateral crime evidence pursuant to section 90.403 . . . prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence. § 90.403 . . .
. . . According to Sims, the court should have excluded the evidence under section 90.403, which precludes . . .
. . . ." § 90.403, Fla. Stat. . . .
. . . However, section 90.403, Florida Statutes (2018), states: "Relevant evidence is inadmissible if its probative . . . determined by its relevancy and, of course, subject to exclusion under the balancing test of section 90.403 . . .
. . . child molestation must be relevant and that the evidence "remains subject to weighing under section 90.403 . . . prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence." § 90.403 . . . is a critical consideration for the trial court in conducting an appropriate weighing under section 90.403 . . . Section 90.403 provides, in part: "Relevant evidence is inadmissible if its probative value is substantially . . .
. . . ." § 90.403. . . . is a critical consideration for the trial court in conducting an appropriate weighing under section 90.403 . . .
. . . Castanon , 162 So.3d at 54 (citing § 90.403, Fla. Stat.). . . .
. . . ." § 90.403, Fla. Stat. (2012). . . .
. . . reputation evidence relating to a victim's prior sexual conduct ... shall not be admitted into evidence"); § 90.403 . . .
. . . See § 90.403, Fla. Stat. (2016). III. . . .
. . . certified driving record, to which Appellant objected, asserting the record was prejudicial under section 90.403 . . . prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence." § 90.403 . . .
. . . Thus, his objection was lodged pursuant to section 90.403, Florida Statutes (2016), which provides that . . . The Florida Supreme Court has elaborated on the balancing inquiry of section 90.403 : "Unfair prejudice . . . The trial court relied on Harris , 449 So.2d at 896-98, which involved the application of section 90.403 . . . The court explained that not all relevant evidence is admissible under the balancing test of section 90.403 . . . With a stipulation lacking, the trial court had to engage in the balancing inquiry of section 90.403- . . .
. . . Section 90.403, Florida Statutes (2007), establishes a limitation on the introduction of relevant evidence . . .
. . . ." § 90.403, Fla. Stat. (2017) (emphasis added); see also Delgardo v. Allstate Ins. . . .
. . . In every case, the trial court must conduct the weighing required by section 90.403." McLean v. . . . Here, while the trial court properly performed the balancing required by § 90.403 and McLean , it failed . . . do not believe this conclusion mandates a new trial because the trial court did perform the section 90.403 . . .
. . . court erred by admitting child hearsay statements without conducting a balancing test under section 90.403 . . . danger of presentation of repetitive and cumulative evidence under the protection afforded by section 90.403 . . . trial court did not articulate any balancing consideration, but "there is no requirement under section 90.403 . . .
. . . witness's opinion about the guilt or innocence of the defendant is inadmissible pursuant to section 90.403 . . .
. . . "Despite the fact that all relevant evidence is admissible, section 90.403 provides for the exclusion . . . the jury, or needless presentation of cumulative evidence.' " Taylor, 855 So.2d at 21-22 (quoting § 90.403 . . .
. . . . § 90.403, Fla. Stat. (2015); see also Victorino v. . . .
. . . See §§ 90.401, 90.403, Fla. Stat. (2017). . . .
. . . See § 90.403 (“Relevant evidence is inadmissible if its probative value is substantially outweighed by . . .
. . . Appellant contends that under section 90.403, Florida Statutes, the prejudicial impact of the' victim . . . for the statutory exception in section 90.803(23) is subject to the balancing test found in section 90.403 . . . to preserve the argument that the trial court failed to apply the balancing test required by section 90.403 . . . defendant failed to preserve the argument that child hearsay statements were inadmissible under section 90.403 . . .
. . . issues, misleading the jury, or needless presentation of cumulative evidence,” Id. at 1212 (quoting § 90.403 . . . See § 90.403, Fla. Stat. (2013). . . .
. . . prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence,” § 90.403 . . .
. . . outweighed by the danger of unfair prejudice, confusion of issues, [or] misleading the jury” (quoting § 90.403 . . .
. . . even if it were marginally relevant, the statement was nevertheless inadmissible pursuant to section 90.403 . . . identical to Harrison’s statement to her sister that the court had previously excluded pursuant to section 90.403 . . . Lang, 796 So.2d 1208, 1209 (Fla. 5th DCA 2001). - Section 90.403 provides that “[rjelevant evidence is . . . that, under the facts o'f this case, Harrison’s statement to her sister was inadmissible under section 90.403 . . .
. . . State, 863 So.2d 323, 327 (Fla. 3d DCA 2003) (citing § 90.403, Fla. Stat. (1997)). . . .
. . . See §§ 90.402, 90.403, Fla. Stat. (2016). . . .
. . . below to the amount of the victim impact evidence and its cumulative prejudicial effect under section 90.403 . . .
. . . was substantially outweighed by its unfair prejudice, and therefore was inadmissible under section 90.403 . . . 1st DCA 2011) (“Appellant failed to object at trial on undue prejudice grounds pursuant to section 90.403 . . . inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice ....”§ 90.403 . . .
. . . improperly introducing evidence at the final hearing—over her objections—purportedly excluded by sections 90.403 . . .
. . . Section 90.403, Florida Statutes (2014), however, states that “[rjelevant evidence is inadmissible if . . . feature of the trial, did not constitute an abuse of discretion under the balancing test of section 90.403 . . .
. . . .” § 90.403, Fla. Stat. (2013); accord majority op. at 340. . . . previous, atrocious murders did not “substantially outweigh[ ]” any probative value it provided. § 90.403 . . . See § 90.403, Fla. . . .
. . . determined by its relevancy and, of course, subject to exclusion under the balancing test of section 90.403 . . . separately to determine its relevancy to the charges here and, of course, keep the balancing test of section 90.403 . . .
. . . .Ӥ 90.403, Fla. Stat. (2014). . . .
. . . See § 90.403, Fla. Stat. (2014); Johnson v. State, 112 So.3d 564, 566 (Fla. 4th DCA 2013). . . .
. . . See § 90.403, Fla. Stat. (2015); McLean v. State, 934 So.2d 1248 (Fla. 2006). . . .
. . . provided, however, the court finds that the testimony is not inadmissible pursuant to s. 90.402 or s. 90.403 . . .
. . . See § 90.403, Fla. . . . “The unfair prejudice that section 90.403 attempts to eliminate relates to evidence that ‘inflames the . . .
. . . .” § 90.403, Fla. Stat. (2014). . . .
. . . .” § 90.403, Fla. Stat. . . . See § 90.403, Fla. Stat. The evidence should not have been admitted. • C. . . . We hold that evidence of the Eagles being on notice of the RVA was inappropriate under section 90.403 . . .
. . . inadmissible as being, scientifically unreliable, irrelevant, and overly prejudicial under sections 90.702 and 90.403 . . .
. . . The appellant filed a motion' in limine to exclude the “time and crime” report based on section 90.403 . . .
. . . could, under different circumstances, outweigh .its probative value.” 920 So.2d at 1208-09 (citing § 90.403 . . .
. . . Even though relevant, evidence is inadmissible under, section 90.403, Florida Statutes (2013), “if its . . .
. . . The rule of evidence applicable here is section 90.403, Florida Statutes (2013), which provides, in pertinent . . . inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice ....” § 90.403 . . .
. . . probative value is “substantially outweighed by the danger of unfair prejudice” pursuant to section .90.403 . . . , confusion of the issues, misleading the jury, or needless presentation of cumulative evidence.” § 90.403 . . .
. . . questions which probe a witness’s credibility are subject to the balancing test set forth in section 90.403 . . .
. . . .” § 90.403, Fla. Stat. (2013). . . . “The unfair prejudice that section 90.403 attempts to eliminate relates to evidence that inflames the . . .
. . . Amendment narrows, a trial court’s discretion to exclude evidence of a witnesses] bias under section 90.403 . . . prejudice, confusion of issues, misleading the jury,.or needless presentation of cumulative evidence.” § 90.403 . . .
. . . It argues the section 90.403 balancing test weighed in its favor and any error was harmless. . . .
. . . inadmissible where its probative value is outweighed by the danger of unfair prejudice, see section 90.403 . . .
. . . the grounds that its prejudicial effect substantially'outweighed its probative value under section 90.403 . . . prejudice: whether the “probative value is substantially outweighed by the danger of unfair prejudice.” § 90.403 . . .
. . . Section 90.403, Florida Statutes (2013), provides that “[rjelevant evidence is inadmissible if its probative . . . See § 90.403, Fla. Stat. (2013). This required the court to determine its probative value. . . .
. . . . §§ 90.403, 90.404(2)(a), Fla. Stat. (2013). . . . issue as required by section 90.402, and is also subject to the balancing test provided in section 90.403 . . . is a critical consideration for the trial court in conducting an appropriate weighing under section 90.403 . . . Factors other than the potential for unfair prejudice are also pertinent in a section 90.403 analysis . . . In applying the balancing test set forth in section 90.403, in conjunction with section 90.404(2)(b), . . .
. . . over the presentation of the evidence so as to avoid the needless consumption of time, and section 90.403 . . .
. . . State, 785 So.2d 1209, 1212-13 (Fla.2001) (citing section 90.403, Florida Statutes). . . . . Evidence of other acts of child molestation in such cases " ‘remains subject to weighing under section 90.403 . . . Thus, even in child molestation cases, the application of section 90.403 "ensures that section 90.404 . . .
. . . Any attack on an expert witness’s credibility is subject to a section 90.403 balancing analysis. . . .
. . . .” § 90.403, Florida Statutes (2013). . . .
. . . The court conducted an analysis under section 90.403, Florida Statutes (2012), and determined that the . . . of the wife’s testimony on this issue and made a probative versus prejudicial analysis under section 90.403 . . . Section 90.403, Florida Statutes (2012), provides: “Relevant evidence is inadmissible if its probative . . .
. . . inherent prejudice associated with ... relevant evidence” necessary to require its exclusion under section 90.403 . . .
. . . See § 90.403, Fla. . . . See § 90.403, Fla. Stat. (2007). . . . not shown that upon a motion by trial counsel, the photographs would have been excluded under section 90.403 . . .
. . . Blake asserts that the testimony could have been excluded únder section 90.403, Florida Statutes (2005 . . .
. . . Section 90.403 of the Florida Statutes permits trial courts to exclude orily evidence in which the “probative . . . prejudice, confusion of issues, misleading the jury, or needless presentation of cumulative evidence.” § 90.403 . . .
. . . .” § 90.403, Fla. Stat. (2008). In Council v. . . .
. . . Section 90.403, which provides that “[r]elevant evidence is inadmissible if its probative value is substantially . . . See Wright, 19 So.3d at 291 (quoting § 90.403). . . .
. . . evidence of a collateral crime was clear and convincing, and if so, then to determine, under section 90.403 . . . trial court were to assume, initially, the evidence was clear and convincing, and proceed with the 90.403 . . . do not believe this conclusion mandates a new trial because the trial court did perform the section 90.403 . . .
. . . that even under the relaxed standard the evidence is subject to relevancy requirements and the section 90.403 . . .
. . . .” § 90.403, Fla.Stat. (2012). As such, “the prerequisite to admissibility is relevancy.” . . .
. . . context or whether they share any similarity,” such evidence “remains subject to weighing under section 90.403 . . .
. . . See § 90.403, Fla. . . .
. . . See § 90.403, Fla. Stat. (2013). “Cumulative evidence” calls for-a mere “repetition of testimony.” . . .
. . . significantly less importance than its prejudicial effect, and the evidence should be excluded under section 90.403 . . .
. . . Florida’s equivalent is found in section 90.403, Florida Statutes (2007). . . .