Florida Statute 90.403 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.403

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

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; ss. 6, 22, ch. 78-361; ss. 1, 2, ch. 78-379.

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Amendments to 90.403

Annotations, Discussions, Cases:

Cases Citing Statute 90.403

Total Results: 724

Pagan v. State

830 So. 2d 792, 2002 WL 500315

Supreme Court of Florida | Filed: Apr 4, 2002 | Docket: 329524

Cited 585 times | Published

weighed against the prejudice it would cause. Section 90.403, Florida Statutes (1995), states in pertinent

Robertson v. State

829 So. 2d 901, 2002 WL 31267817

Supreme Court of Florida | Filed: Oct 10, 2002 | Docket: 350394

Cited 231 times | Published

the passage of time on the evidence"). [6] See § 90.403, Fla. Stat. (1997); see also Williamson v. State

Pardo v. State

596 So. 2d 665, 1992 WL 56521

Supreme Court of Florida | Filed: Mar 26, 1992 | Docket: 2037855

Cited 191 times | Published

or is the test for exclusion that found in section 90.403, Florida Statutes (1989)? 582 So.2d at 1228

Rodriguez v. State

753 So. 2d 29, 2000 WL 124379

Supreme Court of Florida | Filed: Feb 3, 2000 | Docket: 2514803

Cited 157 times | Published

that is admitted over an objection based upon section 90.403, [Florida Statutes (1999),] a trial judge must

Stephens v. State

787 So. 2d 747, 2001 WL 252160

Supreme Court of Florida | Filed: Mar 15, 2001 | Docket: 1745075

Cited 148 times | Published

the statement was unduly prejudicial. Under section 90.403, Florida Statutes (1997), relevant testimony

State v. Smith

573 So. 2d 306, 1990 WL 252114

Supreme Court of Florida | Filed: Dec 20, 1990 | Docket: 132818

Cited 126 times | Published

also was cumulative and unfairly prejudicial. § 90.403, Fla. Stat. (1985). The third claim regarding

Brooks v. State

762 So. 2d 879, 2000 WL 674581

Supreme Court of Florida | Filed: May 25, 2000 | Docket: 57131

Cited 124 times | Published

credibility, and, after weighing such testimony under section 90.403, Florida Statutes (1995), the court determined

Frank Special v. West Boca Medical Center

160 So. 3d 1251, 39 Fla. L. Weekly Supp. 676, 2014 Fla. LEXIS 3320, 2014 WL 5856384

Supreme Court of Florida | Filed: Nov 13, 2014 | Docket: 2597258

Cited 121 times | Published

to exclude the contested cross-examination. Section 90.403 of the Florida Statutes permits trial courts

Jackson v. State

575 So. 2d 181, 1991 WL 6535

Supreme Court of Florida | Filed: Jan 18, 1991 | Docket: 1731140

Cited 117 times | Published

by its prejudicial impact." Id. at 536-37; see § 90.403, Fla. Stat. (1983). In the instant case, there

Mansfield v. State

758 So. 2d 636, 2000 WL 329422

Supreme Court of Florida | Filed: Mar 30, 2000 | Docket: 760844

Cited 108 times | Published

Ramirez." We review a trial court's ruling on a section 90.403 objection on an abuse of discretion standard

McDuffie v. State

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

403, Fla. Stat.). "[P]roper application of section 90.403 requires a balancing test by the trial judge

Brown v. State

719 So. 2d 882, 1998 WL 716709

Supreme Court of Florida | Filed: Oct 15, 1998 | Docket: 2037539

Cited 99 times | Published

supporting the defendant's guilt. Id. at 672.[6] SECTION 90.403 BALANCING The question presented, as in Old

Swafford v. State

533 So. 2d 270, 1988 WL 101552

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 401031

Cited 97 times | Published

danger of unfair prejudice to an accused. See § 90.403, Fla. Stat. (1985). Swafford also argues that

McWatters v. State

36 So. 3d 613, 35 Fla. L. Weekly Supp. 169, 2010 Fla. LEXIS 406, 2010 WL 958069

Supreme Court of Florida | Filed: Mar 18, 2010 | Docket: 1638896

Cited 96 times | Published

diminish its relevance; and whether pursuant to section 90.403, Florida Statutes, the probative value of the

Walker v. State

707 So. 2d 300, 1997 WL 539438

Supreme Court of Florida | Filed: Sep 4, 1997 | Docket: 1260222

Cited 88 times | Published

even if relevant, it was inadmissible under section 90.403, Florida Statutes (1995), because its weak

Zack v. State

753 So. 2d 9, 2000 WL 14472

Supreme Court of Florida | Filed: Jan 6, 2000 | Docket: 466839

Cited 87 times | Published

evidence is outweighed by its prejudicial effect. See § 90.403, Fla. Stat. (1995); Gore v. State, 719 So.2d 1197

Heiney v. State

447 So. 2d 210

Supreme Court of Florida | Filed: Feb 2, 1984 | Docket: 1691171

Cited 87 times | Published

value, even relevant evidence should be excluded. § 90.403, Fla. Stat. (1979); 1 Wharton's Criminal Evidence

Griffin v. State

639 So. 2d 966, 1994 WL 318674

Supreme Court of Florida | Filed: Jul 7, 1994 | Docket: 1310337

Cited 85 times | Published

needless presentation of cumulative evidence." § 90.403, Fla. Stat. (1991). Section 90.404(2)(a), Florida

Gudinas v. State

693 So. 2d 953, 1997 WL 166238

Supreme Court of Florida | Filed: Apr 10, 1997 | Docket: 1144752

Cited 84 times | Published

substantially outweighed by their prejudicial impact. § 90.403, Fla.Stat. (1993). We disagree. We have stated

Glendening v. State

536 So. 2d 212, 57 U.S.L.W. 2391

Supreme Court of Florida | Filed: Dec 1, 1988 | Docket: 422176

Cited 84 times | Published

are subject, however, to the limitations of section 90.403, Florida Statutes (1985), which provides in

McLean v. State

934 So. 2d 1248, 2006 WL 1837909

Supreme Court of Florida | Filed: Jul 6, 2006 | Docket: 1460812

Cited 80 times | Published

is compelled by section 90.403, Florida Statutes (2005). Application of section 90.403 in determining

Gore v. State

719 So. 2d 1197, 1998 WL 670380

Supreme Court of Florida | Filed: Oct 1, 1998 | Docket: 2518352

Cited 80 times | Published

relevant evidence is restricted by the mandate of section 90.403, Florida Statutes (1995), which provides that

Chavez v. State

832 So. 2d 730, 2002 WL 31642373

Supreme Court of Florida | Filed: Nov 21, 2002 | Docket: 75262

Cited 79 times | Published

clearly outweighed by the prejudicial impact. See § 90.403, Fla. Stat. (1995) ("Relevant evidence is inadmissible

Bryan v. State

533 So. 2d 744, 1988 WL 97912

Supreme Court of Florida | Filed: Sep 22, 1988 | Docket: 1232965

Cited 78 times | Published

outweighed by the danger of unfair prejudice. § 90.403, Fla. Stat. (1983). The state had a plethora of

Bradley v. State

787 So. 2d 732, 2001 WL 197024

Supreme Court of Florida | Filed: Mar 1, 2001 | Docket: 1495764

Cited 77 times | Published

evidence is outweighed by its prejudicial effect. See § 90.403, Fla. Stat. (1995); Gore v. State, 719 So.2d 1197

Alston v. State

723 So. 2d 148, 1998 WL 574303

Supreme Court of Florida | Filed: Sep 10, 1998 | Docket: 2527467

Cited 76 times | Published

[12] In respect to the objection based upon section 90.403, Florida Statutes (1995),[13]Williamson v.

Andrews v. State

533 So. 2d 841, 1988 WL 107896

District Court of Appeal of Florida | Filed: Oct 20, 1988 | Docket: 1656583

Cited 74 times | Published

trier of fact, as well as the provisions of section 90.403, that the danger of prejudice may outweigh

Brooks v. State

918 So. 2d 181, 2005 WL 1475401

Supreme Court of Florida | Filed: Jun 23, 2005 | Docket: 1361360

Cited 68 times | Published

outweighed by the danger of unfair prejudice. See § 90.403, Fla. Stat. (2002). The admissibility of evidence

Taylor v. State

855 So. 2d 1, 2003 WL 21283161

Supreme Court of Florida | Filed: Jun 5, 2003 | Docket: 1752466

Cited 66 times | Published

fact that all relevant evidence is admissible, section 90.403 provides for the exclusion of relevant evidence

Martinez v. State

761 So. 2d 1074, 2000 WL 766454

Supreme Court of Florida | Filed: Jun 15, 2000 | Docket: 1709329

Cited 66 times | Published

testimony is precluded on the authority of section 90.403, Florida Statutes (1997), which excludes relevant

Morton v. State

689 So. 2d 259, 1997 WL 93765

Supreme Court of Florida | Filed: Mar 6, 1997 | Docket: 1477519

Cited 66 times | Published

801(d)(1)(A). [4] Florida's comparable rule is section 90.403, which states that "relevant evidence is inadmissible

Wright v. State

19 So. 3d 277, 34 Fla. L. Weekly Supp. 497, 2009 Fla. LEXIS 1416, 2009 WL 2778107

Supreme Court of Florida | Filed: Sep 3, 2009 | Docket: 1651717

Cited 64 times | Published

needless presentation of cumulative evidence." § 90.403, Fla. Stat. (2000). Therefore, collateral-crime

Ramirez v. State

651 So. 2d 1164, 1995 WL 2417

Supreme Court of Florida | Filed: Jan 5, 1995 | Docket: 476366

Cited 63 times | Published

courts of appeal had taken the position that section 90.403 of the Florida Evidence Code superseded the

Coolen v. State

696 So. 2d 738, 1997 WL 268909

Supreme Court of Florida | Filed: May 22, 1997 | Docket: 1696110

Cited 61 times | Published

However, evidence of bias is subject to a section 90.403, Florida Statutes (1993),[4] balancing and

Franklin v. State

965 So. 2d 79, 2007 WL 1774414

Supreme Court of Florida | Filed: Jun 21, 2007 | Docket: 1438592

Cited 59 times | Published

outweighed by the danger of unfair prejudice. See § 90.403, Fla. Stat. (2005). The admissibility of evidence

Johnson v. State

969 So. 2d 938, 2007 WL 1933048

Supreme Court of Florida | Filed: Jul 5, 2007 | Docket: 1403693

Cited 55 times | Published

" but applying the test of admissibility in section 90.403, Florida Statutes (2006), concluded that its

State v. Savino

567 So. 2d 892, 1990 WL 149736

Supreme Court of Florida | Filed: Oct 4, 1990 | Docket: 1381388

Cited 55 times | Published

evidence is admissible except as provided by law. Section 90.403, Florida Statutes (1987), however, provides

Keen v. State

775 So. 2d 263, 2000 WL 1424523

Supreme Court of Florida | Filed: Sep 28, 2000 | Docket: 2543941

Cited 54 times | Published

must be avoided. Baird, 572 So.2d at 908; see § 90.403, Fla. Stat. (1989). Conley, 620 So.2d at 183 (emphasis

Hayes v. State

660 So. 2d 257, 1995 WL 368405

Supreme Court of Florida | Filed: Jun 22, 1995 | Docket: 1755833

Cited 54 times | Published

substantially outweighed by its prejudicial effect. See § 90.403, Fla. Stat. (1993). In fact, the differences *262

Singleton v. State

783 So. 2d 970, 2001 WL 123883

Supreme Court of Florida | Filed: Feb 15, 2001 | Docket: 1956055

Cited 53 times | Published

discretion in not barring the tape on the basis of section 90.403, Florida Statutes (1995). Next, we find no

Kruse v. State

483 So. 2d 1383, 11 Fla. L. Weekly 333

District Court of Appeal of Florida | Filed: Feb 5, 1986 | Docket: 455779

Cited 52 times | Published

decided by the trier of fact. In addition, section 90.403 provides: 90.403 Exclusion on grounds of prejudice

Piamba Cortes Ex Rel. Piamba Cortes v. American Airlines, Inc.

177 F.3d 1272, 1999 A.M.C. 2286, 1999 U.S. App. LEXIS 13191

Court of Appeals for the Eleventh Circuit | Filed: Jun 15, 1999 | Docket: 395372

Cited 51 times | Published

719 So.2d 882, 887 (Fla.1998) (observing that § 90.403 of Florida’s Evidence Code, which governs the

Crump v. State

622 So. 2d 963, 1993 WL 194554

Supreme Court of Florida | Filed: Jun 10, 1993 | Docket: 546677

Cited 50 times | Published

qualifications as a hair and fiber analyst. Although section 90.403, Florida Statutes (1989), provides that "[r]elevant

Bozeman v. State

698 So. 2d 629, 1997 WL 536005

District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 434394

Cited 49 times | Published

outweighed any probative value of the testimony. § 90.403, Fla. Stat. (1995). The evidence was cumulative

State v. McClain

525 So. 2d 420, 1988 WL 50191

Supreme Court of Florida | Filed: May 19, 1988 | Docket: 1304680

Cited 48 times | Published

whether the evidence was properly excluded under section 90.403, Florida Statutes, which states: Relevant evidence

Jones v. State

748 So. 2d 1012, 1999 WL 1033568

Supreme Court of Florida | Filed: Nov 12, 1999 | Docket: 1750369

Cited 47 times | Published

substantially outweigh any probative value. See § 90.403, Fla. Stat. (1995). However, in this case, we

Hayward v. State

24 So. 3d 17, 2009 WL 2612524

Supreme Court of Florida | Filed: Dec 10, 2009 | Docket: 1648320

Cited 45 times | Published

potentially prejudicial evidence is controlled by section 90.403, Florida Statutes. It states in pertinent part:

Robinson v. State

707 So. 2d 688, 1998 WL 54134

Supreme Court of Florida | Filed: Feb 12, 1998 | Docket: 1260192

Cited 45 times | Published

claim under the circumstances presented here. Section 90.403, Florida Statutes (1993), provides that "[r]elevant

Escobar v. State

699 So. 2d 988, 1997 WL 377595

Supreme Court of Florida | Filed: Jul 10, 1997 | Docket: 1321175

Cited 45 times | Published

outweighed by its prejudicial effect in violation of section 90.403, Florida Statutes (1989). Almost all evidence

Hitchcock v. State

673 So. 2d 859, 1996 WL 122170

Supreme Court of Florida | Filed: Mar 21, 1996 | Docket: 1671391

Cited 45 times | Published

particular individual's testimony might have had. See § 90.403, Fla. Stat. (1993). Thus, we conclude that Hitchcock

Aguirre-Jarquin v. State

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

testimony was relevant and did not violate section 90.403, Florida Statutes (2008). Relevant evidence

Parker v. State

873 So. 2d 270, 2004 WL 112875

Supreme Court of Florida | Filed: Jan 22, 2004 | Docket: 1732876

Cited 44 times | Published

this ruling was in error. We disagree. *282 Section 90.403, Florida Statutes (2003), provides that "[r]elevant

Fernandez v. State

730 So. 2d 277, 1999 WL 92234

Supreme Court of Florida | Filed: Feb 25, 1999 | Docket: 1647928

Cited 44 times | Published

outweighed by the danger of unfair prejudice under section 90.403, Florida Statutes (1991). A trial judge must

Holiday Inns, Inc. v. Shelburne

576 So. 2d 322, 1991 WL 7936

District Court of Appeal of Florida | Filed: Jan 30, 1991 | Docket: 1669879

Cited 44 times | Published

outweighed by the danger of unfair prejudice. § 90.403, Fla. Stat. (1987). The cases cited by appellants

State v. Vazquez

419 So. 2d 1088

Supreme Court of Florida | Filed: Sep 14, 1982 | Docket: 1754110

Cited 43 times | Published

outweighed by the danger of unfair prejudice. § 90.403, Fla. Stat. (1979). A prior conviction is a substantive

Gregory v. State

118 So. 3d 770, 38 Fla. L. Weekly Supp. 471, 2013 WL 3214455, 2013 Fla. LEXIS 1308

Supreme Court of Florida | Filed: Jun 27, 2013 | Docket: 60233430

Cited 42 times | Published

needless presentation of cumulative evidence.” § 90.403, Fla. Stat. (2011). “The trial court is obligated

Gregory v. State

118 So. 3d 770, 38 Fla. L. Weekly Supp. 471, 2013 WL 3214455, 2013 Fla. LEXIS 1308

Supreme Court of Florida | Filed: Jun 27, 2013 | Docket: 60233430

Cited 42 times | Published

needless presentation of cumulative evidence.” § 90.403, Fla. Stat. (2011). “The trial court is obligated

LaMarca v. State

785 So. 2d 1209, 2001 WL 223404

Supreme Court of Florida | Filed: Mar 8, 2001 | Docket: 450199

Cited 41 times | Published

needless presentation of cumulative *1213 evidence." § 90.403, Fla. Stat. (1995). All of the evidence presented

Butler v. State

842 So. 2d 817, 2003 WL 1786712

Supreme Court of Florida | Filed: Apr 3, 2003 | Docket: 1440370

Cited 40 times | Published

Spencer v. State, 615 So.2d 688 (Fla.1993). [2] § 90.403, Fla.Stat. (1997). [3] See § 90.404(2)(a), Fla

Conley v. State

620 So. 2d 180, 1993 WL 166316

Supreme Court of Florida | Filed: May 20, 1993 | Docket: 1722865

Cited 40 times | Published

must be avoided. Baird, 572 So.2d at 908; see § 90.403, Fla. Stat. (1989). In light of the lack of corroboration

Brown v. State

426 So. 2d 76

District Court of Appeal of Florida | Filed: Feb 8, 1983 | Docket: 510869

Cited 40 times | Published

34 App.Div. 260, 54 N.Y.S. 658, 662 (1898). Section 90.403 encompasses the test for legal relevance by

White v. State

817 So. 2d 799, 2002 WL 500174

Supreme Court of Florida | Filed: Apr 4, 2002 | Docket: 1728324

Cited 38 times | Published

evidence is outweighed by its prejudicial effect. See § 90.403, Fla. Stat. (1995); Gore v. State, 719 So.2d 1197

Dessaure v. State

891 So. 2d 455, 2004 WL 2797213

Supreme Court of Florida | Filed: Dec 2, 2004 | Docket: 1349807

Cited 37 times | Published

needless presentation of cumulative evidence." § 90.403, Fla. Stat. (2001). "Similar fact evidence of

Dennis v. State

817 So. 2d 741, 2002 WL 122250

Supreme Court of Florida | Filed: Jan 31, 2002 | Docket: 1429536

Cited 37 times | Published

2000) ("We review a trial court's ruling on a section 90.403 objection on an abuse of discretion standard

Lowder v. State

589 So. 2d 933, 1991 WL 200150

District Court of Appeal of Florida | Filed: Oct 8, 1991 | Docket: 1440899

Cited 37 times | Published

substantially outweighed by its prejudicial impact. § 90.403, Fla. Stat. (1989). Further, the defendant's possession

Twilegar v. State

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

provided by law." § 90.402, Fla. Stat. (2007). Section 90.403 sets forth the following exclusion: 90.403

D'AMARIO v. Ford Motor Co.

806 So. 2d 424, 2001 WL 1472600

Supreme Court of Florida | Filed: Nov 21, 2001 | Docket: 2450395

Cited 36 times | Published

amendment changes now the conclusion that under F.S. [§]90.403 the Court should have excluded the remote condition

Victorino v. State

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

substantially outweighs any probative value. See § 90.403, Fla. Stat. (2004). In this case, as the majority

Floyd v. State

913 So. 2d 564, 2005 WL 2509278

Supreme Court of Florida | Filed: Oct 12, 2005 | Docket: 1698238

Cited 35 times | Published

trial court in every case must also consider section 90.403," which prohibits the admission of relevant

Sims v. Brown

574 So. 2d 131, 1991 WL 6533

Supreme Court of Florida | Filed: Jan 18, 1991 | Docket: 1729623

Cited 35 times | Published

ruling on the admissibility of evidence under section 90.403, Florida Statutes (1989). The weighing of relevance

Huggins v. State

889 So. 2d 743, 2004 WL 2755802

Supreme Court of Florida | Filed: Dec 2, 2004 | Docket: 1488441

Cited 34 times | Published

have been excluded under the balancing test of section 90.403, Florida Statutes (2002). The trial court admitted

Smith v. State

866 So. 2d 51, 2004 WL 178582

Supreme Court of Florida | Filed: Jan 29, 2004 | Docket: 1680037

Cited 34 times | Published

majority op. at 13-15, and also fails to perform a section 90.403 balancing test, which would lead to a conclusion

Johnson v. State

842 So. 2d 228, 2003 WL 1798108

District Court of Appeal of Florida | Filed: Apr 8, 2003 | Docket: 1730392

Cited 34 times | Published

the evidentiary balancing test required by section 90.403, Florida Statutes ("Relevant evidence is inadmissible

Cortes v. American Airlines, Inc.

177 F.3d 1272

Court of Appeals for the Eleventh Circuit | Filed: Jun 15, 1999 | Docket: 395371

Cited 33 times | Published

719 So.2d 882, 887 (Fla. 1998) (observing that § 90.403 of Florida’s Evidence Code, which governs the

Sexton v. State

697 So. 2d 833, 1997 WL 417435

Supreme Court of Florida | Filed: Jul 17, 1997 | Docket: 1777251

Cited 33 times | Published

court in every case must also consider section 90.403. Section 90.403 states in pertinent part: Relevant

Williamson v. State

681 So. 2d 688, 1996 WL 528459

Supreme Court of Florida | Filed: Sep 19, 1996 | Docket: 1385252

Cited 32 times | Published

outweighed by its prejudicial effect in violation of section 90.403, Florida Statutes (1993). Appellant argues

Williams v. State

621 So. 2d 413, 1993 WL 241031

Supreme Court of Florida | Filed: Jul 1, 1993 | Docket: 1266168

Cited 32 times | Published

section 90.404(2)(a), may be excluded under section 90.403 if its probative value is substantially outweighed

Owen v. Crosby

854 So. 2d 182, 2003 WL 21554960

Supreme Court of Florida | Filed: Jul 11, 2003 | Docket: 402787

Cited 31 times | Published

prejudicial in violation of section 90.403, Florida Statutes (2001). Section 90.403 provides for the exclusion

Williams v. State

710 So. 2d 24, 1998 WL 116170

District Court of Appeal of Florida | Filed: Mar 18, 1998 | Docket: 1731548

Cited 31 times | Published

required on grounds of prejudice or confusion. § 90.403, Fla. Stat. (1997). If the evidence has any logical

State v. Meador

674 So. 2d 826, 1996 WL 252233

District Court of Appeal of Florida | Filed: May 15, 1996 | Docket: 1195272

Cited 31 times | Published

omitted)); see § 901.401, Fla.Stat. As stated in section 90.403, Florida Statutes (1995): "Relevant evidence

Steverson v. State

695 So. 2d 687, 1997 WL 311853

Supreme Court of Florida | Filed: Jun 12, 1997 | Docket: 425032

Cited 30 times | Published

proving Steverson's guilt for the Lucas killing. Section 90.403, Florida Statutes (1995), states in pertinent

Lambrix v. State

494 So. 2d 1143, 11 Fla. L. Weekly 503

Supreme Court of Florida | Filed: Sep 25, 1986 | Docket: 124348

Cited 30 times | Published

hinting at and not establishing the inconsistency. § 90.403, Fla. Stat. (1983). Obviously, defense counsel

Marsh v. Valyou

977 So. 2d 543, 2007 WL 4124744

Supreme Court of Florida | Filed: Nov 21, 2007 | Docket: 1529618

Cited 29 times | Published

balanced against all counterweights, pursuant to section 90.403, is clearly a component to be considered in

Dorsett v. State

944 So. 2d 1207, 2006 WL 3734363

District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 3281

Cited 29 times | Published

needless presentation of cumulative evidence." § 90.403, Fla. Stat. (2003). Thus, the prerequisite to

State v. Rawls

649 So. 2d 1350, 1994 WL 585668

Supreme Court of Florida | Filed: Oct 27, 1994 | Docket: 1320673

Cited 29 times | Published

outweighed its potential for undue prejudice. § 90.403, Fla. Stat. (1991). We acknowledge that Heuring

Lewis v. State

591 So. 2d 922, 1991 WL 256876

Supreme Court of Florida | Filed: Dec 5, 1991 | Docket: 887196

Cited 29 times | Published

apply, the testimony was inadmissible under section 90.403, Florida Statutes (1987),[3] because its probative

Flanagan v. State

586 So. 2d 1085, 1991 WL 133574

District Court of Appeal of Florida | Filed: Oct 14, 1991 | Docket: 473454

Cited 28 times | Published

in question would also be excludable under section 90.403, Florida Statutes (exclusion on grounds of

State v. Page

449 So. 2d 813

Supreme Court of Florida | Filed: Apr 26, 1984 | Docket: 1325756

Cited 28 times | Published

capacity to testify truthfully at trial. Also, section 90.403 of the evidence code enables the trial court

Smith v. State

28 So. 3d 838, 34 Fla. L. Weekly Supp. 681, 2009 Fla. LEXIS 2067, 2009 WL 4841038

Supreme Court of Florida | Filed: Dec 17, 2009 | Docket: 1652281

Cited 27 times | Published

substantially outweighed its probative value. See § 90.403, Fla. Stat. (2004). Trial court rulings on eviden-tiary

Harris v. State

843 So. 2d 856, 2003 WL 1561437

Supreme Court of Florida | Filed: Mar 27, 2003 | Docket: 472249

Cited 27 times | Published

consistent with the victim's head injury. See § 90.403, Fla. Stat. (2000). Admission of Inflammatory

Perry v. State

801 So. 2d 78, 2001 WL 1241060

Supreme Court of Florida | Filed: Oct 18, 2001 | Docket: 1495138

Cited 27 times | Published

improperly appealed to its emotions in violation of Section 90.403, Florida Statutes (1997).

Cave v. State

660 So. 2d 705, 1995 WL 555315

Supreme Court of Florida | Filed: Sep 21, 1995 | Docket: 2451253

Cited 27 times | Published

1933, 16 L.Ed.2d 1035 (1966). Furthermore, Section 90.403 of the Florida Evidence Code states that: Relevant

Duncan v. State

619 So. 2d 279, 1993 WL 132269

Supreme Court of Florida | Filed: Apr 29, 1993 | Docket: 1721713

Cited 27 times | Published

photograph clearly outweighed its probative value. Section 90.403, Fla. Stat. (1991). The photograph did not

Duncan v. State

619 So. 2d 279, 1993 WL 132269

Supreme Court of Florida | Filed: Apr 29, 1993 | Docket: 1721713

Cited 27 times | Published

photograph clearly outweighed its probative value. Section 90.403, Fla. Stat. (1991). The photograph did not

Berry v. CSX Transp., Inc.

709 So. 2d 552, 1998 WL 85601

District Court of Appeal of Florida | Filed: Mar 3, 1998 | Docket: 1682130

Cited 26 times | Published

combined with the so-called balancing test of section 90.403 or (ii) the Frye test was to be applied to

Dean v. State

690 So. 2d 720, 1997 WL 149244

District Court of Appeal of Florida | Filed: Apr 2, 1997 | Docket: 437051

Cited 26 times | Published

outweighed by the "danger of unfair prejudice." See § 90.403, Fla.Stat. (1995). The danger is that this type

Gibson v. State

661 So. 2d 288, 1995 WL 582212

Supreme Court of Florida | Filed: Oct 5, 1995 | Docket: 2525553

Cited 26 times | Published

substantially outweighed by its prejudicial effect. See § 90.403, Fla. Stat. (1993). In fact, the differences in

Gibson v. State

661 So. 2d 288, 1995 WL 582212

Supreme Court of Florida | Filed: Oct 5, 1995 | Docket: 2525553

Cited 26 times | Published

substantially outweighed by its prejudicial effect. See § 90.403, Fla. Stat. (1993). In fact, the differences in

Edwards v. State

548 So. 2d 656, 1989 WL 104498

Supreme Court of Florida | Filed: Sep 7, 1989 | Docket: 1333084

Cited 26 times | Published

such evidence is subject to exclusion under Section 90.403 whenever unfair prejudice or misleading of

Linn v. Fossum

946 So. 2d 1032, 2006 WL 3093186

Supreme Court of Florida | Filed: Nov 2, 2006 | Docket: 1771136

Cited 25 times | Published

inadmissible evidence is inadmissible under section 90.403, Florida Statutes (2005), because its probative

Linn v. Fossum

946 So. 2d 1032, 2006 WL 3093186

Supreme Court of Florida | Filed: Nov 2, 2006 | Docket: 1771136

Cited 25 times | Published

inadmissible evidence is inadmissible under section 90.403, Florida Statutes (2005), because its probative

Peterson v. State

94 So. 3d 514, 37 Fla. L. Weekly Supp. 370, 2012 WL 1722581, 2012 Fla. LEXIS 963

Supreme Court of Florida | Filed: May 17, 2012 | Docket: 60310908

Cited 24 times | Published

Peterson had committed a previous murder. See § 90.403, Fla. Stat. (2009). He further contends that evidence

Ramirez v. State

810 So. 2d 836, 2001 WL 1628609

Supreme Court of Florida | Filed: Dec 20, 2001 | Docket: 1223954

Cited 24 times | Published

subject to the balancing test set forth in section 90.403, Florida Statutes (2000), which focuses on

Parker v. State

408 So. 2d 1037

Supreme Court of Florida | Filed: Jan 7, 1982 | Docket: 1449757

Cited 24 times | Published

Although not in effect at the time of Parker's trial, § 90.403 codified the then pre-existing case law governing

Gorham v. State

454 So. 2d 556

Supreme Court of Florida | Filed: Jul 19, 1984 | Docket: 444343

Cited 23 times | Published

against the admitted relevance of the evidence. § 90.403, Fla. Stat. (1981). Not only was the defense willing

Love v. Garcia

634 So. 2d 158, 1994 WL 37919

Supreme Court of Florida | Filed: Feb 10, 1994 | Docket: 1737757

Cited 21 times | Published

if they are unfairly prejudicial or confusing. § 90.403, Fla. Stat. (1991). Under the business record

Huhn v. State

511 So. 2d 583

District Court of Appeal of Florida | Filed: Sep 16, 1987 | Docket: 1700760

Cited 21 times | Published

evidence is admissible except as provided by law. Section 90.403 states that relevant evidence is inadmissible

Trees by & Through Trees v. K-MART

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

if it is not legally relevant." Id. at 88. "Section 90.403 encompasses the test for legal relevance by

Armstrong v. State

73 So. 3d 155, 36 Fla. L. Weekly Supp. 517, 2011 Fla. LEXIS 2255, 2011 WL 4389009

Supreme Court of Florida | Filed: Sep 22, 2011 | Docket: 2355336

Cited 20 times | Published

subject to the section 90.403, Florida Statutes (1989), balancing test. Pursuant to section 90.403, “Relevant

Jones v. Moore

794 So. 2d 579, 2001 WL 746764

Supreme Court of Florida | Filed: Jul 5, 2001 | Docket: 1473376

Cited 20 times | Published

escape.[9] On direct appeal, objections under section 90.403, Florida Statutes (2000), are reviewed under

Lindabury v. Lindabury

552 So. 2d 1117, 1989 WL 106777

District Court of Appeal of Florida | Filed: Sep 19, 1989 | Docket: 1200684

Cited 20 times | Published

ultimate issue to be decided by the trier of fact. Section 90.403, Florida Statutes (1987), operates as a limitation

Ward v. State

519 So. 2d 1082, 1988 WL 6404

District Court of Appeal of Florida | Filed: Feb 1, 1988 | Docket: 1698731

Cited 20 times | Published

sexual assault case when proven relevant under Section 90.403, Florida Statutes, and more probative than

Dias v. State

812 So. 2d 487, 2002 WL 384970

District Court of Appeal of Florida | Filed: Mar 13, 2002 | Docket: 1364310

Cited 19 times | Published

value is outweighed by its prejudicial effect. See § 90.403, Fla. Stat. (1999). The state sought to admit

State v. Hubbard

751 So. 2d 552, 1999 WL 1211589

Supreme Court of Florida | Filed: Dec 16, 1999 | Docket: 1712551

Cited 19 times | Published

investigator's testimony was inadmissible under section 90.403, Florida Statutes (1995), "because the danger

Pierce v. State

718 So. 2d 806, 1997 WL 227452

District Court of Appeal of Florida | Filed: May 7, 1997 | Docket: 466461

Cited 19 times | Published

evidence offered at trial; and (4) pursuant to section 90.403, Florida Statutes, the evidence, although technically

Richard DeLisle v. Crane Co.

258 So. 3d 1219

Supreme Court of Florida | Filed: Oct 15, 2018 | Docket: 8030090

Cited 18 times | Published

outweighed by the danger of unfair prejudice." Id. § 90.403. However, once the trial court determines that

Patrick v. State

104 So. 3d 1046, 2012 Fla. LEXIS 2546, 2012 WL 6049585

Supreme Court of Florida | Filed: Dec 6, 2012 | Docket: 60227290

Cited 18 times | Published

subject to the section 90.403, Florida Statutes (2008), balancing test. Pursuant to section 90.403, “Relevant

State v. Gerry

855 So. 2d 157, 2003 WL 21990704

District Court of Appeal of Florida | Filed: Aug 22, 2003 | Docket: 1508592

Cited 18 times | Published

be admitted at trial because, pursuant to Fla. Stat. 90.403, the probative value of her medical testimony

State v. Sawyer

561 So. 2d 278, 1990 WL 748

District Court of Appeal of Florida | Filed: Jan 5, 1990 | Docket: 1740154

Cited 18 times | Published

outweighed by the danger of unfair prejudice. Under section 90.403, Florida Statutes (1985), relevant evidence

Moreno v. State

418 So. 2d 1223

District Court of Appeal of Florida | Filed: Sep 7, 1982 | Docket: 1289286

Cited 18 times | Published

substantially outweighed by danger of unfair prejudice, § 90.403, Fla. Stat.; product of unlawful search and seizure

Jackson v. State

25 So. 3d 518, 34 Fla. L. Weekly Supp. 541, 2009 Fla. LEXIS 1577, 2009 WL 3029662

Supreme Court of Florida | Filed: Sep 24, 2009 | Docket: 1662100

Cited 17 times | Published

is subject to the balancing test mandated by section 90.403, Florida Statutes (2007), which requires a

City of Hollywood v. Hogan

986 So. 2d 634, 2008 WL 2261504

District Court of Appeal of Florida | Filed: Jun 4, 2008 | Docket: 1728096

Cited 17 times | Published

probative value outweighed its prejudicial effect. See § 90.403, Fla. Stat. The City argues that because Kordzikowski's

Coler v. State

418 So. 2d 238

Supreme Court of Florida | Filed: May 13, 1982 | Docket: 2450543

Cited 17 times | Published

probative value against any unfair prejudice. See § 90.403, Fla. Stat. (1979) (not applicable to the trial

Jackson v. State

107 So. 3d 328, 37 Fla. L. Weekly Supp. 683, 2012 WL 5514937, 2012 Fla. LEXIS 2355

Supreme Court of Florida | Filed: Nov 15, 2012 | Docket: 60228650

Cited 16 times | Published

two-hour videotaped interrogation pursuant to section 90.403, Florida Statutes (2007), arguing that the

Dufour v. State

69 So. 3d 235, 2011 WL 320985

Supreme Court of Florida | Filed: Aug 25, 2011 | Docket: 2356258

Cited 16 times | Published

[or] misleading the jury.” Id. at 455 (quoting § 90.403, Fla. Stat. (1995)). Further, an expert’s testimony

Dufour v. State

69 So. 3d 235, 2011 WL 320985

Supreme Court of Florida | Filed: Aug 25, 2011 | Docket: 2356258

Cited 16 times | Published

[or] misleading the jury.” Id. at 455 (quoting § 90.403, Fla. Stat. (1995)). Further, an expert’s testimony

Banks v. State

790 So. 2d 1094, 2001 WL 788085

Supreme Court of Florida | Filed: Jul 13, 2001 | Docket: 1734529

Cited 16 times | Published

eventual scene of the illegal transaction. [4] Section 90.403, Florida Statutes (1997), provides in pertinent

Henry v. State

574 So. 2d 73, 1991 WL 1362

Supreme Court of Florida | Filed: Jan 3, 1991 | Docket: 1436736

Cited 16 times | Published

substantially outweighed its probative value. § 90.403, Fla. Stat. (1985). Indeed, it is likely that

Riggins v. Mariner Boat Works, Inc.

545 So. 2d 430, 1989 WL 64533

District Court of Appeal of Florida | Filed: Jun 14, 1989 | Docket: 1702839

Cited 16 times | Published

substantially outweighed by its prejudicial effect. § 90.403, Fla. Stat. (1987); see Johnson v. State, 478

Jackson v. State

89 So. 3d 1011, 2012 WL 1934426, 2012 Fla. App. LEXIS 8742

District Court of Appeal of Florida | Filed: May 30, 2012 | Docket: 60308482

Cited 15 times | Published

material fact.” § 90.401, Fla. Stat. (2007). Section 90.403, Florida Statutes (2007), establishes a limitation

Turtle v. State

600 So. 2d 1214, 1992 WL 123322

District Court of Appeal of Florida | Filed: Jun 9, 1992 | Docket: 539573

Cited 15 times | Published

nevertheless may be inadmissible *1218 under section 90.403 "if its probative value is substantially outweighed

Hawthorne v. State

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

exclude is sharply curtailed by the provisions of section 90.403. Although evidence of the syndrome in the case

Dickey v. State

458 So. 2d 1156

District Court of Appeal of Florida | Filed: Nov 6, 1984 | Docket: 1733242

Cited 15 times | Published

outweighed by the danger of unfair prejudice, see Section 90.403, Florida Statutes. We disagree on both counts

Pantoja v. State

59 So. 3d 1092, 36 Fla. L. Weekly Supp. 91, 2011 Fla. LEXIS 519, 2011 WL 722374

Supreme Court of Florida | Filed: Mar 3, 2011 | Docket: 60299563

Cited 14 times | Published

value.” Tail, 459 F.3d at 860. According to section 90.403, Florida Statutes (2002), “[relevant evidence

McGirth v. State

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

with Sheila should have been excluded under section 90.403 because the probative value of the evidence

Jones v. State

32 So. 3d 706, 2010 Fla. App. LEXIS 4494, 2010 WL 1329047

District Court of Appeal of Florida | Filed: Apr 7, 2010 | Docket: 1198638

Cited 14 times | Published

needless presentation of cumulative evidence." § 90.403, Fla. Stat. (2008). "The weighing of relevance

Jones v. State

32 So. 3d 706, 2010 Fla. App. LEXIS 4494, 2010 WL 1329047

District Court of Appeal of Florida | Filed: Apr 7, 2010 | Docket: 1198638

Cited 14 times | Published

needless presentation of cumulative evidence." § 90.403, Fla. Stat. (2008). "The weighing of relevance

Martinez v. State

692 So. 2d 199, 1997 WL 30812

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 436342

Cited 14 times | Published

prescribed medicine should have been excluded under section 90.403, Florida Statutes, which provides that relevant

Watson v. Builders Square, Inc.

563 So. 2d 721, 1990 WL 67303

District Court of Appeal of Florida | Filed: Jul 11, 1990 | Docket: 1281759

Cited 14 times | Published

that which would otherwise be inadmissible. F.S. 90.403 Even if Spardello's testimony was admissible

Demeko Ladjuan Sims v. State of Florida

260 So. 3d 509

District Court of Appeal of Florida | Filed: Dec 10, 2018 | Docket: 8379114

Cited 13 times | Published

court should have excluded the evidence under section 90.403, which precludes evidence “if its probative

Swafford v. State

125 So. 3d 760, 38 Fla. L. Weekly Supp. 793, 2013 WL 5942382, 2013 Fla. LEXIS 2421

Supreme Court of Florida | Filed: Nov 7, 2013 | Docket: 60236067

Cited 13 times | Published

State, 533 So.2d 270, 273-75 (Fla.1988) (citing § 90.403, Fla. Stat. (1985)). Here, Swafford’s statement

Saleeby v. Rocky Elson Construction, Inc.

3 So. 3d 1078, 34 Fla. L. Weekly Supp. 106, 2009 Fla. LEXIS 147, 2009 WL 217974

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 1653006

Cited 13 times | Published

(2003 ed.) (citing Dosdourian, 624 So.2d at 241; § 90.403, Fla. Stat. (2006)). A witness's bias or improper

Randall v. State

760 So. 2d 892, 2000 WL 422865

Supreme Court of Florida | Filed: Apr 20, 2000 | Docket: 1695293

Cited 13 times | Published

outweighed by the danger of unfair prejudice. See § 90.403, Fla. Stat. (1995); Williamson v. State, 681 So

Bauta v. State

698 So. 2d 860, 1997 WL 194122

District Court of Appeal of Florida | Filed: Sep 17, 1997 | Docket: 434471

Cited 13 times | Published

potentially seriously misleading for the jury. See § 90.403, Fla. Stat. (1991); State v. Johnson, 284 So.2d

Jones v. State

678 So. 2d 890, 1996 WL 471145

District Court of Appeal of Florida | Filed: Aug 21, 1996 | Docket: 1736954

Cited 13 times | Published

does not disqualify it from admission under section 90.403, Florida Statutes (1995). See Sias v. State

Mendyk v. State

545 So. 2d 846, 1989 WL 65501

Supreme Court of Florida | Filed: Jun 15, 1989 | Docket: 1702815

Cited 13 times | Published

permitting the introduction of this evidence. § 90.403, Fla. Stat. (1987). See People v. Hansen, 708

Chapman v. State

417 So. 2d 1028

District Court of Appeal of Florida | Filed: Jul 13, 1982 | Docket: 364570

Cited 13 times | Published

outweighed by the danger of unfair prejudice. See § 90.403, Fla. Stat. (1979). [5] We think it no coincidence

Gosciminski v. State

132 So. 3d 678, 38 Fla. L. Weekly Supp. 638, 2013 WL 5313183, 2013 Fla. LEXIS 1988

Supreme Court of Florida | Filed: Sep 12, 2013 | Docket: 60238539

Cited 12 times | Published

Debra Thomas and numerous other individuals. See § 90.403, Fla. Stat. (2009). Such testimony is the quintessential

Sliney v. State

944 So. 2d 270, 2006 WL 3228813

Supreme Court of Florida | Filed: Nov 9, 2006 | Docket: 1649422

Cited 12 times | Published

needless presentation of cumulative evidence." § 90.403, Fla. Stat. (1993). Sliney argues that the evidence

Bowen v. State

791 So. 2d 44, 2001 WL 630488

District Court of Appeal of Florida | Filed: Jun 8, 2001 | Docket: 22976

Cited 12 times | Published

whether this evidence is unduly prejudicial. See § 90.403, Fla. Stat. (1997). We note that there is other

Baber v. State

775 So. 2d 258, 2000 WL 1227764

Supreme Court of Florida | Filed: Aug 31, 2000 | Docket: 59352

Cited 12 times | Published

federal precedent, it should be noted that section 90.403(6) is based on Federal Rule of Evidence 803(6)

Wolowitz v. Thoroughbred Motors, Inc.

765 So. 2d 920, 2000 WL 1206393

District Court of Appeal of Florida | Filed: Aug 25, 2000 | Docket: 1522966

Cited 12 times | Published

presentation of cumulative evidence" under section 90.403, Florida Statutes (1995), is a question that

EI Dupont De Nemours v. Castillo Ex Rel. Castillo

748 So. 2d 1108, 2000 WL 140102

District Court of Appeal of Florida | Filed: Feb 9, 2000 | Docket: 1505041

Cited 12 times | Published

potential to unfairly prejudice the jury. See § 90.403, Fla. Stat. (1995). Additionally, since this case

Melendez v. State

700 So. 2d 791, 1997 WL 673819

District Court of Appeal of Florida | Filed: Oct 29, 1997 | Docket: 1373984

Cited 12 times | Published

2d 1159 (Fla.1981), we also note that under section 90.403, Florida Statutes, even relevant evidence may

Council v. State

691 So. 2d 1192, 1997 WL 194471

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 1422955

Cited 12 times | Published

prejudicial impact outweighed any probative value under § 90.403, Fla. Stat (1983). He characterizes the gun testimony

Keller Industries v. Volk

657 So. 2d 1200, 1995 WL 366343

District Court of Appeal of Florida | Filed: Jun 21, 1995 | Docket: 463961

Cited 12 times | Published

circumstances which require the application of section 90.403, Florida Statutes (1991),[3] the record in

Pausch v. State

596 So. 2d 1216, 1992 WL 72030

District Court of Appeal of Florida | Filed: Apr 8, 1992 | Docket: 1707341

Cited 12 times | Published

prejudicial, confusing, and misleading. *1219 § 90.403, Fla. Stat. (1989); see also, Pottgen v. State

Maharaj v. State

597 So. 2d 786, 1992 WL 56464

Supreme Court of Florida | Filed: Mar 26, 1992 | Docket: 2518191

Cited 12 times | Published

outweighs its probative value, contrary to section 90.403, Florida Statutes (1987). We disagree. Counsel

Childers v. State

936 So. 2d 585, 2006 WL 2620262

District Court of Appeal of Florida | Filed: Feb 2, 2006 | Docket: 109021

Cited 11 times | Published

irrelevant, the evidence was properly excluded under section 90.403, Florida Statutes (2002), because the limited

Smith v. State

880 So. 2d 730, 2004 WL 1175488

District Court of Appeal of Florida | Filed: May 28, 2004 | Docket: 1295016

Cited 11 times | Published

tape recording. Absent a showing pursuant to section 90.403 that the "probative value" of such evidence

McLean v. State

854 So. 2d 796, 2003 WL 22056269

District Court of Appeal of Florida | Filed: Sep 5, 2003 | Docket: 1459831

Cited 11 times | Published

also concluded that the legislature intended section 90.403, Florida Statutes (2001), to affect the admissibility

Bush v. State

809 So. 2d 107, 2002 WL 341790

District Court of Appeal of Florida | Filed: Mar 6, 2002 | Docket: 1722365

Cited 11 times | Published

of the defendant's guilt is precluded under section 90.403). Here, the expert witnesses did not offer

Thomas v. State

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

is admissible, except as provided by law." Section 90.403 states, "Relevant evidence is inadmissible

Delgado v. State

573 So. 2d 83, 1990 WL 212843

District Court of Appeal of Florida | Filed: Dec 28, 1990 | Docket: 479006

Cited 11 times | Published

State, 512 So.2d 280, 281 (Fla. 2d DCA 1987); § 90.403, Fla. Stat. (1987). The court also erred in admitting

Brown v. Sims

538 So. 2d 901, 1989 WL 6174

District Court of Appeal of Florida | Filed: Mar 2, 1989 | Docket: 472525

Cited 11 times | Published

rule is inapplicable. VI. UNFAIR PREJUDICE Section 90.403, Florida Statutes (1987), does not preclude

MacIas v. State

515 So. 2d 206, 12 Fla. L. Weekly 553

Supreme Court of Florida | Filed: Nov 5, 1987 | Docket: 1749258

Cited 11 times | Published

perform roadside sobriety tests in court. See § 90.403, Fla. Stat. (1985) (evidence may be excluded on

Whitfield v. State

479 So. 2d 208, 10 Fla. L. Weekly 2651

District Court of Appeal of Florida | Filed: Nov 27, 1985 | Docket: 1514319

Cited 11 times | Published

outweighed by the danger of unfair prejudice. § 90.403, Fla. Stat. (1983). See also, e.g., Williams v

Kopsho v. State

84 So. 3d 204, 37 Fla. L. Weekly Supp. 149, 2012 WL 652790, 2012 Fla. LEXIS 454

Supreme Court of Florida | Filed: Mar 1, 2012 | Docket: 60306683

Cited 10 times | Published

substantially outweighed by the prejudice. See § 90.403, Fla. Stat.; see also Hodges v. State, 885 So

Agrofollajes, S.A. v. E.I. Du Pont De Nemours & Co.

48 So. 3d 976, 2010 Fla. App. LEXIS 18327, 2010 WL 4870149

District Court of Appeal of Florida | Filed: Dec 1, 2010 | Docket: 1927248

Cited 10 times | Published

relevant to the present action. Pursuant to section 90.403, Florida Statutes (2001), relevant evidence

Grier v. State

27 So. 3d 97, 2009 Fla. App. LEXIS 20021, 2009 WL 4927889

District Court of Appeal of Florida | Filed: Dec 23, 2009 | Docket: 1203647

Cited 10 times | Published

needless presentation of cumulative evidence.” § 90.403. The similarity of the collateral act of molestation

State v. Shearod

992 So. 2d 900, 2008 WL 4682524

District Court of Appeal of Florida | Filed: Oct 24, 2008 | Docket: 1392360

Cited 10 times | Published

before admitting either as relevant evidence. See § 90.403.

Thigpen v. United Parcel Services, Inc.

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

ruling on the admissibility of evidence under section 90.403, Florida Statutes). The supreme court explained

Triplett v. State

947 So. 2d 702, 2007 WL 419360

District Court of Appeal of Florida | Filed: Feb 9, 2007 | Docket: 1720359

Cited 10 times | Published

appropriate weighing of the evidence required by section 90.403. See McLean v. State, 934 So.2d 1248, 1258

Russ v. State

832 So. 2d 901, 2002 WL 31833714

District Court of Appeal of Florida | Filed: Dec 19, 2002 | Docket: 1700078

Cited 10 times | Published

[sic]." Defense counsel objected pursuant to section 90.403, Florida Statutes, and argued that the charging

Midtown Enterprises, Inc. v. Local Contractors, Inc.

785 So. 2d 578, 2001 Fla. App. LEXIS 4747, 2001 WL 356946

District Court of Appeal of Florida | Filed: Apr 11, 2001 | Docket: 450187

Cited 10 times | Published

was outweighed by its prejudicial effect. See § 90.403, Fla. Stat. (1999). The trial court was thus correct

Slocum v. State

757 So. 2d 1246, 2000 WL 561717

District Court of Appeal of Florida | Filed: May 10, 2000 | Docket: 1331499

Cited 10 times | Published

confusion of issues [or] misleading the jury...." § 90.403, Fla. Stat. (1999). We find no abuse of discretion

Dolphin Cruise Line v. Stassinopoulos

731 So. 2d 708, 1999 WL 68516

District Court of Appeal of Florida | Filed: Feb 10, 1999 | Docket: 1733897

Cited 10 times | Published

this ruling to be an abuse of discretion. See § 90.403, Fla. Stat. (1995); Loper v. Allstate Ins. Co

Schwarz v. State

695 So. 2d 452, 1997 WL 291597

District Court of Appeal of Florida | Filed: Jun 4, 1997 | Docket: 1522070

Cited 10 times | Published

confusion of issues, misleading the jury..." § 90.403, Fla. Stat. Accordingly, while there was nothing

Sabol v. Bennett

672 So. 2d 93, 1996 WL 194263

District Court of Appeal of Florida | Filed: Apr 24, 1996 | Docket: 1763477

Cited 10 times | Published

create prejudice in the minds of the jurors. See § 90.403, Fla.Stat. (1983)." Botte, 497 So.2d at 1279.

Miller v. State

605 So. 2d 492, 1992 WL 212033

District Court of Appeal of Florida | Filed: Sep 1, 1992 | Docket: 468456

Cited 10 times | Published

outweighed by the danger of unfair prejudice... ." § 90.403, Fla. Stat. (1991) (emphasis added). The testimony

Keller v. State

586 So. 2d 1258, 1991 WL 191586

District Court of Appeal of Florida | Filed: Sep 26, 1991 | Docket: 1487548

Cited 10 times | Published

prejudicial it should have been excluded under section 90.403, Florida Statutes (1987): Relevant evidence

State v. Ochoa

576 So. 2d 854, 1991 WL 35278

District Court of Appeal of Florida | Filed: Mar 19, 1991 | Docket: 1242586

Cited 10 times | Published

Evidence § 803.4, at 485 (power to exclude under § 90.403); 4 J. Weinstein & M. Berger, Weinstein's Evidence

Francis v. State

512 So. 2d 280, 12 Fla. L. Weekly 2140

District Court of Appeal of Florida | Filed: Sep 4, 1987 | Docket: 1517304

Cited 10 times | Published

needless presentation of cumulative evidence. § 90.403, Fla. Stat. (1983). Although the state had the

Botte v. Pomeroy

497 So. 2d 1275, 11 Fla. L. Weekly 2363

District Court of Appeal of Florida | Filed: Nov 12, 1986 | Docket: 1242857

Cited 10 times | Published

create prejudice in the minds of the jurors. See § 90.403, Fla. Stat. (1983). We also believe that the court

State v. Wright

473 So. 2d 268, 10 Fla. L. Weekly 1806

District Court of Appeal of Florida | Filed: Jul 26, 1985 | Docket: 451413

Cited 10 times | Published

needless presentation of cumulative evidence. Section 90.403, Florida Statutes (1983). Here, the evidence

McGee v. State

435 So. 2d 854

District Court of Appeal of Florida | Filed: Jul 29, 1983 | Docket: 1328478

Cited 10 times | Published

effect of this information upon the jury, citing Section 90.403, Florida Evidence Code, Florida Statutes (1981)

Mendoza v. State

87 So. 3d 644, 36 Fla. L. Weekly Supp. 427, 2011 Fla. LEXIS 1581, 2011 WL 2652193

Supreme Court of Florida | Filed: Jul 8, 2011 | Docket: 60308025

Cited 9 times | Published

inadmissible evidence is inadmissible under section 90.403, Florida Statutes (2005), because its probative

Eugene v. State

53 So. 3d 1104, 2011 Fla. App. LEXIS 573, 2011 WL 222159

District Court of Appeal of Florida | Filed: Jan 26, 2011 | Docket: 60297991

Cited 9 times | Published

unfair prejudice” or “misleading the jury” under section 90.403, Florida Statutes (2005).3 See Shrader v. State

State v. Williams

992 So. 2d 330, 2008 WL 4412283

District Court of Appeal of Florida | Filed: Oct 1, 2008 | Docket: 1392362

Cited 9 times | Published

needless presentation of cumulative evidence." § 90.403, Fla. Stat. (2005). See generally Charles W. Ehrhardt

Bankers Trust Co. v. Basciano

960 So. 2d 773, 2007 WL 1514226

District Court of Appeal of Florida | Filed: May 25, 2007 | Docket: 1404854

Cited 9 times | Published

prove a material fact or issue, subject to section 90.403, Florida Statutes (1999). Wolowitz v. Thoroughbred

FINR v. Marshall

943 So. 2d 976

District Court of Appeal of Florida | Filed: Dec 8, 2006 | Docket: 1526824

Cited 9 times | Published

the manner of death fell within the scope of section 90.403, Florida Statutes (2003), which provides that

Denmark v. State

927 So. 2d 1079, 2006 WL 1328832

District Court of Appeal of Florida | Filed: May 17, 2006 | Docket: 1765360

Cited 9 times | Published

presentation of cumulative evidence." § 90.403. Thus, section 90.403 mandates a weighing process. See State

State v. Storer

920 So. 2d 754, 2006 WL 305432

District Court of Appeal of Florida | Filed: Feb 10, 2006 | Docket: 94771

Cited 9 times | Published

"probative versus prejudicial" analysis under section 90.403 in connection with a decision under the Williams

Irizarry v. State

905 So. 2d 160, 2005 WL 293082

District Court of Appeal of Florida | Filed: Feb 9, 2005 | Docket: 1711848

Cited 9 times | Published

since it did not become a feature of the trial, § 90.403, Fla. Stat. (2001), and the 1992 attack was not

Eliakim v. State

884 So. 2d 57, 2004 WL 432488

District Court of Appeal of Florida | Filed: Mar 10, 2004 | Docket: 1282197

Cited 9 times | Published

outset that the evidence was irrelevant. Under section 90.403, Florida Statutes, the court is required to

State v. Richards

843 So. 2d 962, 2003 WL 1916693

District Court of Appeal of Florida | Filed: Apr 23, 2003 | Docket: 1243910

Cited 9 times | Published

[1] The Morton decision adds the caveat that section 90.403 analysis is available in an appropriate case

O'CONNOR v. State

835 So. 2d 1226, 2003 WL 186965

District Court of Appeal of Florida | Filed: Jan 29, 2003 | Docket: 1643629

Cited 9 times | Published

relevant, not all relevant evidence is admissible; section 90.403 mandates that "[r]elevant evidence is inadmissible

State v. Emmund

698 So. 2d 1318, 1997 WL 557646

District Court of Appeal of Florida | Filed: Sep 10, 1997 | Docket: 1524296

Cited 9 times | Published

only one of excluding evidence under Fla. Stat. § 90.403 but is also more fundamentally one of providing

Loper v. Allstate Ins. Co.

616 So. 2d 1055, 1993 WL 96764

District Court of Appeal of Florida | Filed: Apr 5, 1993 | Docket: 1385433

Cited 9 times | Published

outweighed by the danger of unfair prejudice." Section 90.403, Fla. Stat. (1991). The prejudicial effect

Miller v. State

597 So. 2d 767, 1991 WL 325874

Supreme Court of Florida | Filed: Sep 26, 1991 | Docket: 1704579

Cited 9 times | Published

potential prejudice or confusion it may cause. § 90.403, Fla. Stat. (1987). We have described "relevancy"

Travers v. State

578 So. 2d 793, 1991 WL 60030

District Court of Appeal of Florida | Filed: Apr 18, 1991 | Docket: 1525353

Cited 9 times | Published

Williams rule evidence is inadmissible under section 90.403 if its probative value is substantially outweighed

Newberry Square Dev. Corp. v. Southern Landmark, Inc.

578 So. 2d 750, 1991 WL 47455

District Court of Appeal of Florida | Filed: Mar 29, 1991 | Docket: 1525225

Cited 9 times | Published

considered the counterbalancing factors outlined in Section 90.403, Florida Statutes (1989). Although a trial

Scott v. State

559 So. 2d 269, 1990 WL 33501

District Court of Appeal of Florida | Filed: Mar 28, 1990 | Docket: 1522256

Cited 9 times | Published

Pulliam v. State, 446 So.2d 1172 (Fla. 2d DCA 1984); § 90.403, Fla. Stat. (1987). We also find merit in appellant's

Anderson v. State

549 So. 2d 807, 1989 WL 118976

District Court of Appeal of Florida | Filed: Oct 5, 1989 | Docket: 1373904

Cited 9 times | Published

rules of exclusion. The first is exemplified by section 90.403, Florida Statutes, which renders inadmissible

State v. Weitz

500 So. 2d 657, 12 Fla. L. Weekly 104

District Court of Appeal of Florida | Filed: Dec 30, 1986 | Docket: 1689616

Cited 9 times | Published

regardless of what those test results show. [8] Section 90.403, Fla. Stat. (1985); Ehrhardt, § 403.1. [9]

Harris v. State

449 So. 2d 892

District Court of Appeal of Florida | Filed: Apr 11, 1984 | Docket: 1695647

Cited 9 times | Published

the test of "legal relevancy",[3] set out in Section 90.403, Florida Statutes, is to be applied: [P]roof

Westley v. State

416 So. 2d 18

District Court of Appeal of Florida | Filed: Jun 16, 1982 | Docket: 1655049

Cited 9 times | Published

in point is cited, appellant contends that Section 90.403, Florida Evidence Code, prohibits the "needless

Smith v. State

404 So. 2d 167

District Court of Appeal of Florida | Filed: Sep 29, 1981 | Docket: 1782317

Cited 9 times | Published

State, 385 So.2d 132 (Fla. 4th DCA 1980). While § 90.403, Florida Statutes, provides that relevant evidence

Victorino v. State

127 So. 3d 478, 2013 WL 5567079

Supreme Court of Florida | Filed: Oct 10, 2013 | Docket: 60236730

Cited 8 times | Published

played during the guilt phase on the basis of section 90.403, Florida Statutes (2006), which provided that

Agatheas v. State

77 So. 3d 1232, 36 Fla. L. Weekly Supp. 741, 2011 Fla. LEXIS 2880, 2011 WL 6220761

Supreme Court of Florida | Filed: Dec 15, 2011 | Docket: 60304655

Cited 8 times | Published

conducted the important balancing test under section 90.403, Florida Statutes, and determined that “any

City of Orlando v. Pineiro

66 So. 3d 1064, 2011 Fla. App. LEXIS 12266, 2011 WL 3359613

District Court of Appeal of Florida | Filed: Aug 5, 2011 | Docket: 2363235

Cited 8 times | Published

retrial, the trial court should, pursuant to section 90.403, determine whether the probative value of any

BDO Seidman, LLP v. Banco Espirito Santo International

38 So. 3d 874, 2010 Fla. App. LEXIS 9119, 2010 WL 2507051

District Court of Appeal of Florida | Filed: Jun 23, 2010 | Docket: 1658356

Cited 8 times | Published

judicial notice is also subject to analysis under section 90.403, Florida Statutes. See § 90.204, Fla. Stat

Samuels v. Torres

29 So. 3d 1193, 2010 Fla. App. LEXIS 3376, 2010 WL 837698

District Court of Appeal of Florida | Filed: Mar 12, 2010 | Docket: 1135292

Cited 8 times | Published

outweighed by the danger of unfair prejudice...." § 90.403, Fla. Stat. (2006).

State v. GAD

27 So. 3d 768, 2010 Fla. App. LEXIS 1444, 2010 WL 476690

District Court of Appeal of Florida | Filed: Feb 12, 2010 | Docket: 1664641

Cited 8 times | Published

the potential for unfair prejudice. "Under section 90.403, relevant evidence may be foreclosed where

Bartlett v. State

993 So. 2d 157, 2008 WL 4722492

District Court of Appeal of Florida | Filed: Oct 29, 2008 | Docket: 1516286

Cited 8 times | Published

confusion of issues, [or] misleading the jury." § 90.403, Fla. Stat. (2006). To the extent that the State

Mendez v. State

961 So. 2d 1088, 32 Fla. L. Weekly Fed. D 1793

District Court of Appeal of Florida | Filed: Jul 27, 2007 | Docket: 468659

Cited 8 times | Published

the danger of unfair prejudice, pursuant to section 90.403, Florida Statutes. Third, the court cautioned

Moore v. State, Florida Fish and Wildlife Conservation Com'n

861 So. 2d 1251, 2003 WL 22945735

District Court of Appeal of Florida | Filed: Dec 16, 2003 | Docket: 2508182

Cited 8 times | Published

evidence unless otherwise inadmissible under section 90.403, Florida Statutes. Because we find, as a matter

Billie v. State

863 So. 2d 323, 2003 WL 21749078

District Court of Appeal of Florida | Filed: Jul 30, 2003 | Docket: 1432231

Cited 8 times | Published

defendant's bad character, with nothing more. See § 90.403, Fla. Stat. (1997); see also Hebel v. State, 765

Wilchcombe v. State

842 So. 2d 198, 2003 WL 1563568

District Court of Appeal of Florida | Filed: Mar 26, 2003 | Docket: 1357604

Cited 8 times | Published

probative value outweighs any prejudicial effect. See § 90.403, Fla. Stat. (2000); Dennis v. State, 817 So.2d

Hendry v. Zelaya

841 So. 2d 572, 2003 WL 1239998

District Court of Appeal of Florida | Filed: Mar 19, 2003 | Docket: 2534316

Cited 8 times | Published

confusing to the jury can be excluded pursuant to section 90.403, Florida Statutes (2002). The trial court in

Maldonado v. Allstate Ins. Co.

789 So. 2d 464, 2001 Fla. App. LEXIS 9027, 2001 WL 726002

District Court of Appeal of Florida | Filed: Jun 29, 2001 | Docket: 43842

Cited 8 times | Published

illegal alien was improperly admitted under section 90.403, Florida Statutes (1993). The evidence and

Flores v. Miami-Dade County

787 So. 2d 955, 2001 Fla. App. LEXIS 8068, 26 Fla. L. Weekly Fed. D 1471

District Court of Appeal of Florida | Filed: Jun 13, 2001 | Docket: 1745004

Cited 8 times | Published

outweighed by the danger of unfair prejudice...." § 90.403, Fla. Stat. (1999). In ruling on the plaintiff's

James v. State

765 So. 2d 763, 2000 WL 815667

District Court of Appeal of Florida | Filed: Jun 26, 2000 | Docket: 428969

Cited 8 times | Published

used to attack credibility, the application of § 90.403 will frequently exclude attacks on the credibility

Diaz v. State

747 So. 2d 1021, 1999 WL 1144797

District Court of Appeal of Florida | Filed: Dec 15, 1999 | Docket: 1475247

Cited 8 times | Published

relevant, are subject to the balancing test of section 90.403, Florida Statutes (1997). Accordingly, if the

Reynolds v. State

660 So. 2d 778, 1995 WL 552353

District Court of Appeal of Florida | Filed: Sep 20, 1995 | Docket: 1657555

Cited 8 times | Published

objection, applied the balancing test required by section 90.403, Florida Statutes. That section, in part, provides:

Phillips v. State

591 So. 2d 987, 1991 WL 265073

District Court of Appeal of Florida | Filed: Dec 13, 1991 | Docket: 1528133

Cited 8 times | Published

defendant's involvement should be excluded [under section 90.403] since the undue prejudice would substantially

State v. Andres

552 So. 2d 1151, 1989 WL 133269

District Court of Appeal of Florida | Filed: Nov 7, 1989 | Docket: 1200773

Cited 8 times | Published

trial court's alternative ruling in reliance on section 90.403, Florida Statutes (1987), that the probative

State v. Andres

552 So. 2d 1151, 1989 WL 133269

District Court of Appeal of Florida | Filed: Nov 7, 1989 | Docket: 1200773

Cited 8 times | Published

trial court's alternative ruling in reliance on section 90.403, Florida Statutes (1987), that the probative

Johnson v. Florida Farm Bureau Cas. Ins. Co.

542 So. 2d 367, 1988 WL 2363

District Court of Appeal of Florida | Filed: Jan 20, 1988 | Docket: 468877

Cited 8 times | Published

out-weighed by the danger of unfair prejudice. See § 90.403, Fla. Stat. (1985). The admissibility of photographs

St. Paul Fire and Marine Ins. Co. v. Welsh

501 So. 2d 54, 12 Fla. L. Weekly 221

District Court of Appeal of Florida | Filed: Jan 7, 1987 | Docket: 1527656

Cited 8 times | Published

inflammatory and prejudicial and thus barred by section 90.403, Florida Statutes, because the probative value

Voynar v. Butler Mfg. Co.

463 So. 2d 409, 10 Fla. L. Weekly 269

District Court of Appeal of Florida | Filed: Jan 30, 1985 | Docket: 338925

Cited 8 times | Published

Another factor influencing our decision is Section 90.403, Florida Statutes, which comes into play in

Hampton v. State

103 So. 3d 98, 37 Fla. L. Weekly Supp. 499, 2012 Fla. LEXIS 2649, 2012 WL 6621371

Supreme Court of Florida | Filed: Jul 12, 2012 | Docket: 60227276

Cited 7 times | Published

Sexton v. State, 697 So.2d 833, 837 (Fla.1997) (“Section 90.403 does not bar the introduction of all evidence

Andrews v. State

82 So. 3d 979, 2011 Fla. App. LEXIS 12729, 2011 WL 3558148

District Court of Appeal of Florida | Filed: Aug 15, 2011 | Docket: 2415618

Cited 7 times | Published

trial on undue prejudice grounds pursuant to section 90.403, Florida Statutes (2008). As a result, he waived

Cole v. State

36 So. 3d 597, 35 Fla. L. Weekly Supp. 153, 2010 Fla. LEXIS 359, 2010 WL 813826

Supreme Court of Florida | Filed: Mar 11, 2010 | Docket: 2409190

Cited 7 times | Published

of unfair prejudice or misleading the jury. See § 90.403, Fla. Stat. (2007). Importantly, Cole does not

Fike v. State

4 So. 3d 734, 2009 Fla. App. LEXIS 3518, 2009 WL 485061

District Court of Appeal of Florida | Filed: Feb 27, 2009 | Docket: 1217055

Cited 7 times | Published

for unfair prejudice are also pertinent in a section 90.403 analysis. The trial court must determine whether

Berube v. State

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

outweighed by the danger of unfair prejudice. See § 90.403; Audano v. State, 641 So.2d 1356, 1359 (Fla. 2d

Donton v. State

1 So. 3d 1092, 2009 Fla. App. LEXIS 80, 2009 WL 36445

District Court of Appeal of Florida | Filed: Jan 8, 2009 | Docket: 1653439

Cited 7 times | Published

trial." McLean, 934 So.2d at 1261. Accordingly, section 90.403, Florida Statutes (2005), states in pertinent

Love v. State

971 So. 2d 280, 2008 WL 80223

District Court of Appeal of Florida | Filed: Jan 9, 2008 | Docket: 1731987

Cited 7 times | Published

substantially outweighed its probative value under section 90.403, Florida Statutes (2006). The court commented

Roebuck v. State

953 So. 2d 40, 2007 WL 934889

District Court of Appeal of Florida | Filed: Mar 30, 2007 | Docket: 1315199

Cited 7 times | Published

finding of a due process violation. In Florida, section 90.403, Florida Statutes (2004), authorizes the exclusion

Hildwin v. State

951 So. 2d 784, 2006 WL 3629859

Supreme Court of Florida | Filed: Dec 14, 2006 | Docket: 104

Cited 7 times | Published

confusion of issues, justifying exclusion under section 90.403. For each of the reasons discussed, the trial

McCall v. State

941 So. 2d 1280, 2006 WL 3373036

District Court of Appeal of Florida | Filed: Nov 22, 2006 | Docket: 431640

Cited 7 times | Published

outweighed by the danger of unfair prejudice. § 90.403, Fla. Stat. (2005). In the instant case, the facts

Elysee v. State

920 So. 2d 1205, 2006 WL 348862

District Court of Appeal of Florida | Filed: Feb 15, 2006 | Docket: 1730657

Cited 7 times | Published

circumstances, outweigh its probative value. *1209 § 90.403, Fla. Stat. (2003). That argument was not raised

State v. Richman

861 So. 2d 1195, 2003 WL 22899976

District Court of Appeal of Florida | Filed: Dec 10, 2003 | Docket: 1514112

Cited 7 times | Published

needless presentation of cumulative evidence," § 90.403. A requirement that similar fact evidence generally

MCI Exp., Inc. v. Ford Motor Co.

832 So. 2d 795, 2002 WL 31159439

District Court of Appeal of Florida | Filed: Sep 30, 2002 | Docket: 1700041

Cited 7 times | Published

result from having the jury hear them. Fla. Stat. § 90.403 (2000); see State v. Gaiter, 616 So.2d 1132, 1133

CW v. Department of Children and Families

814 So. 2d 488, 2002 WL 529897

District Court of Appeal of Florida | Filed: Apr 10, 2002 | Docket: 1368824

Cited 7 times | Published

videotapes were inadmissible as evidence pursuant to section 90.403, Florida Statutes (2000), (iv) the trial court

Lopez v. State

716 So. 2d 301, 1998 WL 422142

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 424778

Cited 7 times | Published

threats is, of course, subject to exclusion under section 90.403, Florida Statutes, if the probative value is

Blair v. State

667 So. 2d 834, 1996 WL 6544

District Court of Appeal of Florida | Filed: Jan 10, 1996 | Docket: 1511528

Cited 7 times | Published

needless presentation of cumulative evidence. § 90.403, Fla.Stat. (1993). The state contends that the

State v. Osvath

661 So. 2d 1252, 1995 WL 621753

District Court of Appeal of Florida | Filed: Oct 25, 1995 | Docket: 1526497

Cited 7 times | Published

thereby making such statements inadmissible under Section 90.403, Florida Statutes (1993). (R.13). The sole

Garcia v. State

659 So. 2d 388, 1995 WL 421258

District Court of Appeal of Florida | Filed: Jul 19, 1995 | Docket: 1747976

Cited 7 times | Published

and reliability. He also asserted that under section 90.403, Florida Statutes (1991), their probative value

Hernandez v. State

569 So. 2d 857, 1990 WL 172818

District Court of Appeal of Florida | Filed: Nov 7, 1990 | Docket: 1660589

Cited 7 times | Published

testimony outweighed its prejudicial effect. See § 90.403, Fla. Stat. (1989). "[R]elevant evidence will

Jenkins v. State

533 So. 2d 297, 1988 WL 113834

District Court of Appeal of Florida | Filed: Oct 28, 1988 | Docket: 1232398

Cited 7 times | Published

of issues, and the misleading of the jury. Section 90.403, Florida Statutes. Reversible error was also

Shorter v. State

532 So. 2d 1110, 1988 WL 107041

District Court of Appeal of Florida | Filed: Oct 18, 1988 | Docket: 1510235

Cited 7 times | Published

quashed in part, 419 So.2d 1088 (Fla. 1982); § 90.403, Fla. Stat. (1987). Lastly, we conclude that the

Bauer v. State

528 So. 2d 6, 1988 WL 48986

District Court of Appeal of Florida | Filed: May 18, 1988 | Docket: 1367121

Cited 7 times | Published

The trial judge did just that in this case. See § 90.403, Fla. Stat. (1985). Furthermore, because I conclude

Herbert v. State

526 So. 2d 709, 1988 WL 44382

District Court of Appeal of Florida | Filed: May 11, 1988 | Docket: 1679733

Cited 7 times | Published

addition, we agree with appellant's objection on section 90.403 grounds; i.e., that the prejudicial effect

Heuring v. State

495 So. 2d 893, 11 Fla. L. Weekly 2144

District Court of Appeal of Florida | Filed: Oct 13, 1986 | Docket: 1730870

Cited 7 times | Published

and may be sidestepping the proscription of section 90.403, Florida Evidence Code, under which relevant

Trend Coin Co. v. Honeywell, Inc.

487 So. 2d 1029, 11 Fla. L. Weekly 75

Supreme Court of Florida | Filed: Feb 27, 1986 | Docket: 1796704

Cited 7 times | Published

evidence was excluded. The judge relied upon section 90.403, Florida Statutes, which provides as follows:

Simons v. Jorg

384 So. 2d 1362

District Court of Appeal of Florida | Filed: Jul 2, 1980 | Docket: 1269713

Cited 7 times | Published

substantially outweighed by unfair prejudice. § 90.403, Fla. Stat. (1979). Based on Dr. Davis' uncontradicted

Smith v. State

126 So. 3d 1038, 2013 WL 5312085

Supreme Court of Florida | Filed: Sep 12, 2013 | Docket: 60236167

Cited 6 times | Published

outweighed by the danger of unfair prejudice.” § 90.403, Fla. Stat. (2006). In this case, Agent Uebelacker

King v. State

89 So. 3d 209, 37 Fla. L. Weekly Supp. 103, 2012 WL 399863, 2012 Fla. LEXIS 302

Supreme Court of Florida | Filed: Feb 9, 2012 | Docket: 60308731

Cited 6 times | Published

Williams v. State, 110 So.2d 654, 658 (Fla.1959)). Section 90.403, Florida Statutes (2007), provides that “[r]elevant

Johnson v. State

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

needless presentation of cumulative evidence." § 90.403, Fla. Stat. (2008). Here, Vega's testimony was

Johnson v. State

40 So. 3d 883, 2010 Fla. App. LEXIS 10570, 2010 WL 2882467

District Court of Appeal of Florida | Filed: Jul 21, 2010 | Docket: 1219254

Cited 6 times | Published

State, 697 So.2d 833, 837 (Fla.1997)). Under section 90.403, Florida Statutes (2008), even if evidence

Green v. State

27 So. 3d 731, 2010 Fla. App. LEXIS 1349, 2010 WL 446499

District Court of Appeal of Florida | Filed: Feb 10, 2010 | Docket: 555260

Cited 6 times | Published

the danger of confusion or unfair prejudice. See § 90.403. In conducting this weighing process, the trial

Easterly v. State

22 So. 3d 807, 2009 Fla. App. LEXIS 17542, 2009 WL 4030817

District Court of Appeal of Florida | Filed: Nov 24, 2009 | Docket: 1639734

Cited 6 times | Published

is subject to relevancy requirements and the section 90.403 balancing test. McLean, 934 So.2d at 1259.

Salas v. State

972 So. 2d 941, 2007 WL 4352749

District Court of Appeal of Florida | Filed: Dec 14, 2007 | Docket: 1650696

Cited 6 times | Published

Further, such evidence was not unduly prejudicial. § 90.403, Fla. Stat. Even if admission of this evidence

Ford Motor Co. v. Hall-Edwards

971 So. 2d 854, 2007 WL 3274404

District Court of Appeal of Florida | Filed: Nov 7, 2007 | Docket: 1446559

Cited 6 times | Published

to prove or disprove a material fact. [4] Section 90.403, Florida Statutes (1997), states, in pertinent

Rowley v. State

939 So. 2d 298, 2006 WL 2956514

District Court of Appeal of Florida | Filed: Oct 18, 2006 | Docket: 2533136

Cited 6 times | Published

Florida Statute of doubtful bearing, namely section 90.403.[4] In Pardo v. State, 596 So.2d 665 (Fla.

Mims v. State

872 So. 2d 453, 2004 WL 1102825

District Court of Appeal of Florida | Filed: May 19, 2004 | Docket: 1357308

Cited 6 times | Published

to prove bad character or propensity. Under section 90.403, "[r]elevant evidence is inadmissible if its

Smith v. State

683 So. 2d 577, 1996 WL 648296

District Court of Appeal of Florida | Filed: Nov 8, 1996 | Docket: 276474

Cited 6 times | Published

probative value outweighed the prejudicial effect. § 90.403, Fla. Stat. (1995). The defense also argues that

Hadden v. State

670 So. 2d 77, 1996 WL 61135

District Court of Appeal of Florida | Filed: Feb 20, 1996 | Docket: 1245758

Cited 6 times | Published

evidence is deemed admissible unless, pursuant to section 90.403, it should be excluded on grounds of prejudice

Denmark v. State

646 So. 2d 754, 1994 WL 551527

District Court of Appeal of Florida | Filed: Oct 12, 1994 | Docket: 1405323

Cited 6 times | Published

jury, and it should have been excluded under section 90.403, Florida Statutes (1991).[5]Jenkins v. State

State v. Richardson

621 So. 2d 752, 1993 WL 242584

District Court of Appeal of Florida | Filed: Jul 2, 1993 | Docket: 1265261

Cited 6 times | Published

1022, 102 S.Ct. 556, 70 L.Ed.2d 418 (1981). See § 90.403, Fla. Stat. (1991). Because evidence of collateral

Armesto v. Weidner

615 So. 2d 707, 1992 WL 367329

District Court of Appeal of Florida | Filed: Dec 15, 1992 | Docket: 1185411

Cited 6 times | Published

investigation, outweighed the danger of unfair prejudice. § 90.403, Fla. Stat. (1991). For the foregoing reasons

Love v. Garcia

611 So. 2d 1270, 1992 WL 361265

District Court of Appeal of Florida | Filed: Dec 9, 1992 | Docket: 1757281

Cited 6 times | Published

overcome by prejudice to the pedestrian. FEC section 90.403 authorizes the trial judge to exclude concededly

Johnson v. State

595 So. 2d 132, 1992 WL 25819

District Court of Appeal of Florida | Filed: Feb 13, 1992 | Docket: 1709138

Cited 6 times | Published

inadmissible if it is not legally relevant." Section 90.403 sets forth the test for legal relevance, providing

School Bd. of Orange County v. Coffey

524 So. 2d 1052, 13 Fla. L. Weekly 899, 1988 Fla. App. LEXIS 1357, 1988 WL 29175

District Court of Appeal of Florida | Filed: Apr 7, 1988 | Docket: 1701422

Cited 6 times | Published

her knowledge of such incestuous relations. See § 90.403, Fla. Stat. (4) The trial judge did not abuse

Khadafy Kareem Mullens v. State of Florida

197 So. 3d 16, 41 Fla. L. Weekly Supp. 279, 2016 Fla. LEXIS 1255, 2016 WL 3348429

Supreme Court of Florida | Filed: Jun 16, 2016 | Docket: 3079195

Cited 5 times | Published

defendants the right to a fair trial. See, e.g., § 90.403, Fla. Stat. (2008) (excluding relevant but unduly

State of Florida v. Donna Horwitz

191 So. 3d 429, 41 Fla. L. Weekly Supp. 211, 2016 WL 2586307, 2016 Fla. LEXIS 955

Supreme Court of Florida | Filed: May 5, 2016 | Docket: 3061089

Cited 5 times | Published

the danger of unfair prejudice” pursuant to section .90.403, Florida Statutes (2013). We therefore, approve

Carlisle v. State

137 So. 3d 479, 2014 WL 1225200, 2014 Fla. App. LEXIS 4362

District Court of Appeal of Florida | Filed: Mar 26, 2014 | Docket: 60240329

Cited 5 times | Published

factor. . Florida’s equivalent is found in section 90.403, Florida Statutes (2007).

Jackson v. State

127 So. 3d 447, 2013 WL 5269865

Supreme Court of Florida | Filed: Sep 19, 2013 | Docket: 60236727

Cited 5 times | Published

the relevant section of our evidence code. See § 90.403, Fla. Stat. (2005) (“Relevant evidence is inadmissible

Gartner v. State

118 So. 3d 273, 2013 WL 3834368, 2013 Fla. App. LEXIS 11726

District Court of Appeal of Florida | Filed: Jul 26, 2013 | Docket: 60233158

Cited 5 times | Published

needless presentation of cumulative evidence.” Id. § 90.403; see also Delhall v. State, 95 So.3d 134, 155

Benjamin v. Tandem Healthcare, Inc.

93 So. 3d 1076, 2012 WL 2400880, 2012 Fla. App. LEXIS 10488

District Court of Appeal of Florida | Filed: Jun 27, 2012 | Docket: 60310426

Cited 5 times | Published

court’s additional gatekeeping function under section 90.403 as “critical” with respect to admission of

Harden v. State

87 So. 3d 1243, 2012 WL 1859267, 2012 Fla. App. LEXIS 8258

District Court of Appeal of Florida | Filed: May 23, 2012 | Docket: 60307907

Cited 5 times | Published

needless presentation of cumulative evidence.” § 90.403, Fla. Stat. (2009). Similar fact evidence of collateral

State Farm Mutual Automobile Insurance Co. v. Bowling

81 So. 3d 538, 2012 Fla. App. LEXIS 1947, 2012 WL 413809

District Court of Appeal of Florida | Filed: Feb 10, 2012 | Docket: 333452

Cited 5 times | Published

prejudi-cially outweigh any probative value under section 90.403. Here, State Farm wanted to use Ms. Pacha’s

Thompson v. State

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

outweighed by the danger of unfair prejudice. § 90.403, Fla. Stat.; LaMarca v. State, 785 So.2d 1209

Special v. Baux

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

material fact.” § 90.401, Fla. Stat. (2009). Section 90.403, Florida Statutes (2009), establishes a limitation

Battle v. State

19 So. 3d 1045, 2009 Fla. App. LEXIS 14520, 2009 WL 3103888

District Court of Appeal of Florida | Filed: Sep 30, 2009 | Docket: 1651513

Cited 5 times | Published

by unfair prejudice to the defendant." Id.; see § 90.403, Fla. Stat. (2007). The danger of prejudice increases

Battle v. State

19 So. 3d 1045, 2009 Fla. App. LEXIS 14520, 2009 WL 3103888

District Court of Appeal of Florida | Filed: Sep 30, 2009 | Docket: 1651513

Cited 5 times | Published

by unfair prejudice to the defendant." Id.; see § 90.403, Fla. Stat. (2007). The danger of prejudice increases

Samuels v. State

11 So. 3d 413, 2009 Fla. App. LEXIS 4468, 2009 WL 1311013

District Court of Appeal of Florida | Filed: May 13, 2009 | Docket: 1656876

Cited 5 times | Published

needless presentation of cumulative evidence." § 90.403, Fla. Stat. (2006). The trial court correctly

Seavey v. State

8 So. 3d 1175, 2009 Fla. App. LEXIS 3209, 2009 WL 996821

District Court of Appeal of Florida | Filed: Apr 15, 2009 | Docket: 1654397

Cited 5 times | Published

that is relevant may also be excluded under section 90.403 "if its probative value is substantially outweighed

Jomolla v. State

990 So. 2d 1234, 2008 WL 4329928

District Court of Appeal of Florida | Filed: Sep 24, 2008 | Docket: 1688263

Cited 5 times | Published

danger of unfair prejudice, it is inadmissible. § 90.403, Fla. Stat. (2002). "`Where a trial court has

Conner v. State

987 So. 2d 130, 33 Fla. L. Weekly Fed. D 1754

District Court of Appeal of Florida | Filed: Jul 11, 2008 | Docket: 1394813

Cited 5 times | Published

and therefore it was also inadmissible under section 90.403, Florida Statutes (2004). In response, the

Olsten Health Services, Inc. v. Cody

979 So. 2d 1221, 2008 WL 1883565

District Court of Appeal of Florida | Filed: Apr 30, 2008 | Docket: 1714134

Cited 5 times | Published

discretion by admitting them into evidence. See § 90.403, Fla. Stat. (2006) ("Relevant evidence is inadmissible

McKenney v. State

967 So. 2d 951, 2007 WL 2847888

District Court of Appeal of Florida | Filed: Oct 3, 2007 | Docket: 1733652

Cited 5 times | Published

substantially outweighed any probative value. § 90.403, Fla. Stat. (2004). The trial court is afforded

State v. Moninger

957 So. 2d 2, 2007 WL 28249

District Court of Appeal of Florida | Filed: Jan 5, 2007 | Docket: 1679428

Cited 5 times | Published

be out-weighed by their prejudicial effect. See § 90.403, Fla. Stat. (2004). Thus, the evidence that has

Childers v. State

936 So. 2d 619, 2006 WL 2620273

District Court of Appeal of Florida | Filed: Jun 28, 2006 | Docket: 2527183

Cited 5 times | Published

irrelevant and therefore inadmissible under section 90.403. Florida law simply does not allow a jury to

Insko v. State

884 So. 2d 312, 2004 WL 1905755

District Court of Appeal of Florida | Filed: Aug 27, 2004 | Docket: 1281835

Cited 5 times | Published

outweighed any probative value it had in this case. See § 90.403, Fla. Stat. (2001). We reverse and remand for

Couzo v. State

830 So. 2d 177, 2002 WL 31355518

District Court of Appeal of Florida | Filed: Oct 16, 2002 | Docket: 471367

Cited 5 times | Published

abuse its discretion in making a ruling under section 90.403, Florida Statutes (2001). See Melendez v. State

Eastman v. Flor-Ohio, Ltd.

744 So. 2d 499, 1999 Fla. App. LEXIS 12414, 1999 WL 741164

District Court of Appeal of Florida | Filed: Sep 17, 1999 | Docket: 1381090

Cited 5 times | Published

outweighed by its potential prejudicial effect. See § 90.403, Fla. Stat. (1997). The trial court also specifically

Eastman v. Flor-Ohio, Ltd.

744 So. 2d 499, 1999 Fla. App. LEXIS 12414, 1999 WL 741164

District Court of Appeal of Florida | Filed: Sep 17, 1999 | Docket: 1381090

Cited 5 times | Published

outweighed by its potential prejudicial effect. See § 90.403, Fla. Stat. (1997). The trial court also specifically

Meyer v. Caruso

731 So. 2d 118, 1999 WL 235470

District Court of Appeal of Florida | Filed: Apr 21, 1999 | Docket: 1733808

Cited 5 times | Published

extent that it is helpful to the trier of fact. Section 90.403 adds a fourth test barring evidence that, although

Carrillo v. State

727 So. 2d 1047, 1999 WL 77245

District Court of Appeal of Florida | Filed: Feb 19, 1999 | Docket: 1729939

Cited 5 times | Published

not in anger, and not toward her. Pursuant to section 90.403, Florida Statutes (1995), relevant evidence

Parker v. Hoppock

695 So. 2d 424, 1997 WL 269063

District Court of Appeal of Florida | Filed: May 21, 1997 | Docket: 2574228

Cited 5 times | Published

that outweighs any marginal probative value. See § 90.403, Fla. Stat. (1995); Pincombe; Cook. In the current

Pierce v. State

671 So. 2d 186, 1996 WL 106372

District Court of Appeal of Florida | Filed: Mar 13, 1996 | Docket: 1248138

Cited 5 times | Published

evidence offered at trial; and (4) pursuant to section 90.403, Florida Statutes (1991), the evidence, although

Krawzak v. Government Emp. Ins. Co.

660 So. 2d 306

District Court of Appeal of Florida | Filed: Aug 23, 1995 | Docket: 1640099

Cited 5 times | Published

"needless presentation of cumulative evidence." § 90.403, Fla. Stat. (1993). The probative value of this

Usher v. State

642 So. 2d 29, 1994 WL 419074

District Court of Appeal of Florida | Filed: Aug 12, 1994 | Docket: 549844

Cited 5 times | Published

outweighed by the danger of unfair prejudice. § 90.403, Fla. Stat. (1991); see Jenkins v. State, 533

State v. Pardo

582 So. 2d 1225, 1991 WL 120781

District Court of Appeal of Florida | Filed: Jul 9, 1991 | Docket: 1716043

Cited 5 times | Published

other evidence, are subject to analysis under section 90.403, Florida Statutes (1989). Thus, the defendant

Lewis v. State

570 So. 2d 412, 1990 WL 181557

District Court of Appeal of Florida | Filed: Nov 21, 1990 | Docket: 472649

Cited 5 times | Published

relevant evidence may be inadmissible under section 90.403, "if its probative value is substantially outweighed

State v. Wells

538 So. 2d 1292, 1989 WL 9750

District Court of Appeal of Florida | Filed: Feb 10, 1989 | Docket: 472343

Cited 5 times | Published

DEPOSITION TESTIMONY WAS MERELY CUMULATIVE Section 90.403, Florida Statutes (1987) provides that "[r]elevant

Rico Johnson v. State of Florida

252 So. 3d 1114

Supreme Court of Florida | Filed: Sep 6, 2018 | Docket: 7813520

Cited 4 times | Published

on "prior special familiarity." See § 90.403, Fla. Stat. (2017). Not only are there significant

Quentin Marcus Truehill v. State of Florida

211 So. 3d 930, 42 Fla. L. Weekly Supp. 223, 2017 WL 727167, 2017 Fla. LEXIS 374

Supreme Court of Florida | Filed: Feb 23, 2017 | Docket: 4609129

Cited 4 times | Published

subject to exclusion under the balancing test of section 90.403, Florida Statutes (2010). Id. In establishing

Henderson v. State

135 So. 3d 472, 2014 Fla. App. LEXIS 4216, 2014 WL 1133309

District Court of Appeal of Florida | Filed: Mar 21, 2014 | Docket: 60239651

Cited 4 times | Published

The defense further objected on the basis of section 90.403, Florida Statutes (2010), and argued that even

OB/GYN Specialists of the Palm Beaches, P.A. v. Mejia

134 So. 3d 1084, 2014 WL 51896, 2014 Fla. App. LEXIS 148

District Court of Appeal of Florida | Filed: Jan 8, 2014 | Docket: 60239028

Cited 4 times | Published

consideration still was not an abuse of discretion. Section 90.403, Florida Statutes, renders otherwise relevant

Swanson v. Robles

128 So. 3d 915, 2013 WL 6691122, 2013 Fla. App. LEXIS 20109

District Court of Appeal of Florida | Filed: Dec 20, 2013 | Docket: 60237214

Cited 4 times | Published

outweighed by the danger of unfair prejudice.” § 90.403. When a defendant admits liability in an automobile

Guerrero v. State

125 So. 3d 811, 2013 WL 950033, 2013 Fla. App. LEXIS 3959

District Court of Appeal of Florida | Filed: Mar 13, 2013 | Docket: 60236077

Cited 4 times | Published

substantially outweigh any probative value. See § 90.403, Fla. Stat. (1995). [748 So.2d at 1023] .... Moreover

Petruschke v. State

125 So. 3d 274, 2013 WL 811616, 2013 Fla. App. LEXIS 3540

District Court of Appeal of Florida | Filed: Mar 6, 2013 | Docket: 60235816

Cited 4 times | Published

needless presentation of cumulative evidence.” § 90.403, Fla. Stat. (2010). “In weighing the probative

Partin v. State

82 So. 3d 31, 36 Fla. L. Weekly Supp. 705, 2011 Fla. LEXIS 2796, 2011 WL 5984445

Supreme Court of Florida | Filed: Dec 1, 2011 | Docket: 60306206

Cited 4 times | Published

outweighed by the danger of unfair prejudice.” § 90.403, Fla. Stat. (2002). This assessment of relative

Downs v. State

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

relevant, not all relevant evidence is admissible; section 90.403 mandates that "[r]elevant evidence is inadmissible

Carter v. State

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

material fact." § 90.401, Fla. Stat. (2007). Section 90.403, Florida Statutes (2007), establishes a limitation

SHREITEH v. State

987 So. 2d 761, 2008 WL 2744309

District Court of Appeal of Florida | Filed: Jul 16, 2008 | Docket: 1723745

Cited 4 times | Published

the detective about the police reports. See also § 90.403, Fla. Stat. (2007). We also note that the attempt

White v. State

971 So. 2d 972, 2008 WL 36620

District Court of Appeal of Florida | Filed: Jan 2, 2008 | Docket: 2549389

Cited 4 times | Published

outweighed by the danger of unfair prejudice." § 90.403, Fla. Stat. (2006); Dean, 690 So.2d at 723. "[E]very

Fiore v. State

967 So. 2d 995, 2007 WL 3118863

District Court of Appeal of Florida | Filed: Oct 26, 2007 | Docket: 1733549

Cited 4 times | Published

appropriate weighing of the evidence required by section 90.403. See McLean v. State, 934 So.2d 1248, 1258

Foreman v. State

965 So. 2d 1171, 2007 WL 2317302

District Court of Appeal of Florida | Filed: Aug 15, 2007 | Docket: 99871

Cited 4 times | Published

State, 934 So.2d 1248, 1259 (Fla.2006) (quoting § 90.403). To be admissible under this section, the challenged

Foreman v. State

965 So. 2d 1171, 2007 WL 2317302

District Court of Appeal of Florida | Filed: Aug 15, 2007 | Docket: 99871

Cited 4 times | Published

State, 934 So.2d 1248, 1259 (Fla.2006) (quoting § 90.403). To be admissible under this section, the challenged

Moore v. State

943 So. 2d 296, 2006 WL 3486812

District Court of Appeal of Florida | Filed: Dec 5, 2006 | Docket: 1526868

Cited 4 times | Published

still subject to the relevancy requirements of section 90.403, Florida Statutes. See McLean v. State, 934

Shaw v. Jain

914 So. 2d 458, 2005 WL 2662548

District Court of Appeal of Florida | Filed: Oct 20, 2005 | Docket: 1767843

Cited 4 times | Published

is more prejudicial than probative," citing section 90.403 of the Florida Evidence Code. The trial court

Powell v. State

908 So. 2d 1185, 2005 WL 2045447

District Court of Appeal of Florida | Filed: Aug 26, 2005 | Docket: 2544851

Cited 4 times | Published

outweighed by the danger of unfair prejudice. § 90.403. Here, the purported relevance of Ms. Powell's

MacKerley v. State

900 So. 2d 662, 2005 WL 767041

District Court of Appeal of Florida | Filed: Apr 6, 2005 | Docket: 1514219

Cited 4 times | Published

prejudice, confusion, or misleading the jury. § 90.403, Fla. Stat. (2003). In this case, however, we

Pryor v. State

855 So. 2d 134, 2003 WL 21910136

District Court of Appeal of Florida | Filed: Aug 12, 2003 | Docket: 1548055

Cited 4 times | Published

our Supreme Court through the provisions of section 90.403, Florida Statutes. See Riechmann v. State,

Citrus County v. McQuillin

840 So. 2d 343, 2003 WL 365944

District Court of Appeal of Florida | Filed: Feb 21, 2003 | Docket: 1748210

Cited 4 times | Published

the County argues it was unduly inflammatory. § 90.403, Fla. Stat. As we have said before, the admission

HUMANA HEALTH INS. CO. OF FLA. INC. v. Chipps

802 So. 2d 492, 2001 WL 1643915

District Court of Appeal of Florida | Filed: Dec 26, 2001 | Docket: 1332648

Cited 4 times | Published

appeal overtly to the sympathy of the jurors. See § 90.403, Fla. Stat. (1999).

Sosa-Valdez v. State

785 So. 2d 633, 2001 WL 454694

District Court of Appeal of Florida | Filed: May 2, 2001 | Docket: 450144

Cited 4 times | Published

testimony is precluded on the authority of section 90.403, Florida Statutes (1997), which excludes relevant

County of Volusia v. Kemp

764 So. 2d 770, 2000 WL 966051

District Court of Appeal of Florida | Filed: Jul 14, 2000 | Docket: 470354

Cited 4 times | Published

outweighed by the danger of unfair prejudice. See § 90.403, Fla. Stat. (1999); Zecchino v. State, 691 So

Beckett v. State

730 So. 2d 809, 1999 WL 188068

District Court of Appeal of Florida | Filed: Apr 7, 1999 | Docket: 1645783

Cited 4 times | Published

needless presentation of cumulative evidence. See § 90.403, Fla. Stat. (1997). Generally, "evidence of wrongdoing

Gerber v. Iyengar

725 So. 2d 1181, 1998 WL 889105

District Court of Appeal of Florida | Filed: Dec 23, 1998 | Docket: 1293937

Cited 4 times | Published

discretion in excluding this evidence under section 90.403, Florida Statutes (1997), in that its probative

Nichols v. Benton

718 So. 2d 925, 1998 WL 681331

District Court of Appeal of Florida | Filed: Oct 5, 1998 | Docket: 466363

Cited 4 times | Published

needless presentation of cumulative evidence...." See § 90.403, Fla. Stat. (1993). The statute requires the trial

State v. Tagner

673 So. 2d 57, 1996 WL 120420

District Court of Appeal of Florida | Filed: Mar 20, 1996 | Docket: 1245648

Cited 4 times | Published

outweighed by the danger of unfair prejudice. See § 90.403, Fla.Stat. (1995). The state charged defendant

Barrett v. State

605 So. 2d 560, 1992 WL 235359

District Court of Appeal of Florida | Filed: Sep 23, 1992 | Docket: 1702171

Cited 4 times | Published

testimony would still be inadmissible based on section 90.403, Florida Statutes (1991): "Relevant evidence

Story v. State

589 So. 2d 939, 1991 WL 203102

District Court of Appeal of Florida | Filed: Oct 9, 1991 | Docket: 2520629

Cited 4 times | Published

needless presentation of cumulative evidence." § 90.403, Fla. Stat. (1985). In making this determination

Jackson v. State

538 So. 2d 533, 1989 WL 11604

District Court of Appeal of Florida | Filed: Feb 16, 1989 | Docket: 472360

Cited 4 times | Published

prejudical evidence" exclusionary rule codified in section 90.403, Florida Statutes. It is not yet so clear that

Murray v. Almaden Vineyards, Inc.

429 So. 2d 24

District Court of Appeal of Florida | Filed: Feb 4, 1983 | Docket: 1667542

Cited 4 times | Published

was unfairly prejudicial within the terms of section 90.403, Florida Statutes (1981). The same contention

MARK GORDON ANDERSON v. STATE OF FLORIDA

229 So. 3d 383

District Court of Appeal of Florida | Filed: Oct 18, 2017 | Docket: 6171807

Cited 3 times | Published

a detective. Appellant contends that under section 90.403, Florida Statutes, the prejudicial impact of

Beckman v. State

230 So. 3d 77

District Court of Appeal of Florida | Filed: Sep 6, 2017 | Docket: 6148142

Cited 3 times | Published

of cumulative evidence,” Id. at 1212 (quoting § 90.403, Fla. Stat.). This Court reviews the trial court’s

Scott v. State

211 So. 3d 294, 2017 WL 514370, 2017 Fla. App. LEXIS 1538

District Court of Appeal of Florida | Filed: Feb 8, 2017 | Docket: 60262573

Cited 3 times | Published

outweighed by any prejudice to appellant. See § 90.403, Fla. Stat. (2014); Johnson v. State, 112 So.3d

Arizona Chemical Co. v. Mohawk Industries, Inc.

193 So. 3d 95, 2016 WL 2941121, 2016 Fla. App. LEXIS 7804

District Court of Appeal of Florida | Filed: May 20, 2016 | Docket: 60255729

Cited 3 times | Published

though relevant, evidence is inadmissible under, section 90.403, Florida Statutes (2013), “if its probative

Johnson v. State

93 So. 3d 1066, 2012 WL 2327768, 2012 Fla. App. LEXIS 9936

District Court of Appeal of Florida | Filed: Jun 20, 2012 | Docket: 60310422

Cited 3 times | Published

was irrelevant and unduly prejudicial under section 90.403, Florida Statutes (2010). Photographs of the

Metayer v. State

89 So. 3d 1003, 2012 WL 1859142, 2012 Fla. App. LEXIS 8253

District Court of Appeal of Florida | Filed: May 23, 2012 | Docket: 60308476

Cited 3 times | Published

needless presentation of cumulative evidence.” § 90.403, Fla. Stat. (2009). It is well-settled that in

Williams v. State

70 So. 3d 726, 2011 Fla. App. LEXIS 14947, 2011 WL 4374283

District Court of Appeal of Florida | Filed: Sep 21, 2011 | Docket: 2356421

Cited 3 times | Published

substantially outweighed by their prejudicial effect. See § 90.403, Fla. Stat. (2007). The photographs showed advanced

Odeh v. State

82 So. 3d 915, 2011 WL 2694434

District Court of Appeal of Florida | Filed: Jul 18, 2011 | Docket: 60306294

Cited 3 times | Published

interrogation is unfairly prejudicial under [F.S. Section] 90.403.” Id. at 1112. We concluded that an interrogating

BENITEZ-SALDANA v. State

67 So. 3d 320, 2011 Fla. App. LEXIS 9616, 2011 WL 2462964

District Court of Appeal of Florida | Filed: Jun 22, 2011 | Docket: 2363062

Cited 3 times | Published

telephone call more prejudicial than probative. See § 90.403, Fla. Stat. (2007); Brown v. State, 719 So.2d

Citizens Property Insurance Corp. v. Hamilton

43 So. 3d 746, 2010 Fla. App. LEXIS 9885, 2010 WL 2671808

District Court of Appeal of Florida | Filed: Jul 7, 2010 | Docket: 60295468

Cited 3 times | Published

not raise the specter of “unfair prejudice.” See § 90.403, Fla. Stat. (2009). We would rarely disturb an

Downs v. State

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

404(2)(b), like all evidence, is subject to a section 90.403 analysis for the danger of unfair prejudice

Childers v. Floyd

625 F.3d 1319

Court of Appeals for the Eleventh Circuit | Filed: Jun 8, 2010 | Docket: 1544438

Cited 3 times | Published

because, among other reasons, under Fla. Stat. § 90.403, "the prejudice would outweigh any probative value

TORRES-MATMOROS v. State

34 So. 3d 83, 2010 Fla. App. LEXIS 4512, 2010 WL 1329962

District Court of Appeal of Florida | Filed: Apr 7, 2010 | Docket: 2410188

Cited 3 times | Published

irrelevant, prejudicial evidence in violation of section 90.403 of the Florida Statutes. Finding no reversible

Bass v. State

35 So. 3d 43, 2010 Fla. App. LEXIS 4180, 2010 WL 1347319

District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 1646187

Cited 3 times | Published

statements were nevertheless inadmissible under section 90.403, Florida Statutes.[2] After a thorough review

Parker v. State

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

needless presentation of cumulative evidence. See § 90.403, Fla. Stat. (2008). In Dorsett v. State, 944 So

Corson v. State

9 So. 3d 765, 2009 Fla. App. LEXIS 6037, 2009 WL 1456733

District Court of Appeal of Florida | Filed: May 27, 2009 | Docket: 1667266

Cited 3 times | Published

substantially outweighed its probative value. See § 90.403; McLean v. State, 934 So.2d 1248 (Fla.2006). At

Rutledge v. State

1 So. 3d 1122, 2009 Fla. App. LEXIS 339, 2009 WL 127784

District Court of Appeal of Florida | Filed: Jan 21, 2009 | Docket: 1653978

Cited 3 times | Published

conduct a thorough balancing test pursuant to section 90.403, Florida Statutes (2005), before admitting

Estrich v. State

995 So. 2d 613, 2008 WL 4998757

District Court of Appeal of Florida | Filed: Nov 26, 2008 | Docket: 1684332

Cited 3 times | Published

confusion of issues, [or] misleading the jury." § 90.403, Fla. Stat. (2007). The heart of the state's case

Thomas v. State

959 So. 2d 427, 2007 WL 1828367

District Court of Appeal of Florida | Filed: Jun 27, 2007 | Docket: 528140

Cited 3 times | Published

have had, thus calling for its exclusion. See § 90.403; Henry, 574 So.2d at 75. Because there was evidence

Cann v. State

958 So. 2d 545, 2007 WL 1687573

District Court of Appeal of Florida | Filed: Jun 13, 2007 | Docket: 1734967

Cited 3 times | Published

404(2)(b) constitutional and reconciled it with section 90.403 which requires the court to weigh the probative

Coverdale v. State

940 So. 2d 558, 2006 WL 3040291

District Court of Appeal of Florida | Filed: Oct 27, 2006 | Docket: 1157901

Cited 3 times | Published

State, 533 So.2d 744, 746 (Fla.1988); see also § 90.403 ("Relevant evidence is inadmissible if its probative

Saffold v. State

911 So. 2d 255, 2005 WL 2373438

District Court of Appeal of Florida | Filed: Sep 28, 2005 | Docket: 1500730

Cited 3 times | Published

that the evidence should be excluded under section 90.403, Florida Statutes. Finally, if there had been

Lebron v. State

894 So. 2d 849, 2005 WL 67026

Supreme Court of Florida | Filed: Jan 13, 2005 | Docket: 1767705

Cited 3 times | Published

effect. See Rhodes, 547 So.2d at 1205; see also § 90.403, Fla. Stat. (2002) ("Relevant evidence is inadmissible

Reed v. State

883 So. 2d 387, 2004 WL 2171507

District Court of Appeal of Florida | Filed: Sep 29, 2004 | Docket: 1718274

Cited 3 times | Published

cumulative evidence," the evidence is inadmissible. § 90.403, Fla. Stat. (2001). When ruling on the motion

State v. Blackwell

787 So. 2d 963, 2001 WL 690443

District Court of Appeal of Florida | Filed: Jun 21, 2001 | Docket: 1495961

Cited 3 times | Published

prejudicial effect of the evidence pursuant to Section 90.403, Florida Statutes." The judge focused upon

Robertson v. State

780 So. 2d 106, 2001 WL 293156

District Court of Appeal of Florida | Filed: Mar 28, 2001 | Docket: 1708605

Cited 3 times | Published

thereby rendering such evidence admissible. See § 90.403, Fla. Stat. (1997); Rodriguez v. State, 753 So

Millien v. State

766 So. 2d 475, 2000 WL 1345946

District Court of Appeal of Florida | Filed: Sep 20, 2000 | Docket: 1329415

Cited 3 times | Published

unnecessary, cumulative, and repetitive testimony. See § 90.403, Fla. Stat. Vannier is distinguishable from the

State v. Johnston

743 So. 2d 22, 1999 WL 149737

District Court of Appeal of Florida | Filed: Mar 12, 1999 | Docket: 1670104

Cited 3 times | Published

prejudicial effect outweighs its probative value. See § 90.403, Fla. Stat. (1997). The State does not argue that

Porter v. State

715 So. 2d 1018, 1998 WL 406050

District Court of Appeal of Florida | Filed: Jul 22, 1998 | Docket: 1717181

Cited 3 times | Published

wife's statement: "He's trying to kill me." Section 90.403, Florida Statutes (1995), states in part: "Relevant

Collins v. State

698 So. 2d 1337, 1997 WL 564209

District Court of Appeal of Florida | Filed: Sep 12, 1997 | Docket: 1524249

Cited 3 times | Published

used to attack credibility, the application of § 90.403 will frequently exclude attacks on the credibility

Jenkins v. State

697 So. 2d 228, 1997 WL 423443

District Court of Appeal of Florida | Filed: Jul 30, 1997 | Docket: 1777163

Cited 3 times | Published

is still subject to Florida Rule of Evidence section 90.403, and may be excluded in a particular case if

Zecchino v. State

691 So. 2d 1197, 1997 WL 194717

District Court of Appeal of Florida | Filed: Apr 23, 1997 | Docket: 1423836

Cited 3 times | Published

such testimony is precluded on the basis of section 90.403 ["Exclusion on Grounds of Prejudice or Confusion"]

Florida Drum Co. v. Thompson

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

evidence is admissible, except as provided by law." § 90.403 provides, in relevant part: "Relevant evidence

Griner v. State

662 So. 2d 758, 1995 WL 675374

District Court of Appeal of Florida | Filed: Nov 15, 1995 | Docket: 1282873

Cited 3 times | Published

defendant against the relevancy of the evidence. § 90.403, Fla. Stat. (1993); and Gorham v. State, 454 So

State v. O'BRIEN

633 So. 2d 96, 1994 WL 63319

District Court of Appeal of Florida | Filed: Mar 2, 1994 | Docket: 1296713

Cited 3 times | Published

the additional finding, in conformity with section 90.403, Florida Statutes, that the probative value

Morowitz v. Vistaview Apartments, Ltd.

613 So. 2d 493, 1993 Fla. App. LEXIS 10, 1993 WL 881

District Court of Appeal of Florida | Filed: Jan 5, 1993 | Docket: 271778

Cited 3 times | Published

outweighed by the danger of unfair prejudice. § 90.403, Fla. Stat. (1991); State v. *495 McClain, 525

Anderson v. State

598 So. 2d 276, 1992 WL 98548

District Court of Appeal of Florida | Filed: May 13, 1992 | Docket: 1472141

Cited 3 times | Published

however, the trial court's failure to conduct a section 90.403 analysis of the hearsay testimony is not preserved

Carr v. State

578 So. 2d 398, 1991 WL 61783

District Court of Appeal of Florida | Filed: Apr 16, 1991 | Docket: 440910

Cited 3 times | Published

outweighed by the danger of unfair prejudice. § 90.403, Fla. Stat. (1989); Bryan v. State, 533 So.2d

Selver v. State

568 So. 2d 1331, 1990 WL 164985

District Court of Appeal of Florida | Filed: Oct 31, 1990 | Docket: 533475

Cited 3 times | Published

this extraneous and inadmissible hearsay. Florida Statute 90.403 provides: Relevant evidence is inadmissible

GOMACO CORPORATION v. Faith

550 So. 2d 482, 1989 WL 86791

District Court of Appeal of Florida | Filed: Aug 4, 1989 | Docket: 407344

Cited 3 times | Published

outweighed by their gruesome and inflammatory nature. § 90.403, Fla. Stat. (1987). The photographs do not in

DeSantis v. Acevedo

528 So. 2d 461, 1988 WL 67771

District Court of Appeal of Florida | Filed: Jul 5, 1988 | Docket: 1367664

Cited 3 times | Published

value the questions may have arguendo possessed. § 90.403, Fla. Stat. (1987); Simmons, 454 So.2d at 682;

Simeon v. State

520 So. 2d 81, 1988 WL 10217

District Court of Appeal of Florida | Filed: Feb 16, 1988 | Docket: 1300399

Cited 3 times | Published

prejudicial effect overcomes probative value); § 90.403, Fla. Stat. (1987) (same). 4. Finally, we cannot

Aetna Cas. & Sur. Co. v. Cooper

485 So. 2d 1364, 11 Fla. L. Weekly 809

District Court of Appeal of Florida | Filed: Apr 2, 1986 | Docket: 1680775

Cited 3 times | Published

needless presentation of cumulative evidence. § 90.403, Fla. Stat. (1983). Although evidence should not

Pulliam v. State

446 So. 2d 1172

District Court of Appeal of Florida | Filed: Mar 16, 1984 | Docket: 1780186

Cited 3 times | Published

needless presentation of cumulative evidence... ." § 90.403, Fla. Stat. (1983). See Sias v. State, 416 So

Christopher Allen Teachman v. State of Florida

264 So. 3d 242

District Court of Appeal of Florida | Filed: Jan 2, 2019 | Docket: 8468158

Cited 2 times | Published

So. 2d 1386, 1387 (Fla. 4th DCA 1984); see also § 90.403, Fla. Stat. A defendant’s “right to full

DESMOND D. SANDERS v. STATE OF FLORIDA

254 So. 3d 1038

District Court of Appeal of Florida | Filed: Sep 20, 2018 | Docket: 7905946

Cited 2 times | Published

evidence.” Castanon, 162 So. 3d at 54 (citing § 90.403, Fla. Stat.). “In weighing the probative value

Jon Paul Hogle v. State of Florida

250 So. 3d 178

District Court of Appeal of Florida | Filed: Jun 18, 2018 | Docket: 7190143

Cited 2 times | Published

substantially outweigh the probative value. See § 90.403, Fla. Stat. (2016).

Scott v. State

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

is admissible, except as provided by law.” Section 90.403, Florida Statutes (2014), however, states that

Morlas v. State

211 So. 3d 286, 2017 WL 512474, 2017 Fla. App. LEXIS 1549

District Court of Appeal of Florida | Filed: Feb 8, 2017 | Docket: 60262570

Cited 2 times | Published

outweighed by the danger of unfair prejudice ....”§ 90.403, Fla. Stat. (2014). Appellant concedes that evidence

Patrick Albert Evans v. State of Florida

177 So. 3d 1219, 40 Fla. L. Weekly Supp. 700, 2015 Fla. LEXIS 2538, 2015 WL 7008526

Supreme Court of Florida | Filed: Nov 12, 2015 | Docket: 3012078

Cited 2 times | Published

outweighed by the danger of unfair prejudice. § 90.403, Fla. Stat. (2014). If the trial court erred in

Woodson v. Go

166 So. 3d 231, 2015 Fla. App. LEXIS 9744, 2015 WL 3903589

District Court of Appeal of Florida | Filed: Jun 26, 2015 | Docket: 60248342

Cited 2 times | Published

avoid the needless consumption of time, and section 90.403, Florida Statutes (2013), provides that relevant

Emilia L. Carr v. State of Florida

156 So. 3d 1052, 40 Fla. L. Weekly Supp. 65, 2015 Fla. LEXIS 202, 2015 WL 463524

Supreme Court of Florida | Filed: Feb 5, 2015 | Docket: 2631959

Cited 2 times | Published

outweighed by the danger of unfair prejudice under section 90.403, Florida Statutes, since it is an official

& SC13-1065 Harold Blake v. State of Florida and Harold Blake v. Timothy H. Cannon, etc.

180 So. 3d 89

Supreme Court of Florida | Filed: Dec 4, 2014 | Docket: 2611590

Cited 2 times | Published

the testimony could have been excluded únder section 90.403, Florida Statutes (2005), which provided that

Charles C. Peterson v. State of Florida

154 So. 3d 275, 2014 WL 2882801

Supreme Court of Florida | Filed: Jun 26, 2014 | Docket: 58938

Cited 2 times | Published

for the exclusion of cumulative evidence. See § 90.403, Fla. Stat. (2013). “Cumulative evidence” calls

Mark Anthony Poole v. State of Florida

151 So. 3d 402, 39 Fla. L. Weekly Supp. 459, 2014 WL 2882864, 2014 Fla. LEXIS 2061

Supreme Court of Florida | Filed: Jun 26, 2014 | Docket: 58896

Cited 2 times | Published

by some specific rule of exclusion.” Section 90.403, Florida Statutes (2007), provides that

Mardis v. State

122 So. 3d 950, 2013 WL 5538781, 2013 Fla. App. LEXIS 15908

District Court of Appeal of Florida | Filed: Oct 9, 2013 | Docket: 60234820

Cited 2 times | Published

to exclude evidence of a witness’ bias under section 90.403.” Id. at 285-86. “[W]hen cross-examination

Datus v. State

126 So. 3d 363, 2013 WL 4007203, 2013 Fla. App. LEXIS 12351

District Court of Appeal of Florida | Filed: Aug 7, 2013 | Docket: 60236423

Cited 2 times | Published

substantially outweighed by the risk of unfair prejudice. § 90.403, Fla. Stat. (2012); see also State v. Gerry, 855

Ritz v. State

101 So. 3d 939, 2012 Fla. App. LEXIS 20888, 2012 WL 6028093

District Court of Appeal of Florida | Filed: Dec 5, 2012 | Docket: 60226492

Cited 2 times | Published

outweighed by its prejudicial effect”); see also § 90.403, Fla. Stat. (2007) (“Relevant evidence is inadmissible

Coleman v. State

126 So. 3d 1199, 2012 Fla. App. LEXIS 18099, 2012 WL 4897131

District Court of Appeal of Florida | Filed: Oct 17, 2012 | Docket: 60236241

Cited 2 times | Published

extent of determining relevancy and applying the section 90.403 balancing test. As the McLean court explained:

Shorter v. State

98 So. 3d 685, 2012 WL 4511305, 2012 Fla. App. LEXIS 16720

District Court of Appeal of Florida | Filed: Oct 3, 2012 | Docket: 60312524

Cited 2 times | Published

testifying and being subject to cross-examination, Section 90.403 may require the exclusion of the opinion.”

Shorter v. State

98 So. 3d 685, 2012 WL 4511305, 2012 Fla. App. LEXIS 16720

District Court of Appeal of Florida | Filed: Oct 3, 2012 | Docket: 60312524

Cited 2 times | Published

testifying and being subject to cross-examination, Section 90.403 may require the exclusion of the opinion.”

Faust v. State

95 So. 3d 421, 2012 WL 3326337, 2012 Fla. App. LEXIS 13575

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60311230

Cited 2 times | Published

was unduly prejudicial and in violation of section 90.403, Florida Statutes. The admission of evidence

State Farm Florida Insurance Co. v. Buitrago

100 So. 3d 85, 2012 Fla. App. LEXIS 10547, 2012 WL 2471601

District Court of Appeal of Florida | Filed: Jun 29, 2012 | Docket: 60226083

Cited 2 times | Published

grounds of prejudice or confusion pursuant to section 90.403. Accordingly, we hold that the Buitragos’ arguments

State v. Wright

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

confusion of the issues, or misleading the jury. See § 90.403; Sexton, 697 So.2d at 837. And while it is true

Childers v. Floyd

642 F.3d 953, 2011 U.S. App. LEXIS 11162, 2011 WL 2162083

Court of Appeals for the Eleventh Circuit | Filed: Jun 2, 2011 | Docket: 65659528

Cited 2 times | Published

irrelevant, the evidence was properly excluded under section 90.403, Florida Statutes (2002), because the limited

Stephenson v. State

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

danger of unfair prejudice, it is inadmissible. § 90.403, Fla. Stat. (2002). “ ‘Where a trial court has

Byrd v. BT FOODS, INC.

26 So. 3d 600, 22 Am. Disabilities Cas. (BNA) 1445, 2009 Fla. App. LEXIS 18431, 2009 WL 4282945

District Court of Appeal of Florida | Filed: Dec 2, 2009 | Docket: 239434

Cited 2 times | Published

of unfair prejudice under section 90.403, Florida Statutes. Section 90.403 provides, in pertinent part

Joyner v. State

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

993 So.2d 157, 165 (Fla. 1st DCA 2008) (quoting § 90.403, Fla. Stat. (2003)). Here, we find that the trial

Horton v. State

943 So. 2d 1016, 2006 WL 3689022

District Court of Appeal of Florida | Filed: Dec 15, 2006 | Docket: 537290

Cited 2 times | Published

applying the balancing test required under section 90.403, Florida Statutes (2004). Professor Ehrhardt

State v. Taylor

928 So. 2d 473, 2006 WL 1168789

District Court of Appeal of Florida | Filed: May 4, 2006 | Docket: 1713755

Cited 2 times | Published

State, 787 So.2d 747, 759 (Fla.2001) ("Under section 90.403, Florida Statutes (1997), relevant testimony

Mateo v. State

932 So. 2d 376, 2006 Fla. App. LEXIS 4670, 2006 WL 824491

District Court of Appeal of Florida | Filed: Mar 31, 2006 | Docket: 64845551

Cited 2 times | Published

court correctly excluded the audiotape under section 90.403, Florida Statutes (2001), because its probative

Ballard v. State

899 So. 2d 1186, 2005 WL 856022

District Court of Appeal of Florida | Filed: Apr 15, 2005 | Docket: 1705599

Cited 2 times | Published

effect must not outweigh its probative value. § 90.403, Fla. Stat. (2003); Turtle v. State, 600 So.2d

Armalin v. State

884 So. 2d 458, 2004 WL 2238592

District Court of Appeal of Florida | Filed: Oct 6, 2004 | Docket: 1281866

Cited 2 times | Published

it might be argued that an analysis under section 90.403, Florida Statutes, is applicable to determine

Flores v. Allstate Ins. Co.

833 So. 2d 172, 2002 Fla. App. LEXIS 17121, 2002 WL 31556586

District Court of Appeal of Florida | Filed: Nov 20, 2002 | Docket: 1258800

Cited 2 times | Published

this evidence outweighed its probative value. See § 90.403, Fla. Stat. (2001). This court cannot conclusively

State v. Sercey

825 So. 2d 959, 2002 WL 1307480

District Court of Appeal of Florida | Filed: Jun 17, 2002 | Docket: 1312222

Cited 2 times | Published

those tests will not be allowed." Applying section 90.403, Florida Statutes, he further found that "the

Tobin v. Leland

804 So. 2d 390, 2001 WL 1190894

District Court of Appeal of Florida | Filed: Oct 3, 2001 | Docket: 1699489

Cited 2 times | Published

the jury did not find a permanent injury. Section 90.403, Florida Statutes (2000), provides: Relevant

LONG TERM CARE FOUNDATION, INC. v. Martin

778 So. 2d 1100, 2001 Fla. App. LEXIS 3407, 2001 WL 256144

District Court of Appeal of Florida | Filed: Mar 16, 2001 | Docket: 1290420

Cited 2 times | Published

with the care it provided. Furthermore, under section 90.403, Florida Statutes, any relevance the complaint

Matthews v. State

772 So. 2d 600, 2000 WL 1760236

District Court of Appeal of Florida | Filed: Dec 1, 2000 | Docket: 1729390

Cited 2 times | Published

admissible. On appeal, Matthews argues that under section 90.403, Florida Statutes,[2] only his statement that

Johnson v. State

766 So. 2d 480, 2000 WL 1360874

District Court of Appeal of Florida | Filed: Sep 22, 2000 | Docket: 1697673

Cited 2 times | Published

pending, as well as her previous criminal record. § 90.403; Jackson v. State, 498 So.2d 906, 909 (Fla.1986)(if

Johnson v. State

766 So. 2d 480, 2000 WL 1360874

District Court of Appeal of Florida | Filed: Sep 22, 2000 | Docket: 1697673

Cited 2 times | Published

pending, as well as her previous criminal record. § 90.403; Jackson v. State, 498 So.2d 906, 909 (Fla.1986)(if

Farrell v. State

682 So. 2d 204, 1996 WL 612776

District Court of Appeal of Florida | Filed: Oct 25, 1996 | Docket: 1276151

Cited 2 times | Published

probative value was outweighed by unfair prejudice. § 90.403, Fla. Stat. This case was one of whom do you believe

State v. Aylesworth

666 So. 2d 181, 1995 WL 739058

District Court of Appeal of Florida | Filed: Dec 15, 1995 | Docket: 1510956

Cited 2 times | Published

trial court did not abuse its discretion under section 90.403, Florida Statutes (1993), when it granted the

Key v. Angrand

630 So. 2d 646, 1994 WL 6401

District Court of Appeal of Florida | Filed: Jan 11, 1994 | Docket: 481335

Cited 2 times | Published

Villarena, Inc. v. Acosta, 597 So.2d at 339; accord § 90.403, Fla. Stat. (1991). We conclude that the testimony

Porter v. VISTA BLDG. MAINTENANCE SERV.

630 So. 2d 205, 1993 WL 513942

District Court of Appeal of Florida | Filed: Dec 14, 1993 | Docket: 1519526

Cited 2 times | Published

outweighed by the danger of unfair prejudicial effect. § 90.403, Fla. Stat. (1991); Riggins v. Mariner Boat Works

O'NEIL v. Gilbert

625 So. 2d 982, 1993 WL 431594

District Court of Appeal of Florida | Filed: Oct 26, 1993 | Docket: 1517513

Cited 2 times | Published

v. Acevedo, 528 So.2d 461 (Fla. 3d DCA 1988); § 90.403, Fla. Stat. (1991). Because Sylfradin's *984 testimony

Children's Palace, Inc. v. Johnson

609 So. 2d 755, 1992 WL 358241

District Court of Appeal of Florida | Filed: Dec 7, 1992 | Docket: 1473303

Cited 2 times | Published

substantially outweighed by unfair prejudice under section 90.403, Florida Statutes (1989). Section 90.610(1)

Pierre v. State

597 So. 2d 853, 1992 WL 61440

District Court of Appeal of Florida | Filed: May 12, 1992 | Docket: 1743036

Cited 2 times | Published

State v. Pardo, 582 So.2d 1225 (Fla. 3d DCA 1991); § 90.403, Fla. Stat. (1989).

Bennett v. State

593 So. 2d 1069, 1992 WL 3679

District Court of Appeal of Florida | Filed: Feb 13, 1992 | Docket: 446441

Cited 2 times | Published

between § 90.404(2), Florida Statutes (1989), and § 90.403, Florida Statutes (1989). In Carr v. State, 578

Pottgen v. State

589 So. 2d 390, 1991 WL 239911

District Court of Appeal of Florida | Filed: Nov 13, 1991 | Docket: 232519

Cited 2 times | Published

needless presentation of cumulative evidence." Section 90.403, Florida Statutes. However, under the circumstances

Hall Ex Rel. Hall v. Daee

570 So. 2d 296

District Court of Appeal of Florida | Filed: Nov 20, 1990 | Docket: 1704334

Cited 2 times | Published

v. Rosomoff, 407 So.2d 941 (Fla. 3d DCA 1981); § 90.403, Fla. Stat. (1989). GERSTEN and GODERICH, JJ.

ROBY EX REL. ROBY v. Kingsley

492 So. 2d 789, 11 Fla. L. Weekly 1723

District Court of Appeal of Florida | Filed: Aug 7, 1986 | Docket: 478449

Cited 2 times | Published

outweighed by the danger of unfair prejudice. Section 90.403, Florida Statutes. We reverse the fourth issue

SC v. State

471 So. 2d 1326, 10 Fla. L. Weekly 1565

District Court of Appeal of Florida | Filed: Jun 25, 1985 | Docket: 1724781

Cited 2 times | Published

prejudice so as to disqualify the evidence under Section 90.403, Florida Statutes (1983). Parents' final argument

Pensacola Inn Ltd. v. Tuthill

404 So. 2d 1173

District Court of Appeal of Florida | Filed: Oct 22, 1981 | Docket: 1782325

Cited 2 times | Published

prejudice and their tendency to mislead the jury. Section 90.403, Florida Evidence Code, provides that relevant

Rivera v. State

274 So. 3d 537

District Court of Appeal of Florida | Filed: Jun 21, 2019 | Docket: 64718356

Cited 1 times | Published

credibility. That rule can be viewed similarly to section 90.403, balancing the relevance of a defendant's potential

STEPHEN STUBBS v. STATE OF FLORIDA

275 So. 3d 631

District Court of Appeal of Florida | Filed: Apr 17, 2019 | Docket: 14950643

Cited 1 times | Published

of cumulative evidence.” Id. at 1259 (quoting § 90.403, Fla. Stat. (2005)); see also Peralta-Morales

FRANK ALBERT MARTINEZ v. STATE OF FLORIDA

265 So. 3d 704

District Court of Appeal of Florida | Filed: Feb 27, 2019 | Docket: 14572894

Cited 1 times | Published

needless presentation of cumulative evidence.” § 90.403, Fla. Stat. (2017). But relevant evidence is inherently

Kelly Lamont Whisby v. State of Florida

262 So. 3d 228

District Court of Appeal of Florida | Filed: Dec 18, 2018 | Docket: 8425521

Cited 1 times | Published

subject to exclusion under the balancing test of section 90.403, Florida Statutes, and cannot become the feature

Aguila v. State

255 So. 3d 522

District Court of Appeal of Florida | Filed: Oct 10, 2018 | Docket: 8015419

Cited 1 times | Published

evidence “remains subject to weighing under section 90.403.”5 Id. at 1259; see also Seavey v.

Felice John Veach v. State of Florida

254 So. 3d 624

District Court of Appeal of Florida | Filed: Aug 30, 2018 | Docket: 7775010

Cited 1 times | Published

needless presentation of cumulative evidence.” § 90.403, Fla. Stat. (2016). “‘Relevant evidence is inherently

Robert Roy Macomber v. State of Florida

254 So. 3d 1098

District Court of Appeal of Florida | Filed: Aug 30, 2018 | Docket: 7774961

Cited 1 times | Published

tending to prove or disprove a material fact.”); § 90.403, Fla. Stat. (“Relevant evidence is inadmissible

Arroyo v. State

252 So. 3d 374

District Court of Appeal of Florida | Filed: Aug 1, 2018 | Docket: 7567946

Cited 1 times | Published

. . . shall not be admitted into evidence”); § 90.403, Fla. Stat. (2010) (“Relevant evidence is inadmissible

Melvin Douglas Hawthorne v. State of Florida

248 So. 3d 1261

District Court of Appeal of Florida | Filed: Jun 13, 2018 | Docket: 7143522

Cited 1 times | Published

asserting the record was prejudicial under section 90.403, Florida Statutes. The trial court ruled that

Monica A. Gutierrez, etc. v. Jose Luis Vargas, M.D., etc.

239 So. 3d 615

Supreme Court of Florida | Filed: Mar 22, 2018 | Docket: 6342213

Cited 1 times | Published

"needless presentation of cumulative evidence." § 90.403, Fla. Stat. (2017) (emphasis added); see also

Horace Monroe Wood v. State of Florida

238 So. 3d 924

District Court of Appeal of Florida | Filed: Feb 28, 2018 | Docket: 6318690

Cited 1 times | Published

court must conduct the weighing required by section 90.403.” McLean v. State, 934 So. 2d 1248, 1261 (Fla

Burton v. State

237 So. 3d 1138

District Court of Appeal of Florida | Filed: Jan 24, 2018 | Docket: 6280849

Cited 1 times | Published

that all relevant evidence is admissible, section 90.403 provides for the exclusion of relevant evidence

PHILIP MORRIS USA INC., and R.J. REYNOLDS TOBACCO CO. v. ROSE POLLARI, etc

228 So. 3d 115

District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145382

Cited 1 times | Published

of issues, [or] misleading the jury” (quoting § 90.403, Fla. Stat.)); accord Tolbert v. State,

KEVIN STEWART v. DEAN D. DRALEAUS

226 So. 3d 990, 2017 WL 3169272, 2017 Fla. App. LEXIS 10688

District Court of Appeal of Florida | Filed: Jul 26, 2017 | Docket: 6126106

Cited 1 times | Published

needless presentation of cumulative evidence.” § 90,403, Fla. Stat. (2013). In weighing the probative

Henry Lee Jones v. State of Florida

212 So. 3d 321, 42 Fla. L. Weekly Fed. S 257, 2017 WL 823600, 2017 Fla. LEXIS 421

Supreme Court of Florida | Filed: Mar 2, 2017 | Docket: 4612629

Cited 1 times | Published

outweighed by the danger of unfair prejudice.” § 90.403, Fla. Stat. (2013); accord majority op. at *351340

Okeechobee Aerie 4137, Fraternal Order of Eagles, Inc. v. Wilde

199 So. 3d 333, 2016 Fla. App. LEXIS 11736, 2016 WL 4132105

District Court of Appeal of Florida | Filed: Aug 3, 2016 | Docket: 60256584

Cited 1 times | Published

substantially outweighed by the ... confusion of issues.” § 90.403, Fla. Stat. The probative value of the RVA was

Concepcion v. State

188 So. 3d 5, 2016 Fla. App. LEXIS 3070, 41 Fla. L. Weekly Fed. D 559

District Court of Appeal of Florida | Filed: Mar 2, 2016 | Docket: 3040784

Cited 1 times | Published

subject to the balancing test set forth in section 90.403, Florida Statutes (2014), which provides that

Candice Jones, as Personal Representative of the Estate of Ryland Nye v. Michael Alayon

162 So. 3d 360, 2015 Fla. App. LEXIS 5118, 2015 WL 1545005

District Court of Appeal of Florida | Filed: Apr 8, 2015 | Docket: 2679417

Cited 1 times | Published

respond. The court conducted an analysis under section 90.403, Florida Statutes (2012), and determined that

Alan Lyndell Wade v. State of Florida

156 So. 3d 1004, 39 Fla. L. Weekly Supp. 757, 2014 Fla. LEXIS 3679, 2014 WL 6978020

Supreme Court of Florida | Filed: Dec 11, 2014 | Docket: 2613920

Cited 1 times | Published

outweighed its probative value. See § 90.403, Fla. Stat. (2007) (“Relevant evidence is inadmissible

Jackson v. State

140 So. 3d 1067, 2014 Fla. App. LEXIS 8816, 2014 WL 2583480

District Court of Appeal of Florida | Filed: Jun 10, 2014 | Docket: 60241355

Cited 1 times | Published

and the evidence should be excluded under section 90.403.” Id. at 162; see also Charles W. Ehrhardt

Richard Allen Johnson v. State of Florida

135 So. 3d 1002, 2014 WL 68134

Supreme Court of Florida | Filed: Jan 9, 2014 | Docket: 400987

Cited 1 times | Published

prejudice for purposes of application of the section 90.403 evidentiary balancing test. See Johnson

Wyon Dale Childers v. Willie L. Floyd, Warden-Glades Correctional Institution

736 F.3d 1331, 2013 WL 6169275, 2013 U.S. App. LEXIS 23019

Court of Appeals for the Eleventh Circuit | Filed: Nov 14, 2013 | Docket: 142762

Cited 1 times | Published

Amendment’s Confrontation Clause. See Fla. Stat. § 90.403. There are also reasons to think that “some other

Young v. State

122 So. 3d 891, 2013 WL 3811816, 2013 Fla. App. LEXIS 11586

District Court of Appeal of Florida | Filed: Jul 24, 2013 | Docket: 60234799

Cited 1 times | Published

outweighed by the danger of unfair prejudice.” § 90.403, Fla. Stat. (2007). We are aware that the danger

Greenwald v. Eisinger, Brown, Lewis & Frankel, P.A.

118 So. 3d 867, 2013 WL 3455600, 2013 Fla. App. LEXIS 10987

District Court of Appeal of Florida | Filed: Jul 10, 2013 | Docket: 60233459

Cited 1 times | Published

needless presentation of cumulative evidence.” § 90.403, Fla. Stat. (2012). We do not agree that the preamble

Henry v. State

123 So. 3d 1167, 2013 WL 950045, 2013 Fla. App. LEXIS 3954

District Court of Appeal of Florida | Filed: Mar 13, 2013 | Docket: 60234886

Cited 1 times | Published

admissibility of the special conditions under section 90.403, Florida Statutes (2010). In addition, we find

Smith v. State

98 So. 3d 632, 2012 WL 3822115, 2012 Fla. App. LEXIS 14855

District Court of Appeal of Florida | Filed: Sep 5, 2012 | Docket: 60312494

Cited 1 times | Published

to exclude evidence of a witness’ bias under section 90.403.” Id. at 285-86. “[W]hen cross-examination

Holmes v. State

91 So. 3d 859, 2012 WL 447284, 2012 Fla. App. LEXIS 2126

District Court of Appeal of Florida | Filed: Feb 14, 2012 | Docket: 60309991

Cited 1 times | Published

confusion of issues, [or] misleading the jury.” § 90.403, Fla. Stat. Actual confusion of the issues and

Leon v. State

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

confusion of issues, [or] misleading the jury[.]" § 90.403, Fla. Stat. (2008). See also Joyner v. State,

Ford v. State

50 So. 3d 799, 2011 Fla. App. LEXIS 83, 2011 WL 116140

District Court of Appeal of Florida | Filed: Jan 14, 2011 | Docket: 60297367

Cited 1 times | Published

of allowing Ford a more detailed inquiry. See § 90.403, Fla. Stat. (2009). How far the inquiry may proceed

Delatorre v. State

45 So. 3d 817, 2010 Fla. App. LEXIS 11720, 2010 WL 3154986

District Court of Appeal of Florida | Filed: Aug 11, 2010 | Docket: 2399315

Cited 1 times | Published

relevancy requirements and the balancing test of section 90.403. Id. As McLean explains, the less similar a

Mickell v. State

41 So. 3d 960, 2010 Fla. App. LEXIS 10845, 2010 WL 2925351

District Court of Appeal of Florida | Filed: Jul 28, 2010 | Docket: 2398360

Cited 1 times | Published

outweighed by the danger of unfair prejudice. See § 90.403, Fla. Stat. (2008). We hold that the trial judge

Hernandez v. Paris Industrial Maintenance

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

needless presentation of cumulative evidence. § 90.403, Fla. Stat. (2007). In this case, the initial

Farias v. State

31 So. 3d 909, 2010 Fla. App. LEXIS 4208, 2010 WL 1222337

District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 1647828

Cited 1 times | Published

relevant, it may be inadmissible under the section 90.403 balancing test, if the "probative value is

Webster v. Body Dynamics, Inc.

27 So. 3d 805, 2010 Fla. App. LEXIS 2067, 2010 WL 624182

District Court of Appeal of Florida | Filed: Feb 24, 2010 | Docket: 1206708

Cited 1 times | Published

Contrary to the trial court’s finding under section 90.403, there was no adequate showing that unfair

Rich v. State

18 So. 3d 1227, 2009 Fla. App. LEXIS 14920, 2009 WL 3189364

District Court of Appeal of Florida | Filed: Oct 7, 2009 | Docket: 1178993

Cited 1 times | Published

in a probative versus prejudice analysis. See § 90.403, Fla. Stat. (2008) ("Relevant evidence is inadmissible

Crumbie v. State

16 So. 3d 893, 2009 Fla. App. LEXIS 10120, 2009 WL 2191352

District Court of Appeal of Florida | Filed: Jul 24, 2009 | Docket: 2149214

Cited 1 times | Published

outweighed *896by the danger of unfair prejudice. § 90.403, Fla. Stat. Evidence of prior crimes is inadmissible

Gonzales v. State

9 So. 3d 725, 2009 Fla. App. LEXIS 3449, 2009 WL 1066047

District Court of Appeal of Florida | Filed: Apr 22, 2009 | Docket: 1667536

Cited 1 times | Published

probative value of this evidence. See Fla. Stat. § 90.403 (relevant evidence is inadmissible if its probative

Cowan v. State

3 So. 3d 446, 2009 Fla. App. LEXIS 1808, 2009 WL 605349

District Court of Appeal of Florida | Filed: Mar 11, 2009 | Docket: 60289212

Cited 1 times | Published

was inadmissible under a Rule 403 analysis. See § 90.403, Fla. Stat. (evidence is inadmissible where its

Reyes v. State

976 So. 2d 1169, 2008 WL 704200

District Court of Appeal of Florida | Filed: Mar 18, 2008 | Docket: 1275465

Cited 1 times | Published

presentation of cumulative evidence.") (quoting § 90.403, Fla. Stat. (2007)). Evidence that has "an undue

STATE, DEPARTMENT OF CORRECTIONS v. Rochelle

976 So. 2d 663, 2008 WL 656899

District Court of Appeal of Florida | Filed: Mar 13, 2008 | Docket: 894686

Cited 1 times | Published

court did not abuse its broad discretion under section 90.403, Florida Statutes. Accordingly, we AFFIRM the

James v. State

973 So. 2d 1194, 2008 WL 140805

District Court of Appeal of Florida | Filed: Jan 16, 2008 | Docket: 92914

Cited 1 times | Published

this testimony should have been excluded under section 90.403, Florida Statutes (2004), because its prejudicial

Pugh v. State

971 So. 2d 225, 2008 WL 34817

District Court of Appeal of Florida | Filed: Jan 2, 2008 | Docket: 1446942

Cited 1 times | Published

outweighed by the danger of unfair prejudice." See § 90.403, Fla. Stat. (2006). Here, the officer's testimony

Saleeby v. ROCKY ELSON CONST., INC.

965 So. 2d 211, 2007 Fla. App. LEXIS 13874, 2007 WL 2480545

District Court of Appeal of Florida | Filed: Sep 5, 2007 | Docket: 1508987

Cited 1 times | Published

(2003 ed.) (citing Dosdourian, 624 So.2d at 241; § 90.403, Fla. Stat. (2006)). A witness's bias or improper

Armstrong v. State

931 So. 2d 187, 2006 WL 1559734

District Court of Appeal of Florida | Filed: Jun 9, 2006 | Docket: 1522215

Cited 1 times | Published

substantially outweighed any probative value. § 90.403, Fla. Stat.[3] The statement was made while Armstrong

Britton v. State

928 So. 2d 386, 2006 WL 888056

District Court of Appeal of Florida | Filed: Apr 7, 2006 | Docket: 1406059

Cited 1 times | Published

shotgun incident was properly excluded under section 90.403 because of its remoteness in time and circumstance

Deville v. State

917 So. 2d 1058, 2006 WL 119148

District Court of Appeal of Florida | Filed: Jan 18, 2006 | Docket: 1509582

Cited 1 times | Published

outweighed by the danger of unfair prejudice...." § 90.403, Fla. Stat. The fact that the lock pick set was

Vincent v. State

885 So. 2d 963, 2004 WL 2451758

District Court of Appeal of Florida | Filed: Nov 3, 2004 | Docket: 1286834

Cited 1 times | Published

prejudice outweighed its probative value. See § 90.403, Fla. Stat. (2003). Again, we disagree. The trial

Florida Power & Light Co. v. Goldberg

856 So. 2d 1011, 2002 WL 1021388

District Court of Appeal of Florida | Filed: Oct 1, 2003 | Docket: 1298195

Cited 1 times | Published

discretion and any error was harmless. Florida Statute § 90.403 provides in pertinent part: Relevant evidence

Bradley v. Brotman

836 So. 2d 1129, 2003 WL 354873

District Court of Appeal of Florida | Filed: Feb 19, 2003 | Docket: 1499667

Cited 1 times | Published

is unfairly prejudicial or confusing under section 90.403, Florida Statutes. This prejudice or confusion

Gonzalez-Valdes v. State

834 So. 2d 933, 2003 WL 141591

District Court of Appeal of Florida | Filed: Jan 22, 2003 | Docket: 1329356

Cited 1 times | Published

must be relevant to be admissible. Moreover, section 90.403, Florida Statutes, provides that relevant evidence

Mount v. Camelot Care Center of Dade, Inc.

816 So. 2d 669, 2002 WL 423445

District Court of Appeal of Florida | Filed: Mar 20, 2002 | Docket: 1563406

Cited 1 times | Published

problem. We agree. Even if evidence is relevant, section 90.403, Florida Statutes (2000), "requires the trial

Bell v. State

798 So. 2d 47, 2001 WL 1231476

District Court of Appeal of Florida | Filed: Oct 17, 2001 | Docket: 64809688

Cited 1 times | Published

substantially outweighed by unfair prejudice. See § 90.403, Fla. Stat. (1999). Cf. Farrell v. State, 682

Adams v. State

743 So. 2d 1216, 1999 WL 1037993

District Court of Appeal of Florida | Filed: Nov 17, 1999 | Docket: 527197

Cited 1 times | Published

that could be derived from such evidence. See § 90.403, Fla. Stat. Mutcherson v. State, 696 So.2d 420

Ghent v. State

685 So. 2d 72, 1996 Fla. App. LEXIS 13206, 1996 WL 728687

District Court of Appeal of Florida | Filed: Dec 20, 1996 | Docket: 64769902

Cited 1 times | Published

R.B’s hearsay statements inadmissible under section 90.403, Fla. Stat. (1991), on the basis that their

Charles B. Pitts Real Estate v. Hater

602 So. 2d 961, 1992 WL 81056

District Court of Appeal of Florida | Filed: Apr 24, 1992 | Docket: 1694014

Cited 1 times | Published

by the danger of unfair prejudice or confusion. § 90.403, Fla. Stat. (1989). We have not overlooked the

Estano v. State

595 So. 2d 973, 1992 WL 36300

District Court of Appeal of Florida | Filed: Feb 27, 1992 | Docket: 1708979

Cited 1 times | Published

needless presentation of cumulative evidence." § 90.403, Fla. Stat. (1989). The determination whether

Obojes v. State

590 So. 2d 461, 1991 WL 248686

District Court of Appeal of Florida | Filed: Nov 20, 1991 | Docket: 1512689

Cited 1 times | Published

and no limiting instruction was requested. See § 90.403, Fla. Stat. (1987); State v. Sawyer, 561 So.2d

State v. Diamond

553 So. 2d 1185, 1988 WL 86349

District Court of Appeal of Florida | Filed: Dec 28, 1989 | Docket: 1675668

Cited 1 times | Published

danger of unfair prejudice to the defendant. See § 90.403, Fla. Stat. (1987). [7] The trial court was evidently

Davis v. State

537 So. 2d 1061, 1989 WL 2068

District Court of Appeal of Florida | Filed: Jan 18, 1989 | Docket: 483193

Cited 1 times | Published

the photographs' admission into evidence. See § 90.403, Fla. Stat. (1987). I can conceive of no material

In the Interest of S.C. v. State

471 So. 2d 1326, 10 Fla. L. Weekly 1565, 1985 Fla. App. LEXIS 14867

District Court of Appeal of Florida | Filed: Jun 25, 1985 | Docket: 64612870

Cited 1 times | Published

prejudice so as to disqualify the evidence under Section 90.403, Florida Statutes (1983). Parents’ final argument

Crum v. State

433 So. 2d 1384

District Court of Appeal of Florida | Filed: Jul 14, 1983 | Docket: 1425862

Cited 1 times | Published

resulting in its exclusion from evidence under section 90.403, Florida Statutes (1981), unless the court's

McCray v. State of Florida

District Court of Appeal of Florida | Filed: Aug 13, 2025 | Docket: 71098305

Published

needless presentation of cumulative evidence.” § 90.403, Fla. Stat. It is true that “[m]ost evidence

Young v. State of Florida

District Court of Appeal of Florida | Filed: Jul 9, 2025 | Docket: 70739432

Published

to the admission of evidence that fails the section 90.403, Florida Statutes (2022), balancing test. See

Davonte Barnes v. the State of Florida

District Court of Appeal of Florida | Filed: Jun 25, 2025 | Docket: 70630891

Published

outweighed by the danger of unfair prejudice. 2 See § 90.403, Fla. Stat. (2024). He also argues that the trial

Atoya Holmes v. the State of Florida

District Court of Appeal of Florida | Filed: Jun 11, 2025 | Docket: 70513843

Published

sentence was taken out of context and violative of section 90.403, Florida Statutes. Over objection, the

Universal Property & Casualty Insurance Company v. West Naze

District Court of Appeal of Florida | Filed: Jun 4, 2025 | Docket: 70453012

Published

needless presentation of cumulative evidence.” § 90.403, Fla. Stat. (2024). Comments that insurers handled

Gladston Lingo v. the State of Florida

District Court of Appeal of Florida | Filed: Apr 23, 2025 | Docket: 69929337

Published

that all relevant evidence is admissible, section 90.403 provides for the exclusion of relevant evidence

Andreyev Ross v. the State of Florida

District Court of Appeal of Florida | Filed: Apr 16, 2025 | Docket: 69899468

Published

abuse of that discretion.” (citation omitted)); § 90.403, Fla. Stat. (2019) (“Relevant evidence is inadmissible

Suiter v. State of Florida

District Court of Appeal of Florida | Filed: Mar 28, 2025 | Docket: 69807055

Published

confusion of the issues, or misleading the jury. See § 90.403. Of course, Mr. Suiter's statements are prejudicial

Gianino v. State of Florida

District Court of Appeal of Florida | Filed: Dec 4, 2024 | Docket: 69435171

Published

court must conduct the weighing required by section 90.403.” McLean v. State, 934 So. 2d 1248, 1261 (Fla

State of Florida v. Logan Ryan Riggleman

District Court of Appeal of Florida | Filed: Nov 22, 2024 | Docket: 69404294

Published

allegations under section 90.404 before conducting a section 90.403 balancing test. By failing to conduct a relevancy

Eric Lawrence v. State of Florida

District Court of Appeal of Florida | Filed: Nov 22, 2024 | Docket: 69404299

Published

of unfair prejudice.” White, 971 So. 2d at 972; § 90.403, Fla. Stat. (2021); Dean, 690 So. 2d at 723. This

McKee v. State of Florida

District Court of Appeal of Florida | Filed: Nov 13, 2024 | Docket: 69369593

Published

been excluded as unfairly prejudicial under section 90.403, Florida Statutes, because the testimony allowed

Anthawn Ragan, Jr. v. the State of Florida

District Court of Appeal of Florida | Filed: Oct 30, 2024 | Docket: 69324305

Published

thereby rendering such evidence inadmissible. § 90.403, Fla. Stat. (2023); Rodriguez v. State, 753 So

Leo L. Boatman v. State of Florida

Supreme Court of Florida | Filed: Oct 17, 2024 | Docket: 69270921

Published

- 24 - unfair prejudice.” § 90.403, Fla. Stat. (2019). As to the photos, no definitive

Tyrone T. Johnson v. State of Florida

Supreme Court of Florida | Filed: Sep 19, 2024 | Docket: 68934023

Published

discretion in admitting it. Id. at 344 (citing § 90.403, Fla. Stat. (2007)). That is not what happened

Ted'Qwon McGowan v. State of Florida

District Court of Appeal of Florida | Filed: Sep 11, 2024 | Docket: 69151368

Published

in the immediate aftermath of the murder. See § 90.403, Fla. Stat. We find no error, therefore the

Tyrone T. Johnson v. State of Florida

Supreme Court of Florida | Filed: Jul 11, 2024 | Docket: 68934023

Published

discretion in admitting it. Id. at 344 (citing § 90.403, Fla. Stat. (2007)). That is not what happened

Pablo Guzman, M.D. and Holy Cross Hospital, Inc. v. Maria Joanna Lazzari, the Plenary Guardian of the Person and Property of Morela Lazzari

District Court of Appeal of Florida | Filed: Jul 3, 2024 | Docket: 68913308

Published

Vargas, 239 So. 3d 615, 625 (Fla. 2018) (quoting § 90.403, Fla. Stat. (2017)). A trial court may exclude

Tony Anthony Simmons Jr v. State of Florida

District Court of Appeal of Florida | Filed: Jun 19, 2024 | Docket: 68867368

Published

3 unfair prejudice to the defendant under section 90.403. McLean, 934 So. 2d at 1261–62. Simmons

Philip Morris USA Inc. v. Barbra Hoffman, etc.

District Court of Appeal of Florida | Filed: May 1, 2024 | Docket: 68490743

Published

and purpose to be relevant, and (2) under section 90.403, Florida Statutes, the danger of unfair prejudice

Philip Jude Moran v. State of Florida

District Court of Appeal of Florida | Filed: Apr 10, 2024 | Docket: 68422841

Published

relevant. See 6 § 90.403, Fla. Stat. (“Relevant evidence is inadmissible

MICHAEL R. JACKSON v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 5, 2024 | Docket: 68366463

Published

presentation of cumulative evidence.” Id. (citing § 90.403, Fla. Stat.). To decide this issue, a court considers:

State of Florida v. Robert Jean Morris

District Court of Appeal of Florida | Filed: Mar 6, 2024 | Docket: 68313533

Published

necessity.”). As to unfair prejudice under section 90.403, Florida Statutes (2016), evidence should be

Everett G. Miller v. State of Florida

Supreme Court of Florida | Filed: Feb 29, 2024 | Docket: 68295180

Published

white— and in any event unfairly prejudicial. See § 90.403, Fla. Stat. (“Relevant evidence is inadmissible

GEICO GENERAL INSURANCE COMPANY v. SUPERIOR AUTO GLASS OF TAMPA BAY, INC. AS ASSIGNEE OF MATTHEW DICK

District Court of Appeal of Florida | Filed: Jan 17, 2024 | Docket: 68034884

Published

relevance with the balancing test set forth in section 90.403, Florida Statutes (2021). Balancing the spreadsheet's

State of Florida v. Christopher Russell Hubbs

District Court of Appeal of Florida | Filed: Dec 6, 2023 | Docket: 68065659

Published

application of the unfair prejudice test of section 90.403, Florida Statutes (2019).” Smiley v. State

JOSEPH BLOW vs STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 29, 2023 | Docket: 68034173

Published

outweighed by the danger of unfair prejudice, see § 90.403, Fla. Stat., or is otherwise excluded by the Florida

KATHRYN L. KUGELMANN v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jun 28, 2023 | Docket: 67534784

Published

precluded, regardless of its relevance, by section 90.403, Florida Statutes (2022), because “its probative

Zavion Alahad v. State of Florida

Supreme Court of Florida | Filed: Jun 1, 2023 | Docket: 67461436

Published

of evidence under section 90.403, Florida Statutes (2022). We review section 90.403 rulings for abuse

KIRK GAGE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 26, 2023 | Docket: 67270676

Published

substantially outweighed its probative value under section 90.403, Florida Statutes (2020). The main charge

FU LU SONG AND AMERICAN TRUCKING COMPANY vs CLINTON JENKINS; MALISSA LEY AND NICHOLAS WELBORN

District Court of Appeal of Florida | Filed: Mar 31, 2023 | Docket: 66833816

Published

unfairly prejudicial than probative under a section 90.403, Florida Statutes analysis. At one point

JAVARIUS HENDRIX v. WAL-MART STORES EAST, LP

District Court of Appeal of Florida | Filed: Mar 29, 2023 | Docket: 67105037

Published

SCALES, JJ. PER CURIAM. Affirmed. See § 90.403, Fla. Stat. (2021) (“Relevant evidence is inadmissible

Mark D. Sievers v. State of Florida

Supreme Court of Florida | Filed: Nov 17, 2022 | Docket: 65761625

Published

cumulative and therefore properly excluded. See § 90.403, Fla. Stat. (2019) (“Relevant evidence is inadmissible

CLEEF THEUS v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 2, 2022 | Docket: 65654685

Published

rulings under an abuse of discretion standard); § 90.403, Fla. Stat. (2019)

STATE OF FLORIDA vs OSCAR TRINIDAD

District Court of Appeal of Florida | Filed: Oct 28, 2022 | Docket: 66688130

Published

April 21, 2019 recording was inadmissible under section 90.403 and in granting Appellee’s motion to suppress

Layton Todd Mizell v. State of Florida

District Court of Appeal of Florida | Filed: Sep 21, 2022 | Docket: 65365633

Published

impermissible use of character evidence, and under section 90.403, Florida Statutes (2018), as more prejudicial

HEALTHCARE UNDERWRITERS GROUP, INC., AMARNATH VEDERE, M.D. and CARDIOLOGY PARTNERS, P.L. v. DEBORAH SANFORD, as Personal Representative of the ESTATE OF GERALD L. SANFORD

District Court of Appeal of Florida | Filed: Mar 30, 2022 | Docket: 63198516

Published

confusion of issues, or misleading the jury. § 90.403, Fla. Stat. (2020). Although the determination

ODALYS HERRERA v. JARDEN CORPORATION, TONYA JARVIS and JOHN CAPPS

District Court of Appeal of Florida | Filed: Feb 23, 2022 | Docket: 63108561

Published

subject to balancing under the provisions of section 90.403, [Florida Statutes (2019),] and a trial court’s

STATE OF FLORIDA v. SELAH FOX

District Court of Appeal of Florida | Filed: Feb 16, 2022 | Docket: 63008455

Published

the county court did not explicitly reference section 90.403, Florida Statutes (2021), which provides that

NIMER ABDALLAH v. THE STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 22, 2021 | Docket: 61637658

Published

prejudicial to Abdallah or misleading to the jury. See § 90.403, Fla. Stat. (2016); McDuffie, 970 So. 2d at 327

BOBBY SCOTT v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Dec 8, 2021 | Docket: 61601905

Published

prejudice[.]” Wright, 19 So. 3d. at 291 (citing § 90.403, Fla. Stat. (2000)). Appellant’s fingerprint was

Terry Smith v. State of Florida & Terry Smith v. Mark S. Inch, etc.

Supreme Court of Florida | Filed: Oct 21, 2021 | Docket: 60663528

Published

needless presentation of cumulative evidence.” § 90.403, Fla. Stat. (2010). The fact that the gun

SAFECO INSURANCE COMPANY OF ILLINOIS v. FLEURIMOND BARTHELEMY

District Court of Appeal of Florida | Filed: Jul 14, 2021 | Docket: 60056996

Published

to fraud would be highly prejudicial under section 90.403, Florida Statutes. The insurer responded

Christian Cruz v. State of Florida

Supreme Court of Florida | Filed: Jul 1, 2021 | Docket: 60030997

Published

argues that admitting this evidence violated section 90.403, Florida Statutes (2019) (“Relevant evidence

MICHAEL D. JONES v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: May 26, 2021 | Docket: 59936582

Published

needless presentation of cumulative evidence.” § 90.403, Fla. Stat. (2019). Similar fact evidence

Donald James Smith v. State of Florida

Supreme Court of Florida | Filed: Apr 22, 2021 | Docket: 59844635

Published

admitting these photographs would violate section 90.403, Florida Statutes (2017) (“Relevant evidence

MARQUIS VALENTINE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 12, 2020 | Docket: 18620291

Published

likelihood of misidentification. c. Section 90.403, Florida Statutes The defendant’s last

MARQUIS VALENTINE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 30, 2020 | Docket: 18488453

Published

likelihood of misidentification. c. Section 90.403, Florida Statutes The defendant’s last

JOSE REYNA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 26, 2020 | Docket: 17479791

Published

by reading the statute in conjunction with section 90.403, Florida Statutes (2005), which requires that

JACKSON PRIDEMORE v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Aug 5, 2020 | Docket: 17415844

Published

by reading the statute in conjunction with section 90.403, Florida Statutes (2005), which requires that

Benjamin Davis Smiley, Jr. v. State of Florida

Supreme Court of Florida | Filed: May 14, 2020 | Docket: 17163245

Published

application of the unfair prejudice test of section 90.403, Florida Statutes (2019). Floyd v. State, 913

CID TORREZ v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 22, 2020 | Docket: 17089292

Published

expert testimony. B. Admissibility under § 90.403 Notwithstanding all of the above, the defense

CID TORREZ v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 22, 2020 | Docket: 17089293

Published

expert testimony. B. Admissibility under § 90.403 Notwithstanding all of the above, the defense

LENSKY JEANBART v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Apr 1, 2020 | Docket: 17033714

Published

outweighed by the danger of unfair prejudice.” § 90.403, Fla. Stat. (2019). “[I]n order for evidence

DAVID HARRIS v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Jan 22, 2020 | Docket: 16738443

Published

trial court, Appellant relied exclusively upon section 90.403, Florida Statutes (“Exclusion on grounds of

David Kelsey Sparre v. State of Florida & David Kelsey Sparre v. Mark S. Inch, etc.

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761664

Published

needless presentation of cumulative evidence.” § 90.403, Fla. Stat. (2011). We have explained that the

Joseph Edward Jordan v. State of Florida & Joseph Edward Jordan v. Mark S. Inch, etc.

Supreme Court of Florida | Filed: Dec 5, 2019 | Docket: 68539974

Published

irrelevant. Counsel could have objected based upon section 90.403, Florida Statutes, arguing that the probative

Terrance Washington v. State of Florida

District Court of Appeal of Florida | Filed: Oct 21, 2019 | Docket: 16357049

Published

“needless presentation of cumulative evidence.” Id.; § 90.403, Fla. Stat. (2017). In determining whether the

STATE OF FLORIDA v. ROBERT LINCOLN

District Court of Appeal of Florida | Filed: Sep 25, 2019 | Docket: 16243972

Published

evidence" as required by section 90.403. McLean, 934 So. 2d at 1256 (quoting § 90.403). "Thus, the similarity

TREMAINE BEARD v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Sep 18, 2019 | Docket: 16211759

Published

not all relevant evidence is admissible; section 90.403 mandates that “[r]elevant evidence is inadmissible

STATE OF FLORIDA v. MARCIA LYNNE SILLS

District Court of Appeal of Florida | Filed: Sep 18, 2019 | Docket: 16211760

Published

exclude the expert’s testimony pursuant to section 90.403, Florida Statutes (2017), which states, in

Strong v. Underwood

275 So. 3d 760

District Court of Appeal of Florida | Filed: Jun 21, 2019 | Docket: 64719854

Published

outweighed by the danger of unfair prejudice. See § 90.403, Fla. Stat. (2016) ("Relevant evidence is inadmissible

Strong v. Underwood

275 So. 3d 760

District Court of Appeal of Florida | Filed: Jun 21, 2019 | Docket: 64719853

Published

outweighed by the danger of unfair prejudice. See § 90.403, Fla. Stat. (2016) ("Relevant evidence is inadmissible

Rivera v. State

274 So. 3d 537

District Court of Appeal of Florida | Filed: Jun 21, 2019 | Docket: 64718357

Published

credibility. That rule can be viewed similarly to section 90.403, balancing the relevance of a defendant's potential

Bernard Cooley v. State of Florida

273 So. 3d 258

District Court of Appeal of Florida | Filed: May 28, 2019 | Docket: 15682022

Published

outweighed by the danger of unfair prejudice.” § 90.403, Fla. Stat.; see also McLean v. State, 934 So

Williams v. State

272 So. 3d 482

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 64714693

Published

evidence is admissible, except as provided by law"); § 90.403, Fla. Stat. (2017) (providing: "Relevant evidence

Williams v. State

272 So. 3d 482

District Court of Appeal of Florida | Filed: Apr 3, 2019 | Docket: 64714694

Published

evidence is admissible, except as provided by law"); § 90.403, Fla. Stat. (2017) (providing: "Relevant evidence

Philip Morris USA v. Gloger

273 So. 3d 1046

District Court of Appeal of Florida | Filed: Mar 20, 2019 | Docket: 14752819

Published

appropriate under the circumstances.” Citing to section 90.403 of the Florida Statutes, defense counsel argued

State v. Knowles

265 So. 3d 733

District Court of Appeal of Florida | Filed: Mar 8, 2019 | Docket: 64706659

Published

needless presentation of cumulative evidence." § 90.403. 934 So.2d at 1259. As demonstrated by its order

State v. Knowles

265 So. 3d 733

District Court of Appeal of Florida | Filed: Mar 8, 2019 | Docket: 64706658

Published

needless presentation of cumulative evidence." § 90.403. 934 So.2d at 1259. As demonstrated by its order

Richard Andrew Barry, III v. State of Florida

264 So. 3d 1176

District Court of Appeal of Florida | Filed: Feb 28, 2019 | Docket: 14573443

Published

such as to constitute an abuse of discretion. See § 90.403, Fla. Stat. (2017); Wright, 19 So. 3d at 292 (holding

Samuel Pitts v. State of Florida

263 So. 3d 834

District Court of Appeal of Florida | Filed: Feb 5, 2019 | Docket: 14534770

Published

and prejudicial effect of the evidence under section 90.403, Florida Statutes. See McLean, 934 So. 2d at

Joshea J. Gilliams v. State of Florida

262 So. 3d 869

District Court of Appeal of Florida | Filed: Jan 22, 2019 | Docket: 13585173

Published

presentation of cumulative evidence.” Fla. Stat. § 90.403. The Florida Supreme Court long ago held:

Int'l Sec. Mgmt. Grp., Inc. v. Rolland

271 So. 3d 33

District Court of Appeal of Florida | Filed: Dec 28, 2018 | Docket: 64713517

Published

needless presentation of cumulative evidence." § 90.403, Fla. Stat. (2016). Here, any probative value

Int'l Sec. Mgmt. Grp., Inc. v. Rolland

271 So. 3d 33

District Court of Appeal of Florida | Filed: Dec 28, 2018 | Docket: 64713518

Published

needless presentation of cumulative evidence." § 90.403, Fla. Stat. (2016). Here, any probative value

Citizens Property Ins. Corp. v. Ballester

259 So. 3d 977

District Court of Appeal of Florida | Filed: Nov 29, 2018 | Docket: 8342191

Published

available third-party benefits is inadmissible.” § 90.403, Fla. Stat.

John William Campbell v. State of Florida & SC18-260 John William Campbell v. Julie L. Jones, etc.

271 So. 3d 914

Supreme Court of Florida | Filed: Nov 29, 2018 | Docket: 8342339

Published

admissible, except as provided by law." However, section 90.403, Florida Statutes (2018), states: "Relevant

James A. Taylor v. State

256 So. 3d 950

District Court of Appeal of Florida | Filed: Sep 24, 2018 | Docket: 7989227

Published

presentation of cumulative evidence.” § 90.403. The similarity of the collateral

Bruce Fuller v. State

257 So. 3d 521

District Court of Appeal of Florida | Filed: Sep 24, 2018 | Docket: 7989232

Published

merely established his historical use of drugs. See § 90.403, Fla. Stat. (2017). Additionally, the

William J. Cormier III v. State of Florida

253 So. 3d 75

District Court of Appeal of Florida | Filed: Aug 3, 2018 | Docket: 7587952

Published

outweighed by the danger of unfair prejudice . . . .” § 90.403, Fla. Stat. (2012). “Photographs are admissible

Felice John Veach v. State of Florida

District Court of Appeal of Florida | Filed: Jul 9, 2018 | Docket: 7386601

Published

needless presentation of cumulative evidence.” § 90.403, Fla. Stat. (2016). “‘Relevant evidence is inherently

MARLON JOEL GRIMES v. STATE OF FLORIDA

248 So. 3d 150

District Court of Appeal of Florida | Filed: Jun 6, 2018 | Docket: 7061989

Published

Thus, his objection was lodged pursuant to section 90.403, Florida Statutes (2016), which provides that

JOSEPH PIERRE v. STATE OF FLORIDA

246 So. 3d 545

District Court of Appeal of Florida | Filed: May 16, 2018 | Docket: 6716312

Published

material fact.” § 90.401, Fla. Stat. (2007). Section 90.403, Florida Statutes (2007), establishes

Jason Don Thompson v. State of Florida

237 So. 3d 1160

District Court of Appeal of Florida | Filed: Feb 8, 2018 | Docket: 6300933

Published

statements without conducting a balancing test under section 90.403, Florida Statutes (2015). He argues that although

Jeffrey R. Nolley v. State of Florida

237 So. 3d 469

District Court of Appeal of Florida | Filed: Feb 8, 2018 | Docket: 6300932

Published

of the defendant is inadmissible pursuant to section 90.403, Florida Statutes, which excludes relevant

Dontae R. Morris v. State of Florida

Supreme Court of Florida | Filed: Jan 11, 2018 | Docket: 6259326

Published

outweighed by the danger of unfair prejudice. See § 90.403, Fla. Stat. An admission of a party opponent

Vahtiece Alfonzo Kirkman v. State of Florida

Supreme Court of Florida | Filed: Jan 11, 2018 | Docket: 6259324

Published

substantially outweighed the probative value. § 90.403, Fla. Stat. (2015); see also Victorino v. State

Burton v. State

District Court of Appeal of Florida | Filed: Dec 13, 2017 | Docket: 6240847

Published

that all relevant evidence is admissible, section 90.403 provides for the exclusion of relevant evidence

DARNELL RAZZ v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 29, 2017 | Docket: 6232652

Published

outweighed by the danger of unfair prejudice. § 90.403, Fla. Stat. (2016). The State presented evidence

Kirkland-Williams v. State

230 So. 3d 580

District Court of Appeal of Florida | Filed: Nov 3, 2017 | Docket: 6185392

Published

outweighed by the danger of unfair prejudice. See § 90.403 (“Relevant evidence is inadmissible if its probative

Timothy Carlos Coffey v. State of Florida

228 So. 3d 179, 2017 WL 3864053

District Court of Appeal of Florida | Filed: Sep 5, 2017 | Docket: 6147626

Published

needless presentation of cumulative evidence,” § 90.403, Fla. Stat. (2014). The trial court, having

Harrison v. Gregory

221 So. 3d 1273, 2017 WL 2885599, 2017 Fla. App. LEXIS 9713

District Court of Appeal of Florida | Filed: Jul 7, 2017 | Docket: 6119612

Published

statement was nevertheless inadmissible pursuant to section 90.403, Florida Statutes (2012), because its probative

MARCUS JAMAL JERRY v. STATE OF FLORIDA

225 So. 3d 246, 2017 WL 2859226, 2017 Fla. App. LEXIS 9635

District Court of Appeal of Florida | Filed: Jul 5, 2017 | Docket: 6085985

Published

prejudicial nature of the photographs. See § 90,403, Fla. Stat. (2015). Although this Court was able

Freeman Crosby v. State

222 So. 3d 629, 2017 Fla. App. LEXIS 9121, 2017 WL 2729867

District Court of Appeal of Florida | Filed: Jun 23, 2017 | Docket: 6082872

Published

863 So.2d 323, 327 (Fla. 3d DCA 2003) (citing § 90.403, Fla. Stat. (1997)). “The admission of improper

Steven Anthony Cozzie v. State of Florida

225 So. 3d 717, 42 Fla. L. Weekly Supp. 579, 2017 WL 1954976, 2017 Fla. LEXIS 1063

Supreme Court of Florida | Filed: May 11, 2017 | Docket: 6060821

Published

and its cumulative prejudicial effect under section 90.403, Florida Statutes, the record shows that, to

Knight v. State

217 So. 3d 1194, 2017 WL 1929681, 2017 Fla. App. LEXIS 6576

District Court of Appeal of Florida | Filed: May 10, 2017 | Docket: 6060362

Published

prejudice, and therefore was inadmissible under section 90.403 of the Florida Statutes. 1 Because

Dontae Morris v. State of Florida

219 So. 3d 33, 42 Fla. L. Weekly Supp. 502, 2017 WL 1506853, 2017 Fla. LEXIS 929

Supreme Court of Florida | Filed: Apr 27, 2017 | Docket: 5813562

Published

outweighed by the danger of unfair prejudice. See § 90.403, Fla. Stat. An admission of a party opponent is

Terence Tobias Oliver v. State of Florida

214 So. 3d 606, 42 Fla. L. Weekly Supp. 424, 2017 Fla. LEXIS 750

Supreme Court of Florida | Filed: Apr 6, 2017 | Docket: 4669810

Published

needless presentation of cumulative evidence.” § 90.403, Fla. Stat. (2009). “Evidence that a suspected

Woodruff v. State

208 So. 3d 1265, 2017 WL 362550, 2017 Fla. App. LEXIS 719

District Court of Appeal of Florida | Filed: Jan 25, 2017 | Docket: 4573203

Published

confusion of issues, or misleading the jury. See § 90.403, Fla. Stat. (2015); McLean v. State, 934 So.2d

Reginald Greenwich v. State

207 So. 3d 258, 2016 Fla. App. LEXIS 13519

District Court of Appeal of Florida | Filed: Sep 9, 2016 | Docket: 4422655

Published

the danger of unfair prejudice. See § 90.403, Fla. Stat. (2013) (“Relevant evidence is inadmissible

Bowles v. State

198 So. 3d 1055, 2016 Fla. App. LEXIS 12458, 2016 WL 4381840

District Court of Appeal of Florida | Filed: Aug 17, 2016 | Docket: 60256390

Published

needless presentation of cumulative evidence.” § 90.403, Fla. Stat. (2014). The trial court overruled

Juan De Los Rios v. State of Florida

193 So. 3d 111, 2016 Fla. App. LEXIS 7959, 2016 WL 3002176

District Court of Appeal of Florida | Filed: May 25, 2016 | Docket: 3071394

Published

probative value.” 920 So.2d at 1208-09 (citing § 90.403,Fla. Stat.).. We hold that the trial court

Jason D. Allen v. State of Florida

192 So. 3d 554, 2016 WL 2894100, 2016 Fla. App. LEXIS 7637

District Court of Appeal of Florida | Filed: May 18, 2016 | Docket: 3071416

Published

The rule of evidence applicable here is section 90.403, Florida Statutes (2013), which provides, in

Michael P. Opsincs v. State of Florida

185 So. 3d 654, 2016 Fla. App. LEXIS 1901, 2016 WL 514235

District Court of Appeal of Florida | Filed: Feb 10, 2016 | Docket: 3035026

Published

cumulative evidence.” § 90.403, Fla. Stat. (2013). “The unfair prejudice that section 90.403 attempts to eliminate

Raul Eduardo Banegas-Membran v. State of Florida

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

exclude evidence of a witnesses] bias under section 90.403.”). The alternative avenues of impeachment

Patrick Albert Evans v. State of Florida Corrected Opinion

Supreme Court of Florida | Filed: Dec 10, 2015 | Docket: 3019910

Published

outweighed by the danger of unfair prejudice. § 90.403, Fla. Stat. (2014). If the trial court erred in

Jonathan D. Walker v. State of Florida

180 So. 3d 1154, 2015 Fla. App. LEXIS 18415, 2015 WL 8294774

District Court of Appeal of Florida | Filed: Dec 9, 2015 | Docket: 3019344

Published

the “party opponent” exception. It argues the section 90.403 balancing test weighed in its favor and any

John Lee Taylor v. Seketa Culver

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

danger of unfair prejudice, see section 90.403, Florida Statutes (2014), where relevant evidence

Maniglia v. Carpenter

182 So. 3d 18, 2015 Fla. App. LEXIS 16609, 2015 WL 6738849

District Court of Appeal of Florida | Filed: Nov 4, 2015 | Docket: 3009679

Published

substantially'outweighed its probative value under section 90.403, Florida Statutes (2015). Carpenter argued

& SC13-1065 Harold Blake v. State of Florida and Harold Blake v. Timothy H. Cannon, etc. Corrected Opinion

Supreme Court of Florida | Filed: Sep 17, 2015 | Docket: 2816845

Published

the testimony could have been excluded under section 90.403, Florida Statutes (2005), which provided that

Ramroop v. State

174 So. 3d 584, 2015 Fla. App. LEXIS 13194, 2015 WL 5165545

District Court of Appeal of Florida | Filed: Sep 4, 2015 | Docket: 60250439

Published

how the victim was left after the accident.” Section 90.403, Florida Statutes (2013), provides that “[rjelevant

Cotton v. State

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

also subject to the balancing test provided in section 90.403: Accordingly, the similarity of the prior

Antarus Manche Jackson v. State of Florida

166 So. 3d 195

District Court of Appeal of Florida | Filed: Jun 10, 2015 | Docket: 2663948

Published

785 So.2d 1209, 1212-13 (Fla.2001) (citing section 90.403, Florida Statutes). 4 . Section

Victoria Teresa Jacobs a/k/a Victoria Teresa Rubin v. Atlantic Coast Refining, Inc. d/b/a ACR Industries

165 So. 3d 714, 2015 Fla. App. LEXIS 7071, 2015 WL 2214140

District Court of Appeal of Florida | Filed: May 13, 2015 | Docket: 2679343

Published

needless presentation of cumulative evidence.” § 90.403, Florida Statutes (2013). Whatever probative value

Kareem Daniel Farrell v. State of Florida

186 So. 3d 1046, 2015 Fla. App. LEXIS 7069, 2015 WL 2214148

District Court of Appeal of Florida | Filed: May 13, 2015 | Docket: 2679347

Published

expert witness’s credibility is subject to a section 90.403 balancing analysis. See Grau v. Branham, 761

Ricardo Casco v. State

150 So. 3d 838, 2014 Fla. App. LEXIS 17598, 2014 WL 5460623

District Court of Appeal of Florida | Filed: Oct 29, 2014 | Docket: 1453493

Published

needless presentation of cumulative evidence.” § 90.403, Fla. Stat. (2008). In Council v. State

Jonathon Glen Harrelson v. State of Florida

146 So. 3d 171

District Court of Appeal of Florida | Filed: Sep 22, 2014 | Docket: 1310675

Published

convincing, and if so, then to determine, under section 90.403, Florida Statutes, if the danger of unfair

Cavaliere v. State

147 So. 3d 628, 2014 Fla. App. LEXIS 14331, 2014 WL 4671450

District Court of Appeal of Florida | Filed: Sep 12, 2014 | Docket: 1223489

Published

is admissible, unless precluded by law.”). Section 90.403, which provides that “[r]elevant evidence is

Stewart v. State

147 So. 3d 119, 2014 Fla. App. LEXIS 13089, 2014 WL 4114339

District Court of Appeal of Florida | Filed: Aug 22, 2014 | Docket: 60243117

Published

is subject to relevancy requirements and the section 90.403 balancing test, which means that the similarity

Manuel Alexandra Peralta- Morales v. State of Florida

143 So. 3d 483, 2014 WL 3734230, 2014 Fla. App. LEXIS 11605, 39 Fla. L. Weekly Fed. D 1589

District Court of Appeal of Florida | Filed: Jul 30, 2014 | Docket: 368850

Published

evidence “remains subject to weighing under section 90.403,” which requires the court to assess “whether

Oscar E. Castanon v. State

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

needless presentation of cumulative evidence.” § 90.403, Fla.Stat. (2012). As such, “the prerequisite

Cavaliere v. State

District Court of Appeal of Florida | Filed: Jul 18, 2014 | Docket: 385103

Published

admissible, unless precluded by law."). Section 90.403, which provides that "[r]elevant evidence

Philip Morris USA Inc. v. Buchanan

155 So. 3d 1156, 2014 WL 3406430, 2014 Fla. App. LEXIS 10814

District Court of Appeal of Florida | Filed: Jul 14, 2014 | Docket: 60245579

Published

as narrowed by the parties’ stipulation. See § 90.403, Fla. Stat. (2012) (“Relevant evidence is inadmissible

Spipniewski v. State

134 So. 3d 563, 2014 Fla. App. LEXIS 3974, 2014 WL 1047119

District Court of Appeal of Florida | Filed: Mar 19, 2014 | Docket: 60239287

Published

substantially outweighed by its prejudicial effect. § 90.403, Fla. Stat. (2012) (“Relevant evidence is inadmissible

Francois v. State

132 So. 3d 1206, 2014 WL 626651, 2014 Fla. App. LEXIS 2249

District Court of Appeal of Florida | Filed: Feb 19, 2014 | Docket: 60238344

Published

testimony. It is true, of course, that under section 90.403, Florida Statutes (2008), a trial court must

Richard Allen Johnson v. Michael D. Crews, etc.

Supreme Court of Florida | Filed: Jan 9, 2014 | Docket: 400986

Published

prejudice for purposes of application of the section 90.403 evidentiary balancing test. See Johnson, 969

Ramirez v. State

132 So. 3d 849, 2013 Fla. App. LEXIS 19958, 2013 WL 6636303

District Court of Appeal of Florida | Filed: Dec 18, 2013 | Docket: 60238547

Published

needless presentation of cumulative evidence.” § 90.403, Fla. Stat. (2012). In the instant case, the trial

Smith v. Geico Casualty Co.

127 So. 3d 808, 2013 WL 6212032, 2013 Fla. App. LEXIS 18895

District Court of Appeal of Florida | Filed: Nov 27, 2013 | Docket: 60236860

Published

abused its discretion in rejecting Mr. Smith’s section 90.403, Florida Statutes, argument that the videos’

People's Trust Insurance Co. v. Roddy

134 So. 3d 1071, 2013 WL 6081811, 2013 Fla. App. LEXIS 18417

District Court of Appeal of Florida | Filed: Nov 20, 2013 | Docket: 60239024

Published

Department witness as being unduly prejudicial under section 90.403, Florida Statutes (2012). The evidence was

Coddington v. Nunez

151 So. 3d 445, 2013 WL 4734042, 2013 Fla. App. LEXIS 14140

District Court of Appeal of Florida | Filed: Sep 4, 2013 | Docket: 60244452

Published

admissibility of the video simulation itself. Section 90.403, Florida Statutes (2011), provides that “[rjelevant

McCullum v. State

117 So. 3d 1162, 2013 WL 2395079, 2013 Fla. App. LEXIS 8764

District Court of Appeal of Florida | Filed: Jun 3, 2013 | Docket: 60232564

Published

needless presentation of cumulative evidence. See § 90.403, Fla. Stat. (2011); McLean v. State, 934 So.2d

Jordan v. State

104 So. 3d 1291, 2013 WL 238198, 2013 Fla. App. LEXIS 920

District Court of Appeal of Florida | Filed: Jan 23, 2013 | Docket: 60227417

Published

evidence.”) (citations and quotations omitted). Section 90.403, Florida Statutes (2011), provides, in pertinent

Bartholomew v. State

101 So. 3d 888, 2012 Fla. App. LEXIS 18969, 2012 WL 5348436

District Court of Appeal of Florida | Filed: Oct 31, 2012 | Docket: 60226435

Published

needless presentation of cumulative evidence.” § 90.403, Fla. Stat. (2010). Here, the State never alleged

Velcofski v. State

96 So. 3d 1069, 2012 WL 3822157, 2012 Fla. App. LEXIS 14852, 37 Fla. L. Weekly Fed. D 2131

District Court of Appeal of Florida | Filed: Sep 5, 2012 | Docket: 60311413

Published

outweighed by the danger of unfair prejudice. See § 90.403, Fla. Stat. (2009). We agree. “Where a trial court

Link v. Tucker

870 F. Supp. 2d 1309, 2012 U.S. Dist. LEXIS 61816, 2012 WL 1559702

District Court, N.D. Florida | Filed: May 3, 2012 | Docket: 65982463

Published

testimony violated Florida Statutes § 90.404(2)(A) and § 90.403 (Ex. I at 3-7). Petitioner did not cite in conjunction

Nshaka v. State

92 So. 3d 843, 2012 Fla. App. LEXIS 4470, 2012 WL 932684

District Court of Appeal of Florida | Filed: Mar 21, 2012 | Docket: 60310354

Published

needless presentation of cumulative evidence.” § 90.403, Fla. Stat. (2011). In a Second District Court

Barnes v. State

80 So. 3d 1117, 2012 Fla. App. LEXIS 3254, 2012 WL 633897

District Court of Appeal of Florida | Filed: Feb 29, 2012 | Docket: 2415056

Published

outweighed by the danger of unfair prejudice. § 90.403, Fla. Stat. (2005). Id. at 1283 (citations omitted)

Coleman v. State

68 So. 3d 369, 2011 Fla. App. LEXIS 13344, 2011 WL 3687403

District Court of Appeal of Florida | Filed: Aug 24, 2011 | Docket: 2360313

Published

was arrested and placed in handcuffs under section 90.403, Florida Statutes (1976). He argued the statements

Childers v. Floyd

625 F.3d 1319

Court of Appeals for the Eleventh Circuit | Filed: Jun 2, 2011 | Docket: 423643

Published

presentation of cumulative evidence.” Fla. Stat. § 90.403. Turning first to the Notice of Revocation

Childers v. Floyd

625 F.3d 1319

Court of Appeals for the Eleventh Circuit | Filed: Jun 2, 2011 | Docket: 575670

Published

presentation of cumulative evidence.” Fla. Stat. § 90.403. Turning first to the Notice of Revocation

Hayward v. State

59 So. 3d 303, 2011 Fla. App. LEXIS 5566, 2011 WL 1485608

District Court of Appeal of Florida | Filed: Apr 20, 2011 | Docket: 2361782

Published

the probative value of the testimony. See *307 § 90.403, Fla. Stat. (2008) ("Relevant evidence is inadmissible

Derival v. State

58 So. 3d 357, 2011 Fla. App. LEXIS 4770, 2011 WL 1261112

District Court of Appeal of Florida | Filed: Apr 6, 2011 | Docket: 60299330

Published

of unfair prejudice” or “misleading the jury.” § 90.403, Fla. Stat. (2009). Derival and her boyfriend

Ballard v. McNeil

785 F. Supp. 2d 1299, 2011 U.S. Dist. LEXIS 31527, 2011 WL 1103888

District Court, N.D. Florida | Filed: Mar 25, 2011 | Docket: 2015035

Published

effect must not outweigh its probative value. § 90.403, Fla. Stat. (2003); Turtle v. State, 600 So.2d

Mitsubishi Motors Corp. v. LALIBERTE

52 So. 3d 31, 2010 Fla. App. LEXIS 19098, 2010 WL 5093140

District Court of Appeal of Florida | Filed: Dec 15, 2010 | Docket: 2407295

Published

gate of section 90.403, Florida Statutes, before being presented to the jury. Indeed, section 90.403 renders

Aguiluz v. State

43 So. 3d 800, 2010 Fla. App. LEXIS 12187, 2010 WL 3239143

District Court of Appeal of Florida | Filed: Aug 18, 2010 | Docket: 60295482

Published

tending to prove or disprove a material fact.” Section 90.403, however, limits the admissibility of relevant

Harrison v. State

61 So. 3d 412, 2010 Fla. App. LEXIS 12168, 2010 WL 3238991

District Court of Appeal of Florida | Filed: Aug 18, 2010 | Docket: 2364515

Published

needless presentation of cumulative evidence. § 90.403, Fla. Stat. (2008); Steverson v. State, 695 So

Law v. State

40 So. 3d 857, 2010 Fla. App. LEXIS 10334, 2010 WL 2882496

District Court of Appeal of Florida | Filed: Jul 14, 2010 | Docket: 1667011

Published

the issue and determined that based upon a section 90.403 analysis of prejudice outweighing probative

Special v. Baux

52 So. 3d 682, 2010 Fla. App. LEXIS 9114, 2010 WL 2523942

District Court of Appeal of Florida | Filed: Jun 23, 2010 | Docket: 60297836

Published

having some relevancy, is deemed unreliable by § 90.403 as a matter of law.9 But this provision is not

Dowe v. State

39 So. 3d 407, 2010 Fla. App. LEXIS 9120, 2010 WL 2509131

District Court of Appeal of Florida | Filed: Jun 23, 2010 | Docket: 60294879

Published

needless presentation of cumulative evidence.” § 90.403, Fla. Stat. (2008). We have recognized that a

Childers v. Floyd

608 F.3d 776, 2010 U.S. App. LEXIS 11605, 2010 WL 2274481

Court of Appeals for the Eleventh Circuit | Filed: Jun 8, 2010 | Docket: 65659192

Published

Appeal rejected Childers’s claim under Fla. Stat. § 90.403 because the probative value of such evidence was

Solano v. State

35 So. 3d 930, 2010 Fla. App. LEXIS 4507, 2010 WL 1329575

District Court of Appeal of Florida | Filed: Apr 7, 2010 | Docket: 1144210

Published

marginal relevance the object might have. See § 90.403, Fla. Stat. (2007). The court precluded the introduction

Griffin v. ELLIS ALUMINUM & SCREEN, INC.

30 So. 3d 714, 2010 Fla. App. LEXIS 4204, 2010 WL 1222761

District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 465709

Published

railing failed as Griffin asserted. [2] See also Section 90.403, Florida Statutes (2008), which provides that

LaVALLEY v. State

30 So. 3d 513, 2010 Fla. App. LEXIS 3910, 2009 WL 4874760

District Court of Appeal of Florida | Filed: Mar 26, 2010 | Docket: 1639536

Published

outweighed by the danger of unfair prejudice. § 90.403, Fla. Stat. (2006); citing McLean v. State, 934

Green v. State

12 So. 3d 325, 2009 Fla. App. LEXIS 9625, 2009 WL 2031045

District Court of Appeal of Florida | Filed: Jul 15, 2009 | Docket: 60233807

Published

physician testimony under Florida Statutes section 90.403 is legally sufficient and not conclusively

Frizzle v. State

982 So. 2d 1292, 2008 WL 2356488

District Court of Appeal of Florida | Filed: Jun 11, 2008 | Docket: 1204129

Published

outweighed by the undue prejudice to appellant. See § 90.403, Fla. Stat. (2006). Reversed and Remanded For

State v. Martin

982 So. 2d 1288, 2008 WL 2356999

District Court of Appeal of Florida | Filed: Jun 11, 2008 | Docket: 1204985

Published

substantially outweighed by the danger of undue prejudice. § 90.403, Fla. Stat. (2007). The trial court did not depart

Nobles v. State

978 So. 2d 849, 2008 Fla. App. LEXIS 5079, 2008 WL 917363

District Court of Appeal of Florida | Filed: Apr 7, 2008 | Docket: 64854572

Published

be easily agitated and aggressive. Applying section 90.403, Florida Statutes, the trial court excluded

Williams v. Lowe's Home Centers, Inc.

973 So. 2d 1180, 2008 Fla. App. LEXIS 57, 2008 WL 45522

District Court of Appeal of Florida | Filed: Jan 4, 2008 | Docket: 1688571

Published

clearly have outweighed its probative value. See § 90.403, Fla. Stat. (2006). There was, however, no objection

Watts v. State

953 So. 2d 776, 2007 Fla. App. LEXIS 6118, 2007 WL 1202244

District Court of Appeal of Florida | Filed: Apr 25, 2007 | Docket: 64850113

Published

State v. Baird, 572 So.2d 904, 907 (Fla.1990)); § 90.403, Fla. Stat. (2006). Here, whether the victim possessed

State v. Gant

946 So. 2d 1291, 2007 Fla. App. LEXIS 1208, 2007 WL 283083

District Court of Appeal of Florida | Filed: Feb 2, 2007 | Docket: 64848658

Published

conducted the proper balancing test, as codified in section 90.403 of the Florida Statutes (2006). PETITION DENIED

State v. Gant

946 So. 2d 1291, 2007 Fla. App. LEXIS 1208, 2007 WL 283083

District Court of Appeal of Florida | Filed: Feb 2, 2007 | Docket: 64848658

Published

conducted the proper balancing test, as codified in section 90.403 of the Florida Statutes (2006). PETITION DENIED

Sutherland v. State

944 So. 2d 1199, 2006 Fla. App. LEXIS 21235, 2006 WL 3734108

District Court of Appeal of Florida | Filed: Dec 20, 2006 | Docket: 64848328

Published

needless presentation of cumulative evidence.” § 90.403. [[Image here]] In assessing whether the probative

Childers v. State

936 So. 2d 619, 2006 Fla. App. LEXIS 18952

District Court of Appeal of Florida | Filed: Jun 28, 2006 | Docket: 64846305

Published

in question should have been excluded under section 90.403, Florida Statutes. If any one statute on the

Childers v. State

931 So. 2d 86, 2006 Fla. App. LEXIS 17207, 2006 WL 237081

District Court of Appeal of Florida | Filed: Feb 2, 2006 | Docket: 64845369

Published

the 'evidence was properly excluded under section 90.403, Florida Statutes (2002), because the limited

Hunter v. State

905 So. 2d 977, 2005 Fla. App. LEXIS 10005, 2005 WL 1523842

District Court of Appeal of Florida | Filed: Jun 28, 2005 | Docket: 64839458

Published

the trial court abused its discretion under section 90.403, Florida Statutes (2003). This familiar statutory

Monds v. State

904 So. 2d 625, 2005 Fla. App. LEXIS 9680, 30 Fla. L. Weekly Fed. D 1559

District Court of Appeal of Florida | Filed: Jun 22, 2005 | Docket: 64839071

Published

probative and became a focal point of the case. See § 90.403, Fla. Stat. (2002). Graffs testimony regarding

Conley v. State

888 So. 2d 163, 2004 WL 2787073

District Court of Appeal of Florida | Filed: Dec 3, 2004 | Docket: 1697237

Published

probative value is outweighed by its unfair prejudice. § 90.403, Fla. Stat. Here, the collateral crime evidence

Deason v. State

881 So. 2d 58, 2004 Fla. App. LEXIS 12084, 2004 WL 1837927

District Court of Appeal of Florida | Filed: Aug 18, 2004 | Docket: 64832379

Published

substantially outweighed by some perceived danger. See § 90.403, Fla. Stat. Consequently, the trial court abused

State v. Andrews

875 So. 2d 686, 2004 Fla. App. LEXIS 7736, 2004 WL 1196602

District Court of Appeal of Florida | Filed: Jun 2, 2004 | Docket: 64831101

Published

substantially outweighed by any undue prejudice. See § 90.403, Fla. Stat. (2002); Couzo v. State, 830 So.2d

Gross v. Hodor

870 So. 2d 829, 2003 Fla. App. LEXIS 11042, 2003 WL 21697221

District Court of Appeal of Florida | Filed: Jul 23, 2003 | Docket: 64829871

Published

precluding introduction of certain evidence. Under section 90.403, Florida Statutes, the precluded evidence was

Lion Plumbing Supply, Inc. v. Suarez

844 So. 2d 768, 2003 Fla. App. LEXIS 7080, 2003 WL 21075089

District Court of Appeal of Florida | Filed: May 14, 2003 | Docket: 64822755

Published

“needless presentation of cumulative evidence.” § 90.403, Fla. Stat. (1999); see Charles W. Ehrhardt, §

Owens v. State

817 So. 2d 1006, 2002 Fla. App. LEXIS 7621, 2002 WL 1070098

District Court of Appeal of Florida | Filed: May 31, 2002 | Docket: 64815520

Published

by the unfair prejudice of its admission. See § 90.403, Fla. Stat. Owens has shown no abuse of the trial

State v. Dreggors

813 So. 2d 170, 2002 Fla. App. LEXIS 3310, 27 Fla. L. Weekly Fed. D 615

District Court of Appeal of Florida | Filed: Mar 15, 2002 | Docket: 64814120

Published

rely on other evidence to prove the crime. See § 90.403, Fla. Stat. (2001). We concede that admitting

State v. Dreggors

813 So. 2d 170, 2002 Fla. App. LEXIS 3310, 27 Fla. L. Weekly Fed. D 615

District Court of Appeal of Florida | Filed: Mar 15, 2002 | Docket: 64814120

Published

rely on other evidence to prove the crime. See § 90.403, Fla. Stat. (2001). We concede that admitting

Bryant v. State

810 So. 2d 1003, 2002 Fla. App. LEXIS 1786, 2002 WL 237425

District Court of Appeal of Florida | Filed: Feb 20, 2002 | Docket: 64813242

Published

unfair prejudice, and thus was admissible under section 90.403, Florida Statutes (2001). The admission of

Vasser v. State

807 So. 2d 760, 2002 WL 226369

District Court of Appeal of Florida | Filed: Feb 15, 2002 | Docket: 2580978

Published

danger of unfair prejudice to the defendant. See § 90.403, Fla. Stat. (2000). We find no abuse of discretion

Jean v. State

789 So. 2d 550, 2001 Fla. App. LEXIS 10330, 2001 WL 830801

District Court of Appeal of Florida | Filed: Jul 25, 2001 | Docket: 64806768

Published

State, 412 So.2d 332, 338 (Fla.1982); see also § 90.403, Fla. Stat. (1997). Defendant also contends that

David v. Brown

774 So. 2d 775, 2000 Fla. App. LEXIS 15947, 2000 WL 1781569

District Court of Appeal of Florida | Filed: Dec 6, 2000 | Docket: 64802746

Published

prejudicial effect, and should not have been admitted. § 90.403, Fla. Stat. (1999). When a trial court considers

Gonzalez v. City of Tampa

776 So. 2d 290, 2000 Fla. App. LEXIS 15905, 2000 WL 1781440

District Court of Appeal of Florida | Filed: Dec 6, 2000 | Docket: 64803229

Published

probative value of the evidence, as expressed in section 90.403 of the Florida Evidence Code. Although first

Kopko v. State

769 So. 2d 522, 2000 Fla. App. LEXIS 13831, 2000 WL 1595760

District Court of Appeal of Florida | Filed: Oct 27, 2000 | Docket: 64801102

Published

was outweighed by their prejudicial effect. See, § 90.403, Fla. Stat. Following the decision of the Florida

Walker v. State

763 So. 2d 495, 2000 Fla. App. LEXIS 8766, 2000 WL 964559

District Court of Appeal of Florida | Filed: Jul 12, 2000 | Docket: 64799023

Published

outweighed by the danger of unfair prejudice.” § 90.403, Florida Statutes. The relevancy in this case

State v. Mosley

760 So. 2d 1129, 2000 Fla. App. LEXIS 8498, 2000 WL 902274

District Court of Appeal of Florida | Filed: Jul 7, 2000 | Docket: 64798170

Published

inadmissible pursuant to section 90.402 or section 90.403. Mosley’s former testimony would definitely

Kenet v. Bailey

785 So. 2d 515, 2000 Fla. App. LEXIS 8287, 2000 WL 873193

District Court of Appeal of Florida | Filed: Jul 5, 2000 | Docket: 64805424

Published

effect outweighs its probative value under section 90.403, Florida Statutes (1997). By analogy, evidence

Hochstadt v. Sanctuary Homeowner's Ass'n

761 So. 2d 1163, 2000 Fla. App. LEXIS 6879, 2000 WL 726446

District Court of Appeal of Florida | Filed: Jun 7, 2000 | Docket: 64798501

Published

outweighed by the possibility of unfair prejudice. § 90.403, Florida Statutes (1999). On the other hand, the

Sysyn v. State

756 So. 2d 1058, 2000 Fla. App. LEXIS 4238, 2000 WL 368893

District Court of Appeal of Florida | Filed: Apr 12, 2000 | Docket: 64797038

Published

be admissible under analogous facts. Under section 90.403, Florida Statutes (1997), even relevant evidence

Persaud v. State

755 So. 2d 150, 2000 Fla. App. LEXIS 1984, 2000 WL 232622

District Court of Appeal of Florida | Filed: Mar 1, 2000 | Docket: 64796580

Published

introduce it. The trial court’s ruling was based on section 90.403, Florida Statutes (1999), which provides that

Medina v. State

748 So. 2d 360, 2000 Fla. App. LEXIS 43, 2000 WL 4822

District Court of Appeal of Florida | Filed: Jan 5, 2000 | Docket: 64793821

Published

object involved. The evidence is subject to a section 90.403 balancing. Usually demonstrative evidence is

Williams v. State

779 So. 2d 314, 1999 WL 770773

District Court of Appeal of Florida | Filed: Sep 8, 1999 | Docket: 2018886

Published

which outweighed any possible probative value. See § 90.403, Fla. Stat. (1995). Because this case turned on

Hovik v. State

737 So. 2d 1207, 1999 Fla. App. LEXIS 9904, 1999 WL 518729

District Court of Appeal of Florida | Filed: Jul 23, 1999 | Docket: 64789651

Published

within the court’s discretion to exclude. See § 90.403, Fla. Stat. Finding no other errors, we affirm

Van Hubbard v. State

748 So. 2d 288, 1998 Fla. App. LEXIS 12292, 1998 WL 658264

District Court of Appeal of Florida | Filed: Sep 28, 1998 | Docket: 64793790

Published

suspended. Such testimony was inadmissible under section 90.403, Florida Statutes (1995), because the danger

Javers v. State

712 So. 2d 443, 1998 Fla. App. LEXIS 6583, 1998 WL 299376

District Court of Appeal of Florida | Filed: Jun 10, 1998 | Docket: 64781330

Published

discretion by limiting the cross-examination. § 90.403, Fla. Stat. (1995). The defendants’ remaining

State v. Banoub

700 So. 2d 44, 1997 Fla. App. LEXIS 10229, 1997 WL 536003

District Court of Appeal of Florida | Filed: Sep 3, 1997 | Docket: 64776068

Published

tending to prove or disprove a material fact.” F.S. 90.403 states that “relevant evidence is inadmissible

Collier v. State

681 So. 2d 856, 1996 WL 595191

District Court of Appeal of Florida | Filed: Oct 18, 1996 | Docket: 1722309

Published

outweighed by the danger of unfair prejudice. See § 90.403, Fla. Stat. (1993). See also Tafero v. State,

Stinfil v. State

668 So. 2d 671, 1996 Fla. App. LEXIS 1623, 1996 WL 81779

District Court of Appeal of Florida | Filed: Feb 28, 1996 | Docket: 64762631

Published

such testimony is precluded on the basis of section 90.403. Any probative value such an opinion may possess

Roberts v. State

662 So. 2d 1308, 1995 Fla. App. LEXIS 11339, 1995 WL 621739

District Court of Appeal of Florida | Filed: Oct 25, 1995 | Docket: 64760194

Published

and the evidence should be excluded under section 90.403.” [e.s.] Thomas v. State, 599 So.2d 158, 162

Cooper v. State

659 So. 2d 442, 1995 WL 480488

District Court of Appeal of Florida | Filed: Aug 16, 1995 | Docket: 1747873

Published

admissible, the statement would be excludable under section 90.403, Florida Statutes (1991), as its probative

Winn Dixie Stores, Inc. v. Merchant

652 So. 2d 1206, 1995 Fla. App. LEXIS 3237, 1995 WL 132255

District Court of Appeal of Florida | Filed: Mar 29, 1995 | Docket: 64755313

Published

claims cost the company $72,-000,000 per year. § 90.403, Fla.Stat. (1993). *1207Winn Dixie, however, failed

Rigdon v. State

633 So. 2d 1128, 1994 Fla. App. LEXIS 2558, 1994 WL 76438

District Court of Appeal of Florida | Filed: Mar 15, 1994 | Docket: 64747021

Published

testimony could have properly been excluded under section 90.403, Florida Statutes, as being confusing or misleading

Moore v. State

623 So. 2d 608, 1993 Fla. App. LEXIS 8888, 1993 WL 331401

District Court of Appeal of Florida | Filed: Sep 1, 1993 | Docket: 64698461

Published

unnecessarily prejudiced by its admission. See, Fla.Stat. § 90.403 (1991). Reversed. GLICKSTEIN and WARNER, JJ.,

State v. Richardson

621 So. 2d 752, 1993 Fla. App. LEXIS 7071

District Court of Appeal of Florida | Filed: Jul 2, 1993 | Docket: 64697795

Published

1022, 102 S.Ct. 556, 70 L.Ed.2d 418 (1981). See § 90.403, Fla. Stat. (1991). Because evidence of collateral

State v. Richardson

621 So. 2d 752, 1993 Fla. App. LEXIS 7071

District Court of Appeal of Florida | Filed: Jul 2, 1993 | Docket: 64697795

Published

1022, 102 S.Ct. 556, 70 L.Ed.2d 418 (1981). See § 90.403, Fla. Stat. (1991). Because evidence of collateral

Vernon v. State

618 So. 2d 369, 1993 Fla. App. LEXIS 5664, 1993 WL 169167

District Court of Appeal of Florida | Filed: May 21, 1993 | Docket: 64696275

Published

eminently correct in excluding the letters under Section 90.403, Florida Statutes (1991). Next, appellant contests

Sumpter v. State

612 So. 2d 635, 1993 Fla. App. LEXIS 59, 1993 WL 5852

District Court of Appeal of Florida | Filed: Jan 13, 1993 | Docket: 64693746

Published

evidence.” Id. at 1038 (footnote omitted). See also § 90.403, Fla.Stat. (1989). It is instructive to note that

Parsons v. State

608 So. 2d 67, 1992 Fla. App. LEXIS 10698, 1992 WL 282064

District Court of Appeal of Florida | Filed: Oct 16, 1992 | Docket: 64691772

Published

substantially by the danger of unfair prejudice. See § 90.403, Fla.Stat. (1989). Although the trial judge gave

Daniels v. State

606 So. 2d 482, 1992 Fla. App. LEXIS 10694, 1992 WL 282065

District Court of Appeal of Florida | Filed: Oct 16, 1992 | Docket: 64670688

Published

outweighed by the danger of unfair prejudice, Section 90.403. Graham, supra, at 584-86 (footnotes omitted)

Pallay v. Pallay

605 So. 2d 582, 1992 Fla. App. LEXIS 10237, 1992 WL 240592

District Court of Appeal of Florida | Filed: Sep 30, 1992 | Docket: 64670057

Published

does not pertain here. But we would refer to section 90.403 for some support in holding that, considering

Perry v. State

593 So. 2d 620, 1992 Fla. App. LEXIS 1630, 1992 WL 29038

District Court of Appeal of Florida | Filed: Feb 21, 1992 | Docket: 64665284

Published

moving “for exclusion of the evidence under section 90.-403 ‘if its probative value is substantially outweighed

Jiminez v. State

589 So. 2d 1043, 1991 Fla. App. LEXIS 12945, 1991 WL 267970

District Court of Appeal of Florida | Filed: Dec 17, 1991 | Docket: 64663316

Published

and would not have required exclusion under section 90.403, Florida Statutes (1989). See generally State

Andalora v. Lindenberger

576 So. 2d 354, 1991 Fla. App. LEXIS 1728, 1991 WL 27515

District Court of Appeal of Florida | Filed: Mar 6, 1991 | Docket: 64657310

Published

items. The relevancy of this testimony, under section 90.403, Florida Statutes (1978), is tenuous at best

Kutner v. State, Department of Highway Safety & Motor Vehicles

568 So. 2d 973, 1990 Fla. App. LEXIS 7721, 1990 WL 149785

District Court of Appeal of Florida | Filed: Oct 9, 1990 | Docket: 64653884

Published

outweighed by the danger of unfair prejudice. § 90.403, Fla.Stat. (1989). In this case, the Department

Hernandez v. Miami Skyways Hotel Partnership

564 So. 2d 574, 1990 Fla. App. LEXIS 5266, 1990 WL 102671

District Court of Appeal of Florida | Filed: Jul 24, 1990 | Docket: 64651865

Published

v. Acevedo, 528 So.2d 461 (Fla. 3d DCA 1988); § 90.403, Fla.Stat. (1983); see also Simmons v. Baptist

Mapps v. Wolff

561 So. 2d 397, 1990 Fla. App. LEXIS 3181, 1990 WL 58559

District Court of Appeal of Florida | Filed: May 9, 1990 | Docket: 64650651

Published

testimony and any resulting error was harmless. § 90.403, Fla.Stat. (1985). We acknowledge that the allega*399tions

Hall ex rel. Hall v. Daee

570 So. 2d 296, 1990 Fla. App. LEXIS 2605, 1990 WL 45526

District Court of Appeal of Florida | Filed: Apr 17, 1990 | Docket: 64654649

Published

v. Rosomoff, 407 So.2d 941 (Fla. 3d DCA 1981); § 90.403, Fla.Stat. (1989). GERSTEN and GODERICH, JJ.,

Perez v. State

557 So. 2d 121, 1990 Fla. App. LEXIS 779, 1990 WL 11779

District Court of Appeal of Florida | Filed: Feb 13, 1990 | Docket: 64648421

Published

discretion to limit the cross-examination under section 90.403, Florida Statutes (1987). cf. Duncomb v. State

Palmer v. State

548 So. 2d 277, 14 Fla. L. Weekly 2054, 1989 Fla. App. LEXIS 4878, 1989 WL 101066

District Court of Appeal of Florida | Filed: Sep 1, 1989 | Docket: 64644629

Published

testimony of the custodian of the records. Section 90.403, Florida Statutes (1987), provides: “Relevant

Paul v. State

547 So. 2d 295, 1989 Fla. App. LEXIS 4449, 1989 WL 88035

District Court of Appeal of Florida | Filed: Aug 8, 1989 | Docket: 64644191

Published

Stell, 407 So.2d 642, 643 (Fla. 4th DCA 1981); § 90.403, Fla.Stat. (1987); Fla.R. Crim.P. 3.220(d)(1)

Williams v. State

539 So. 2d 563, 14 Fla. L. Weekly 604, 1989 Fla. App. LEXIS 1142, 1989 WL 20698

District Court of Appeal of Florida | Filed: Mar 8, 1989 | Docket: 64640868

Published

outweighed by the danger of unfair prejudice. § 90.403, Fla.Stat. (1987). Because the state candidly

Johnson v. State

534 So. 2d 1212, 13 Fla. L. Weekly 2604, 1988 Fla. App. LEXIS 5269, 1988 WL 125636

District Court of Appeal of Florida | Filed: Nov 30, 1988 | Docket: 64639065

Published

of the victim in his last moments of life. See § 90.403, Fla.Stat. (1987); Young v. State, 234 So.2d 341

Brown v. State

532 So. 2d 1326, 13 Fla. L. Weekly 2424, 1988 Fla. App. LEXIS 4768, 1988 WL 114723

District Court of Appeal of Florida | Filed: Nov 1, 1988 | Docket: 64638112

Published

outweighed by the danger of unfair prejudice. § 90.403, Fla.Stat. (1987). This is particularly true here

Swafford v. State

533 So. 2d 270, 13 Fla. L. Weekly 595, 1988 Fla. LEXIS 1070

Supreme Court of Florida | Filed: Sep 29, 1988 | Docket: 64638288

Published

danger of unfair prejudice to an accused. See § 90.403, Fla.Stat. (1985). Swafford also argues that his

Forrest v. State

513 So. 2d 151, 12 Fla. L. Weekly 1968, 1987 Fla. App. LEXIS 12355

District Court of Appeal of Florida | Filed: Aug 11, 1987 | Docket: 64629760

Published

and it was therefore inadmissible pursuant to Section 90.403, Florida Statutes. We could agree if the civil

Carnival Cruise Lines, Inc. v. Rodriguez

505 So. 2d 550, 12 Fla. L. Weekly 953, 1987 Fla. App. LEXIS 7542

District Court of Appeal of Florida | Filed: Apr 7, 1987 | Docket: 64626415

Published

admission outweighed its probative value. See § 90.403, Fla.Stat. (1983); Fed.R.Evid. 403. The log listed

Duffell v. South Walton Emergency Services, Inc.

501 So. 2d 1352, 12 Fla. L. Weekly 396

District Court of Appeal of Florida | Filed: Jan 26, 1987 | Docket: 64624838

Published

should have complied with the provisions of Section 90.-403, Florida Statutes, stating in part that “relevant

Roby ex rel. Roby v. Kingsley

492 So. 2d 789, 11 Fla. L. Weekly 1723, 1986 Fla. App. LEXIS 9290

District Court of Appeal of Florida | Filed: Aug 7, 1986 | Docket: 64621030

Published

outweighed by the danger of unfair prejudice. Section 90.403, Florida Statutes. We reverse the fourth issue

Lawhorne v. State

481 So. 2d 19, 10 Fla. L. Weekly 2672, 1985 Fla. App. LEXIS 17135

District Court of Appeal of Florida | Filed: Dec 3, 1985 | Docket: 64616553

Published

trial in the instant one respectively. But see § 90.403, Fla.Stat. (1983).

Ellis v. Ham

462 So. 2d 28, 9 Fla. L. Weekly 2595, 1984 Fla. App. LEXIS 16694

District Court of Appeal of Florida | Filed: Dec 11, 1984 | Docket: 64609232

Published

outweighed the probative value of the evidence. § 90.403, Fla.Stat. (1981). Reversed and remanded for a

Maynard v. State

455 So. 2d 632, 9 Fla. L. Weekly 1932, 1984 Fla. App. LEXIS 14967

District Court of Appeal of Florida | Filed: Sep 13, 1984 | Docket: 64606726

Published

1005, 82 S.Ct. 636, 7 L.Ed.2d 543 (1962), and section 90.403, Florida Statutes (1983), and have determined

Mazepa v. State

439 So. 2d 1029, 1983 Fla. App. LEXIS 23604

District Court of Appeal of Florida | Filed: Nov 1, 1983 | Docket: 64600322

Published

some other specific rule of exclusion, e.g., Section 90.403, Florida Statutes (1981) (evidence inadmissible

Plasencia v. State

426 So. 2d 1051, 1983 Fla. App. LEXIS 18540

District Court of Appeal of Florida | Filed: Jan 25, 1983 | Docket: 64595099

Published

See State v. Vazquez, 419 So.2d 1088 (Fla.1982); § 90.403, Fla.Stat. (1981). The state’s alternative argument

Bolden v. State

404 So. 2d 417, 1981 Fla. App. LEXIS 21241

District Court of Appeal of Florida | Filed: Oct 8, 1981 | Docket: 64585399

Published

evidentiary value of the facts submitted. See Section 90.403, Florida Statutes (1979), and Buchman v. Seaboard