The 2024 Florida Statutes
|
||||||
|
. . . Section 90.405, Florida Statutes, dictates the methods of proving character at trial. . . . Under section 90.405(1), any time a person's character is admissible, it may be proven by evidence of . . . specific instances of conduct unless character is "an essential element of a charge, claim, or defense." § 90.405 . . . This is effectively specific-act character testimony under section 90.405(2), and because Pitts's character . . . that testimony about his reputation for sexual non-violence should have been admitted under section 90.405 . . .
. . . (ii) establish a foundation for William Farmer’s testimony to satisfy the requirements of sections 90.405 . . . fleeting encounters, or rumor, and was insufficient to satisfy the admissibility predicate of section 90.405 . . . Id. at 895; see also § 90.405(1) (“When evidence of the character of a person or of a trait of that person . . .
. . . However, to admit reputation evidence under section 90.405(1), Florida Statutes, a witness must establish . . .
. . . Court also discussed the potential admissibility of the prior recantation under sections 90.610 and 90.405 . . . The Court also found the recantation would be inadmissible under section 90.405(2) because the victim . . .
. . . Section 90.405(2), Florida Statutes (2008), provides that, “[w]hen character or a trait of character . . .
. . . Even if he had, opinion testimony is the recognized method of proving character, section 90.405(1), Florida . . .
. . . predicate: Section 90.405 governs the type of evidence that may be used to prove reputation. . . . State, 578 So.2d 811, 813 (Fla. 3d DCA 1991) (holding that section 90.405, Florida Statutes, “specifically . . . .2d 451, 469 (Fla.2006) (“As a predicate to the introduction of ... reputation evidence, ... section 90.405 . . . Therefore, the trial court did not abuse its discretion by excluding Farmer’s testimony under section 90.405 . . . Section 90.405(1), Florida Statutes (2005), reads as follows: Reputation. — When evidence of the character . . .
. . . . § 90.405(1) (permitting reputation evidence). . . .
. . . Next, Pantoja argues that the victim’s prior accusation should have been admitted under section 90.405 . . . Section 90.405(2) provides, ‘When character or a trait of character of a person is an essential element . . . “Were this court to expand the narrow application of section 90.405(2)’s character at issue provision . . . Likewise, Pantoja contends that evidence of a prior accusation is admissible under section 90.405(2) . . . There is some support for this argument [that a prior false accusation is admissible under section 90.405 . . .
. . . See § 90.405, Fla. Stat. (2009). . . .
. . . State, 578 So.2d 811, 813 (Fla. 3d DCA 1991) (holding that section 90.405, Florida Statutes, does not . . .
. . . his reputation for sexual morality was error because it was admissible under section 90.404(l)(a) and 90.405 . . . Section 90.405, Florida Statutes (2008), dictates the methods of proving character at trial. . . . Under section 90.405(1), any time a person’s character is admissible, it may be proven by evidence of . . . conduct unless that person’s character is “an essential element of a charge, claim, or defense.” § 90.405 . . . See § 90.405 (listing the proper methods of proving character and omitting opinion testimony from the . . .
. . . Appellant contends that the evidence of the victim’s prior accusations could have been admitted under 90.405 . . .
. . . presenting a predicate to admit character evidence of the victim under sections 90.404(l)(b)l. and 90.405 . . .
. . . Ehrhardt, § 404.6 (Emphasis added); § 90.405, Fla. Stat. (2006); see Dupree, 615 So.2d at 721. . . .
. . . Section 90.405(2), Florida Statutes (1985) allows proof of specific incidents of conduct where that evidence . . . of character of a person is an essential element of a charge, claim, or defense pursuant to section 90.405 . . . Were this court to expand the narrow application of section 90.405(2)’s character at issue provision . . .
. . . “It is clear that nothing under section 90.405 nor in the case law of Florida authorizes the defense . . .
. . . . § 90.405(1), Fla. Stat. (2004). . . .
. . . As a predicate to the introduction of such reputation evidence, however, section 90.405, Florida Statutes . . .
. . . under section 90.404 but that the method of proving the issue of character is resolved under section 90.405 . . . Typically, Williams rule evidence is admitted as "specific instance” evidence under section 90.405(2) . . .
. . . State, 578 So.2d 811, 813 (Fla. 3d DCA 1991) (holding that section 90.405, Florida Statutes, does not . . .
. . . State, 578 So.2d 811, 813 (Fla. 3d DCA 1991) (holding that section 90.405, Florida Statutes, does not . . .
. . . This type of reputation evidence is admissible pursuant to sections 90.404 and 90.405, Florida Statutes . . .
. . . . § 90.405(1), Fla. Stat. (2000). . . . . § 90.405(2), Fla. Stat. (2000). . . .
. . . In this instance, the admission of the rebuttal evidence violated . sections 90.404(l)(c) and 90.405( . . .
. . . specific acts of misconduct, the court noted an exception to that rule which allows, based on section 90.405 . . .
. . . Section 90.405, Florida Statutes (1998), provides that character may be proved by reputation or by specific . . . The comments to section 90.405 explain that, “The section [§ 90.405, Methods of proving character] confines . . .
. . . Section 90.405 entitled “Methods of proving character,” provides that when evidence of character is admissible . . . Addressing both sections 90.609 and 90.405, our supreme court stated: Essentially, it must be established . . .
. . . To prove reputation under section 90.405, Florida Statutes (1997) it is necessary to lay the foundation . . .
. . . This is contrary to sections 90.404(l)(a) and 90.405(1), Florida Statutes (1995). . . .
. . . Section 90.405 governs the type of evidence that may be used to prove reputation. . . .
. . . . § 90.405(2), Fla.Stat. (1989); Tallahassee Furniture Co., Inc. v. . . .
. . . evidence was admissible under section 90.404, it nonetheless would have been inadmissible under Section 90.405 . . . Section 90.405 provides: (1) REPUTATION. — When evidence of the character of a person or of a trait of . . . Therefore, such evidence was inadmissible under section 90.405. See, e.g., Taylor v. . . .
. . . appellant was properly allowed to introduce evidence of Newton’s reputation for violence under Section 90.405 . . . Therefore, appellant should have been permitted to testify under Section 90.405(2), Florida Statutes . . .
. . . Further, the Florida evidence code, Section 90.405(2), Florida Statutes, provides that when character . . .
. . . defendant did not fit the profile of a pedophile was disallowed because the court considered that section 90.405 . . .
. . . Additionally, section 90.405, Florida Statutes (1987), specifically limits the introduction of character . . .
. . . admissible evidence on the issue of self-defense is character evidence which is governed by section 90.405 . . . 90.404, Florida Statutes, and when admissible, it may be proven by the methods set forth in section 90.405 . . . determination of admissability of the evidence excluded in the instant case is not governed by section 90.405 . . .
. . . . § 90.405, Fla.Stat.; see, e.g., Smith, 410 So.2d at 580-81. . . .
. . . Even if he had, opinion testimony is the recognized method of proving character, section 90.405(1), Florida . . .
. . . be admitted where character, or a trait of character, is an element of a claim or defense, section 90.405 . . .
. . . Moreover, the circumstances here do not implicate section 90.405.(2) since the attempted cross-examination . . .
. . . State, 452 So.2d 98 (Fla. 1st DCA 1984); § 90.405(1), Fla.Stat. (1987), and of particular acts of violence . . .
. . . .§ 90.405(2), Fla.Stat. (1987); M. Graham, Handbook of Florida Evidence § 405.2, at 232 (1987). . . .
. . . Section 90.405(2) specifically limits the use of character evidence by means of specific instances of . . . Section 90.405(2), Florida Statutes (1985) allows proof of specific incidents of conduct where that evidence . . .
. . . . § 90.405 (1985) as authority for this argument. . . . argues that the appropriate rebuttal evidence to her good character is reputation evidence under F.S. § 90.405 . . . Its final contention is that F.S. § 90.405(2) allows it to rebut pertinent traits by the use of specific . . . Section 90.405(1) of the Florida Statutes (1985) provides that “[w]hen evidence of the character of a . . .
. . . testified concerning appellant’s reputation for peacefulness the State, in accordance with section 90.405 . . .
. . . See §§ 90.404 — 90.405, Fla. Stat. (1985). We reverse and remand for a new trial. . . .
. . . Under the Florida Evidence Code, sections 90.404(l)(b)l and 90.405(1), Florida Statutes (1985), the accused . . .
. . . State, 429 So.2d 338 (Fla. 2d DCA 1983); §§ 90.404(l)(a), 90.405, Fla. Stat. (1983). . . .
. . . State, 410 So.2d 950 (Fla. 5th DCA), rev. denied, 419 So.2d 1201 (Fla.1982); section 90.405(1), Florida . . .
. . . Although specific instances of violence by the person involved are not ordinarily admissible, see Section 90.405 . . . Before the enactment of the 1978 amendment, section 90.405(1) provided in part: “On cross examination . . . State, 49 So.2d 332 (Fla.1950).” 6B Florida Statutes Annotated § 90.405 at 425. . . .
. . . . § 90.405, Fla.Stat. (1981). . . .
. . . This argument, however, omits the pertinent reference to section 90.405, Florida Statutes (1979), which . . . It is clear that nothing under section 90.405 nor in the case law of Florida authorizes the defense to . . .
. . . See § 90.405, Fla.Stat. (1979); 1 Wigmore on Evidence, § 193, at 642 (3d Ed. 1940). . . . .
. . . . §§ 90.404(1), 90.405, Fla.Stat. (1979). . . .
. . . . § 90.405(2) (1979). . . .