WILLIAM F. PHILLIPS, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By (67 total)

• McDUFFIE v. State, 970 So. 2d 312 (Fla. 2007)
  …t the evidence be excluded.” Alston v. State, 723 So. 2d 148, 156 (Fla.1998). “Unfair prejudice” has been described as “an undue tendency to suggest decision on an improper basis, commonly, though not necessarily, an emotional one.” Brown v. State, 719 So. 2d 882, 885 (Fla.1998) (quoting Old Chief v. United States, 519 U.S. 172, 180, 117 S.Ct. 644, 136 L.Ed.2d 574 (1997)). This rule of exclusion “is directed at evidence which inflames the jury or appeals improperly to the jury’s emotions.” Steverson v. State…
• Puryear v. State, 810 So. 2d 901 (Fla. 2002)
  …gnificant change in circumstances since the adoption of the legal rule, see Weiand v. State, 732 So. 2d 1044, 1055 n. 12 (Fla.1999), or where there has been an error in legal analysis. See Gray, 654 So. 2d at 554 (Fla.1995); see also Brown v. State, 719 So. 2d 882, 890 (Fla.1998) (Wells, J., dissenting) (“[I]ntel-lectual honesty continues to demand that precedent be followed unless there has been a clear showing that the earlier decision was factually or legally erroneous or has not proven acceptable in actua…
• Tavares J. Wright v. State, 19 So. 3d 277 (Fla. 2009)
  …bative value of the evidence should it be excluded.” Id. (emphasis supplied). “Unfair prejudice” has been described as “an undue tendency to suggest decision on an improper basis, commonly, though not necessarily, an emotional one.” Brown v. State, 719 So. 2d 882, 885 (Fla.1998) (quoting Old Chief v. United States, 519 U.S. 172, 117 S.Ct. 644, 136 L.Ed.2d 574 (1997)). This rule of exclusion “is directed at evidence which inflames the jury or appeals improperly to the jury’s emotions.” Steverson v. State, 695…

Authorities Cited

• J.B. v. State, 705 So. 2d 1376 (Fla. 1998)
• Johnson v. State, 569 So. 2d 872 (Fla. 2d DCA 1990)
• Jodrey v. SCI Funeral Servs. OF Fla., Inc., 689 So. 2d 453 (Fla. 3d DCA 1997)