DONALD E. HOLCY, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Gizaw v. State, 71 So. 3d 214 (Fla. 2d DCA 2011)
  …n allowing the deputy and detectives to testify regarding patterns of behavior related to drug trafficking. She asserts that such testimony about generalized patterns of criminal behavior presented as proof of guilt is improper. See Austin v. State, 44 So. 3d 1260, 1262 (Fla. 1st DCA 2010) ("Testimony about the general behavior of certain kinds of offenders is inadmissible as substantive proof of a defendant’s guilt.”); White v. State, 971 So. 2d 972, 973 (Fla. 4th DCA 2008) ("General criminal behavior testim…
• Smith v. State, 152 So. 3d 1279 (Fla. 1st DCA 2015)
  …y looks like?” This testimony invaded the province of the jury by suggesting the inference to be drawn from the facts by comparison to general patterns of criminal behavior, and it was unfairly prejudicial against the defendant. See Austin v. State, 44 So. 3d 1260, 1262 (Fla. 1st DCA 2010) (“Testimony about the general behavior of certain kinds of offenders is inadmissible as substantive proof of a defendant’s guilt. Every defendant has the right to be tried on the evidence, not on the general characteristics…
• Oyler v. State, 162 So. 3d 200 (Fla. 5th DCA 2015)
  …sary to address an evidentiary issue raised by Appellant, I think the trial judge erred in allowing the officers to tes [*202] tify regarding the reputation of the “Plenty of Fish” dating website. This evidence was not relevant. See Austin v. State, 44 So. 3d 1260, 1262-63 (Fla. 1st DCA 2010) (error in drug trafficking case in allowing trooper’s testimony regarding “general behavior patterns” of drug dealers; defendant has right to be tried on evidence, not general characteristics or conduct of certain types…