ELMS

v.

UNITED STATES ET AL.

Citator

Cited By (91 total)

• Brown v. M. David Sims, M.D., 538 So. 2d 901 (Fla. 3d DCA 1989)
  …is only unfair prejudice, substantially outweighing probative value, which permits exclusion of relevant matter. See United States v. Roark, 753 F. 2d 991 (11th Cir.1985), (citing United States v. McRae, 593 F. 2d 700, 707 (5th Cir.)), cert. denied, 444 U.S. 862, 100 S.Ct. 128, 62 L.Ed.2d 83 (1979). VII. CROSS-APPEAL OF DR. KEEDY Relying upon this court’s opinion in Valcin v. Public Health Trust Of Dade County, 473 So. 2d 1297 (Fla. 3d DCA 1984), the trial court shifted the burden to Dr. Keedy to prove t…
• United States v. Thevis, 665 F.2d 616 (5th Cir. 1982)
  …ence. Nevertheless, because it permits a trial court to exclude concededly probative evidence, Rule 403 is an extraordinary remedy which should be used sparingly. As this court noted in United States v. McRae, 593 F. 2d 700 (5th Cir.), cert. denied, 444 U.S. 862, 100 S.Ct. 128, 62 L.Ed.2d 83 (1979): Relevant evidence is inherently prejudicial; but it is only unfair prejudice substantially outweighing probative value, which permits exclusion of relevant matter under Rule 403. Unless trials are to [*634] be…
• Lamb v. Jernigan, 683 F.2d 1332 (11th Cir. 1982)
  …d explicitly inform the jury that it is only permitted — and not obligated — to draw the inference described, e.g., United States v. Ross, 626 F. 2d 77, 79-80 (9th Cir. 1980); United States v. McRae, 593 F. 2d 700, 705 (5th Cir. 1978), cert. denied, 444 U.S. 862, 100 S.Ct. 128, 62 L.Ed.2d 83 (1979), perfection is not the constitutional standard. . The charges in those cases, in addition to language very similar to the malice instruction at issue, included a paragraph stating that once the prosecution prove…