The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . (citing §§ 90.402, 90.403, Fla. Stat.). . . .
. . . inextricably intertwined with the charged offense falls into the category of relevant evidence under section 90.402 . . . See Dorsett, 944 So.2d at 1213 ("Relevant evidence admitted under section 90.402 does not require notice . . . ."); see also Ehrhardt, supra, at § 404.17 ("Because the evidence is admissible under section 90.402, . . . State, 230 So.3d 77, 84 (Fla. 3d DCA 2017) ("Collateral evidence is admissible under section 90.402 if . . .
. . . variety of reasons, including: (1) the statements were irrelevant and prejudicial under sections 90.401, 90.402 . . .
. . . defense with respect thereto, or to any similar fact evidence to be presented at trial under section 90.402 . . .
. . . Section 90.402, Florida Statutes (2018), provides: "All relevant evidence is admissible, except as provided . . . Dissimilar fact evidence is governed by section 90.402 and has been described as follows: [E]vidence . . . It is admissible under section 90.402 because "it is a relevant and inseparable part of the act which . . .
. . . State , 162 So.3d 52, 54 (Fla. 4th DCA 2014) (citing § 90.402, Fla. Stat.). . . . evidence is ordinarily admissible, there is an exception where the evidence is precluded by law. § 90.402 . . .
. . . Collateral crimes evidence is admissible under section 90.402 of the Florida Statutes if it is a "relevant . . .
. . . ." § 90.402, Fla. Stat. (2015). . . . in our analysis is whether this relevant evidence was otherwise inadmissible "as provided by law." § 90.402 . . .
. . . ." § 90.402, Fla. Stat. (2016). . . . Dissimilar fact evidence may be admissible under section 90.402, but like similar fact evidence its admissibility . . .
. . . ." § 90.402, Fla. Stat. (2016). . . .
. . . provides that '[a]ll relevant evidence is admissible, except as provided by law.' " Id. at 753 (quoting § 90.402 . . .
. . . 90.404, Florida Statutes, whereas the latter is governed by the general rule of relevancy, .in section 90.402 . . . It is admissible under section 90.402 because “it is a relevant and inseparable part of the act which . . . Consequently, the trial court’s decision is reviewed under section 90.402 and the general rules of relevancy . . .
. . . ." § 90.402, Fla. Stat. (2017). . . .
. . . See § 90.402, Fla. . . . Rule notice at trial, it ultimately sought to introduce the witnesses’ testimony only under section 90.402 . . . Because the State’s argument is well taken, we address only the section 90.402 argument. . . . Collateral evidence is admissible under section 90.402 if it is a “relevant and inseparable part of the . . . Collateral crime evidence is admissible as relevant under section 90.402 of the Florida Statutes to show . . .
. . . .” §§ 90.402 & 90.401, Fla. Stat. (2014). . . .
. . . . §§ 90.401, 90.402, Fla. Stat. (2013). . . .
. . . , or evidence which is inextricably intertwined with the crime charged, is admissible under section 90.402 . . .
. . . Such evidence is admissible under section 90.402 because “it is a relevant and inseparable part of the . . .
. . . See §§ 90.402, 90.403, Fla. Stat. (2016). . . . See id. § 90.402. Mr. Elmore continued questioning Steward: A. . . .
. . . Section 90.402, Florida Statutes (2014), provides that “[a]ll relevant evidence is admissible, except . . .
. . . , or evidence which is inextricably intertwined with the crime charged” is admissible under section 90.402 . . .
. . . evidence at issue was a mixture of Williams-rule evidence and evidence that was relevant under, section 90.402 . . . Dissimilar fact evidence is governed by section 90.402 and has been described as follows: [E]vidence . . . It is admissible under section 90.402 because “it is a relevant and inseparable part of the act which . . .
. . . Therefore, the trial court had no way to know that Portillo’s objection was not to relevance under section 90.402 . . .
. . . See § 90.402, Fla. Stat. . . .
. . . examination; - provided, however, the court finds that the testimony is not inadmissible pursuant to s. 90.402 . . .
. . . .” § 90.402, Fla. Stat. (2014). . . .
. . . See § 90.402, Fla. Stat. (allowing only relevant evidence to be admitted). . . .
. . . Given that the evidence code-in sections 90.401 and 90.402, Florida Statutes (2013), generally provides . . .
. . . .” § 90.402, Fla. Stat. (2014). . . .
. . . . § 90.402, Fla. Stat. (2014). . . .
. . . hearing.”), Although this testimony obviously meets the foundational test for admissibility, see § 90.402 . . .
. . . pursuant to section 90.404(2)(b) must still be relevant to a material issue as required by section 90.402 . . .
. . . .” §§ 90.402-403, Fla. Stat. (2011). . . . See §§ 90.402-.403, Fla. Stat. (2011). . . . See §§ 90.402-403, Fla. Stat. (2011). . . .
. . . strict similarity requirement between the charged and collateral offenses had been abrogated by section 90.402 . . .
. . . . § 90.402, Fla. Stat. (2012). . . . State, 639 So.2d 966, 968 (Fla.1994) (“It is admissible under section 90.402 because ‘it is a relevant . . . that evidence of a prior uncharged hand-to-hand transaction was properly admitted pursuant to section 90.402 . . .
. . . November 25, 2011, we conclude this collateral crimes evidence was properly admitted under section 90.402 . . . stalking, see § 90.401 (“Relevant evidence is evidence tending to prove or disprove a material fact.”); § 90.402 . . . So.2d 1207,1213 (Fla. 3d DCA 2006) (finding that collateral crimes evidence-admitted under section 90.402 . . . admitted based on its relevance, and the admissibility of collateral crimes evidence under section 90.402 . . .
. . . See § 90.402, Fla. Stat. (2008); Larkins v. State, 655 So.2d 95, 98 (Fla.1995) (citing Wyatt v. . . .
. . . defense with respect thereto, or to any similar fact evidence to be presented at trial under section 90.402 . . .
. . . .” § 90.402, Fla. Stat. (2006). . . . 87, 99 (Fla.2009) (“Dissimilar fact evidence of uncharged misconducl^-which is governed by section 90.402 . . .
. . . (citing § 90.402, Fla. Stat. (2004)). 1. . . . It is admissible under section 90.402 because “it is a relevant and inseparable part of the act which . . . Dissimilar fact evidence of uncharged misconduct — which is governed by section 90.402’s general rule . . . abuse its discretion in admitting Debra Thomas’s testimony as relevant evidence pursuant to section 90.402 . . . See §§ 90.401, 90.402, Fla. Stat. (2009). . . .
. . . The trial court properly admitted this evidence as relevant evidence under section 90.402, Florida Statutes . . .
. . . Under section 90.402, Florida Statutes (2007), all relevant evidence is admissible except as provided . . .
. . . State, 22 So.3d 619, 621 (Fla. 4th DCA 2009); see also §§ 90.402, 90.403, 90.404(2), Fla. . . .
. . . section 90.404 govern similar fact evidence while the general rule of relevancy set forth in section 90.402 . . .
. . . Williams, 992 So.2d 380, 333 (Fla. 3d DCA 2008); see also § 90.402, Fla. Stat. (2010). . . .
. . . or evidence which is inextricably intertwined with the crime charged ... is admissible under section 90.402 . . . not, such evidence is not “inextricably intertwined,” and therefore is not admissible under section 90.402 . . .
. . . . § 90.402. . . .
. . . or evidence which is inextricably intertwined with the crime charged ... is admissible under section 90.402 . . .
. . . Miller, 42 So.3d at 224; see also § 90.402-.403, Fla. Stat. (2008). . . .
. . . .” § 90.402, Fla. Stat. (2007). . . .
. . . Williams, 992 So.2d 330, 333 (Fla. 3d DCA 2008); see also § 90.402, Fla. Stat. (2009). . . .
. . . Williams, 992 So.2d 330, 333 (Fla. 3d DCA 2008); see also § 90.402, Fla. Stat. (2008). . . .
. . . .1994) (providing that evidence which is inseparable from the crime charged is admissible under section 90.402 . . .
. . . or evidence which is inextricably intertwined with the crime charged ... is admissible under section 90.402 . . .
. . . . § 90.402, Fla. Stat. (2011). . . .
. . . Dissimilar fact evidence may be admissible under section 90.402, but like similar fact evidence its admissibility . . .
. . . discretion and its rulings will be affirmed unless there has been abuse of discretion); see also § 90.402 . . .
. . . It is admissible under section 90.402 because “it is a relevant and inseparable part of the act which . . . inseparable crime evidence is admitted not under 90.404(2)(a) as similar fact evidence but under section 90.402 . . . fact evidence" under section 90.404(2)(a), but was instead relevant evidence admissible under section 90.402 . . . in if defendant cut off victim’s drug supply was relevant and admissible to support motive under s. 90.402 . . . Stat. did not apply, evidence was relevant under s. 90.402 to prove McCray’s motive for charged crimes . . .
. . . bad acts which are inextricably intertwined with the crime charged may be admissible under section 90.402 . . .
. . . It is admissible under section 90.402 because “it is a relevant and inseparable part of the act which . . .
. . . .” § 90.402, Fla. Stat. (2009). . . .
. . . State, 641 So.2d 1356, 1359 (Fla. 2d DCA 1994) (citing §§ 90.402, 90.403 and 90.404(2), Fla. . . .
. . . being tried, then section 90.404(2)(a) does not apply and the general rule [of relevancy] in section 90.402 . . . to be admissible pursuant to section 90.404(2)(a), they are generally relevant pursuant to section 90.402 . . . Section 90.402 provides that “[a]ll relevant evidence is admissible, except as provided by law.” . . .
. . . State, 641 So.2d 1356,1359 (Fla. 2d DCA 1994) (citing §§ 90.402, 90.403 and 90.404(2), Fla. . . .
. . . .” § 90.402, Fla. Stat. (2008). . . .
. . . See § 90.402, Fla. Stat. [ (2009) ]. . . .
. . . section 90.404 govern similar fact evidence while the general rule of relevancy set forth in section 90.402 . . . As explained below, the general rule of relevancy under section 90.402, Florida Statutes (2008), applies . . .
. . . defense with respect thereto, or to any similar fact evidence to be presented at trial under section 90.402 . . .
. . . It is admissible under section 90.402 because “it is a relevant and inseparable part of the act which . . .
. . . In each case, the State filed a notice of intent to offer Williams rule evidence under section 90.402 . . .
. . . See § 90.402, Fla. Stat. (2008); Dorsett, 944 So.2d at 1213; Griffin, 639 So.2d at 968. . . .
. . . The state filed a notice of intent to offer Williams rule evidence under rule 90.402. . . .
. . . .” § 90.402, Fla. Stat. (emphasis added); Gibson v. Metropolitan Life Ins. . . .
. . . . § 90.402, Fla. Stat. (2008). . . . Thus, Vega’s testimony was highly relevant. § 90.402. . . .
. . . court did not abuse its discretion in admitting Sheila’s testimony as relevant pursuant to section 90.402 . . . (citing § 90.402, Fla. Stat. (2004)). . . . section 90.404 govern similar fact evidence while the general rule of relevancy set forth in section 90.402 . . . It is admissible under section 90.402 because “it is a relevant and inseparable part of the act which . . . Consequently, the general rule of relevancy under section 90.402 governs the instant matter. . . .
. . . The supreme court recognized that relevancy under section 90.402 was not abrogated by the adoption of . . .
. . . Evidence that is inextricably intertwined with the crime charged is admissible under section 90.402, . . .
. . . The statute that applies to the evidence introduced in this case is section 90.402. . . . Section 90.402 provides that “[a]ll relevant evidence is admissible, except as provided by law.” . . . to provide notice to the defendant of its intent to rely on relevant evidence admitted under section 90.402 . . . State, 660 So.2d 244, 251 (Fla.1995), and under section 90.402, the evidence need not be similar fact . . . collateral crimes evidence introduced in the defendant’s trial was properly introduced under section 90.402 . . .
. . . . §§ 90.401-90.402, Fla. Stat. (2008). . . .
. . . . § 90.402 Fla. Stat. (2007). . . .
. . . It is admissible under section 90.402 because ‘it is a relevant and inseparable part of the act which . . .
. . . . § 90.402, Fla. . . .
. . . Dissimilar fact evidence is governed by the general rule of relevancy in section 90.402, Florida Statutes . . .
. . . . §§ 90.401-90.402, Fla. Stat. (2008). . . .
. . . See § 90.402, Fla. Stat. (2002); Gore v. State, 719 So.2d 1197, 1199 (Fla.1998). . . .
. . . And section 90.402 provides that “[a]ll relevant evidence is admissible, except as provided by law.” . . . § 90.402, Fla. . . .
. . . It is admissible under section 90.402 because “it is a relevant and inseparable part of the act which . . . hold that the trial court was correct in admitting Graham’s testimony as relevant pursuant to section 90.402 . . . Generally, all relevant evidence is admissible, unless excluded by law. § 90.402, Fla. . . . 90.404, and dissimilar fact evidence is governed by the general rule of relevancy set forth in section 90.402 . . . defendant is being tried, then section 90.404(2)(a) does not apply and the general rule in section 90.402 . . . Dissimilar fact evidence of uncharged misconduct — which is governed by section 90.402’s general rule . . .
. . . .” § 90.402, Fla. Stat. (2007). . . .