Burden Of Proof For Harmless Error

83 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Special v. W. Boca Med. Ctr.
  160 So. 3d 1251· Fla.· 2014-11-13 ·cited 194×
  The Florida Supreme Court clarified the test for harmless error in civil appeals, holding that the beneficiary of an error must prove there is no reasonable possibility the error contributed to the verdict. Applying this test, the Court reversed a medical malpractice judgment and
• Brooks v. State
  918 So. 2d 181· Fla.· 2005-06-23 ·cited 158×
  This case involves Lamar Brooks' appeal of his conviction and death sentences for the first-degree murders of Rachel Carlson and her infant daughter, Alexis Stuart. This is Brooks' second appeal after his initial conviction was reversed in 2001 due to erroneous hearsay testimony.
• Butler v. State
  493 So. 2d 451· Fla.· 1986-09-04 ·cited 126×
  The Florida Supreme Court reversed Butler's convictions for burglary with a firearm and attempted first-degree murder, holding that a jury instruction on justifiable use of force in one's home was improper and harmful when the crime occurred in the victim's home and the victim de
• United States v. Bosch
  584 F.2d 1113· 1st Cir.· 1978-09-29 ·cited 109×
  The court held that the admission of prior convictions into evidence, due to counsel's ineffective assistance and the court's erroneous instructions, constituted reversible error. The court also affirmed that the 'reasonably competent assistance' standard is the appropriate measu
• Ramirez v. State
  542 So. 2d 352· Fla.· 1989-03-16 ·cited 84×
  Joseph Jerome Ramirez was convicted of first-degree murder and sentenced to death for the Christmas 1983 murder of a Federal Express employee. The Florida Supreme Court reversed both conviction and sentence, finding that expert testimony positively identifying a knife as the murd
• Olga Romani, M.D. v. State
  542 So. 2d 984· Fla.· 1989-04-27 ·cited 47×
  The court held that Florida law requires independent evidence to establish a conspiracy before admitting coconspirator hearsay statements, rejecting the federal approach that allows hearsay for preliminary determinations. However, the court found the error harmless as to the cons
• United States v. Alessandrello
  637 F.2d 131· 3d Cir.· 1980-11-21 ·cited 44×
  The court held that the defendants' absence from a small portion of the jury selection process, where individual jurors were questioned in a small anteroom, did not constitute reversible error because the error was harmless beyond a reasonable doubt.
• Charles v. State
  79 So. 3d 233· Fla. 4th DCA· 2012-02-15 ·cited 25×
  The court held that admitting a police detective's opinion testimony identifying the defendant in a surveillance video invaded the province of the jury.
• Edmon LEE v. State
  789 So. 2d 1105· Fla. 4th DCA· 2001-06-20 ·cited 24×
  The trial court reversibly erred by impermissibly injecting itself into the proceedings and becoming an active participant, which was not harmless error.
• Taylor v. State
  640 So. 2d 1127· Fla. 1st DCA· 1994-05-25 ·cited 23×
  Walter Taylor was convicted of two counts of first-degree murder for killing Paula Smits and her young daughter Amanda in 1987. The Florida First District Court of Appeal reversed and remanded for a new trial due to cumulative prosecutorial misconduct that deprived Taylor of a fa
• Myron Franklin v. State
  876 So. 2d 607· Fla. 4th DCA· 2004-06-16 ·cited 20×
  Myron Franklin was convicted of robbery with a firearm, aggravated fleeing and eluding, and grand theft of a motor vehicle based largely on two statements he gave in the hospital. The court reversed and remanded for a new trial because the Miranda warnings given to Franklin were
• United States v. Matos
  444 F.2d 1071· 7th Cir.· 1971-03-29 ·cited 20×
  The court held that a factual situation creating the possibility of prejudicial jury speculation is sufficient to warrant reversal, even if the speculation did not actually occur.
• Rubin Otero v. State
  754 So. 2d 765· Fla. 3d DCA· 2000-03-08 ·cited 18×
  Rubin Otero was convicted of burglary with assault, robbery, grand theft of a vehicle, false imprisonment, and abuse of an aged or disabled person following a jury trial. On appeal, Otero challenged prosecutorial comments during closing argument about his failure to corroborate h
• Miller v. State
  444 So. 2d 523· Fla. 1st DCA· 1984-01-20 ·cited 18×
  Steve Miller appealed the trial court's order revoking his probation based on three alleged violations. The First District Court of Appeal affirmed the finding regarding failure to file monthly reports but reversed the findings on two criminal charges (theft and fraud) because th
• Shana Barnes v. State
  970 So. 2d 332· Fla.· 2007-11-29 ·cited 17×
  The Florida Supreme Court held that a written transcript of a defendant's prior trial testimony cannot be admitted as an exhibit and provided to a jury during deliberations after being read aloud at trial, because such testimonial evidence would receive undue emphasis and implica
• Proctor v. State
  97 So. 3d 313· Fla. 5th DCA· 2012-09-14 ·cited 16×
  Eric Proctor appeals his convictions for uttering forged checks and grand theft after a detective testified that Proctor was the person shown in bank surveillance video cashing stolen checks and that he wrote the forged signatures. The court reversed, holding that the detective's
• Simmons v. State
  803 So. 2d 787· Fla. 1st DCA· 2001-11-30 ·cited 16×
  Terrance Simmons appealed his aggravated assault conviction on three grounds. While the appellate court affirmed the sufficiency of evidence and the prosecutor's comment on his failure to testify, it reversed based on the trial judge's improper comment during rebuttal that valida
• Mosely v. State
  682 So. 2d 605· Fla. 1st DCA· 1996-10-30 ·cited 16×
  The court held that instructing the jury on a nonexistent crime constitutes fundamental error, requiring reversal even if not objected to at trial.
• Valley v. State
  860 So. 2d 464· Fla. 4th DCA· 2003-10-29 ·cited 15×
  Darryl Valley was convicted of strong-arm robbery and burglary with assault based on fingerprint evidence and collateral crime evidence. The Florida appellate court reversed and remanded for a new trial, holding that the trial court erred in admitting hearsay testimony regarding
• Martin v. State
  110 So. 3d 936· Fla. 1st DCA· 2013-02-22 ·cited 13×
  Wayne Martin was convicted by jury of aggravated assault on a law enforcement officer and sentenced to a mandatory 20-year minimum term. The First District Court of Appeal reversed and remanded for a new trial, finding that the trial court erred by excluding testimony and refusin
• Jarvon Neeley v. State
  883 So. 2d 861· Fla. 1st DCA· 2004-08-31 ·cited 12×
  The court reversed Neeley's conviction because the trial court admitted inadmissible hearsay evidence—a hospital record statement referring to an "arrested assailant"—which was neither relevant to medical treatment nor properly admitted under business records exception. The error
• Pryor v. State
  855 So. 2d 134· Fla. 1st DCA· 2003-08-12 ·cited 12×
  John Pryor was convicted of first-degree murder after a jury trial where the key State witness, Robert Lee Gilbert, falsely testified about his prior criminal convictions. The appellate court reversed the conviction because the trial judge improperly excluded certified copies of
• First v. State
  696 So. 2d 1357· Fla. 2d DCA· 1997-07-25 ·cited 11×
  The court held that the prosecutor's improper personal opinion during opening statement, calling the defendant's alibi witness a 'liar,' constituted reversible error because the evidence against the defendant was not strong.
• Arney v. State
  652 So. 2d 437· Fla. 1st DCA· 1995-03-17 ·cited 11×
  The trial court erred in admitting out-of-court statements from a child victim without making the findings required by Florida Evidence Code section 90.803(23), and erred in admitting statements from a non-victim child witness, which errors were harmful and not subject to harmles
• Gomez v. State
  572 So. 2d 952· Fla. 5th DCA· 1990-12-13 ·cited 11×
  Esther Gomez was convicted of cocaine trafficking after a jury trial. The Fifth District Court of Appeal reversed and remanded for a new trial because a state witness improperly commented on Gomez's exercise of her Fourth Amendment right to refuse consent to search her vehicle.
• Rivera v. State
  180 So. 3d 1195· Fla. 2d DCA· 2015-12-11 ·cited 10×
  The appellate court held that the trial court's error in prohibiting evidence of the defendant's lack of a prior criminal record to support his subjective entrapment defense was not harmless.
• Sosa-Valdez v. State
  785 So. 2d 633· Fla. 3d DCA· 2001-05-02 ·cited 10×
  Pedro Sosa-Valdez and Roberto Barrios were convicted of armed robbery, carjacking, kidnapping, and burglary. The Florida District Court of Appeal reversed their convictions because the lead detective improperly testified on rebuttal that the defendants were guilty by opining the
• United States v. Jordan
  466 F.2d 99· 4th Cir.· 1972-09-05 ·cited 10×
  The court held that the trial court did not err in denying the defendant's motions for a continuance to investigate witnesses and for disclosure of government witnesses' names, nor in denying a motion to suppress the victim's identification.
• Williamson v. State
  894 So. 2d 996· Fla. 5th DCA· 2005-01-07 ·cited 9×
  The court held that the trial court did not err in denying the motion for mistrial because any error in sending unadmitted prior conviction documents to the jury was harmless beyond a reasonable doubt.
• Fonticoba v. State
  725 So. 2d 1244· Fla. 3d DCA· 1999-01-27 ·cited 8×
  Pedro Fonticoba was convicted of second-degree murder in the shooting death of his common-law wife. The court reversed his conviction and remanded for a new trial because the prosecutor violated a pretrial order by informing the jury during opening arguments that Fonticoba had fa
• Moton v. State
  659 So. 2d 1269· Fla. 4th DCA· 1995-08-30 ·cited 8×
  The Florida appellate court reversed a conviction for armed robbery and ordered a new trial after finding that the trial judge improperly questioned a key prosecution witness in a manner that violated the prohibition against judicial commentary on the weight of evidence and likel
• Gargone v. State
  503 So. 2d 421· Fla. 3d DCA· 1987-03-03 ·cited 7×
  Phillip Gargone was convicted of DWI manslaughter and manslaughter by culpable negligence after a fatal car accident. The appellate court reversed his convictions and remanded for a new trial, finding that the blood-alcohol test results were improperly admitted into evidence beca
• Reynolds Brooks v. State
  555 So. 2d 929· Fla. 3d DCA· 1990-01-16 ·cited 6×
  Reynolds Brooks appeals his convictions for armed robbery, kidnapping, burglary, and weapons charges, arguing the trial court erred by failing to conduct a meaningful inquiry into his request to discharge his court-appointed counsel. The Florida appellate court reversed and reman
• Valentine v. State
  307 So. 3d 726· Fla. 4th DCA· 2020-09-30 ·cited 4×
  The photographic lineup was not unnecessarily suggestive, and the manager's identification was reliable under the Manson test. The trial court did not abuse its discretion in admitting the manager's prior consistent statement identifying the defendant. Any evidentiary errors rega
• Johnson v. State
  199 So. 3d 433· Fla. 4th DCA· 2016-08-24 ·cited 4×
  Johnson appeals his convictions for assault and battery as lesser included offenses, challenging the trial court's admission of hearsay testimony from a responding officer who recounted victim descriptions of the defendant. The appellate court found the admission was error but ha
• Boutwell v. State
  530 So. 2d 1092· Fla. 1st DCA· 1988-09-15 ·cited 4×
  Kenneth Boutwell appeals his conviction for first-degree murder and firearm possession, contending that his trial counsel had an impermissible conflict of interest by representing both Boutwell and a state witness, that this denied him effective assistance of counsel, and that th
• Nezowy v. United States
  723 F.2d 1120· 3d Cir.· 1983-12-21 ·cited 4×
  The court held that cross-examining a defense witness about her invocation of the Fifth Amendment privilege is trial error, but found the error to be harmless in this case.
• R.J. Reynolds Tobacco Co. & Philip Morris USA, Inc. v. Myron Kaplan
  321 So. 3d 267· Fla. 4th DCA· 2021-06-23 ·cited 3×
  R.J. Reynolds Tobacco Company and Philip Morris USA, Inc. appeal a judgment in favor of the estate of Sheila Kaplan in a tobacco products liability case. The appellate court affirms the judgment on all five issues raised, but issues a revised opinion to specifically address and c
• Williams v. State
  10 So. 3d 218· Fla. 3d DCA· 2009-04-22 ·cited 3×
  Ronald Williams was convicted of attempted first and second degree murder. The Florida District Court of Appeal affirmed his convictions despite finding that the prosecutor made improper statements during closing argument, because the error was harmless in light of overwhelming e
• Eldrick R. Andrews v. State
  973 So. 2d 1280· Fla. 4th DCA· 2008-02-20 ·cited 3×
  Andrews was convicted of burglary of an occupied structure and petit theft. The appellate court affirmed the petit theft conviction but reversed the burglary conviction, finding that inadmissible hearsay testimony regarding how Andrews gained access to the property was not harmle
• LEE v. State
  566 So. 2d 264· Fla. 1st DCA· 1990-05-14 ·cited 3×
  Lee appeals his conviction for kidnapping, sexual battery with a deadly weapon, robbery with a firearm, and firearm possession by a felon following retrial. The court reverses because the trial court improperly allowed evidence of a collateral bank robbery to impeach Lee's testim
• Rierson v. Deveau
  273 So. 3d 1041· Fla. 3d DCA· 2019-03-20 ·cited 2×
  Ashley Rierson appeals a jury verdict finding no liability in a personal injury case arising from a motor vehicle accident. The trial court granted an order in limine prohibiting reference to the defendant's traffic citation, but during closing argument, defense counsel made stat
• Aldonia Mootry v. Bethune-Cookman Univ., Inc.
  186 So. 3d 15· Fla. 5th DCA· 2016-01-08 ·cited 2×
  This case involves a breach of employment contract claim by the estate of Dr. Russell Mootry against Bethune-Cookman University following his termination for alleged sexual harassment. The Fifth District Court of Appeal reversed the judgment in favor of BCU, finding reversible er
• Williams v. State
  65 So. 3d 1209· Fla. 2d DCA· 2011-08-03 ·cited 2×
  The trial court's failure to instruct the jury on the justifiable use of nondeadly force, when requested and supported by evidence, constitutes reversible error that was not harmless.
• Coleman v. State
  58 So. 3d 324· Fla. 1st DCA· 2011-03-28 ·cited 2×
  Taylor Coleman appeals her convictions for theft, burglary, and criminal mischief after a witness improperly commented on her invoking her right to remain silent during police interrogation. The court reversed because the state failed to prove beyond a reasonable doubt that the c
• Martinez v. State
  667 So. 2d 906· Fla. 1st DCA· 1996-02-07 ·cited 2×
  Christopher Martinez was convicted of manslaughter after admitting he shot the victim but claiming self-defense. The Florida appellate court reversed because the trial court failed to reinstruc the jury on the definitions of justifiable and excusable homicide when the jury specif
• United States v. Corley
  978 F.2d 185· 5th Cir.· 1992-11-16 ·cited 2×
  The court held that a sentence imposed as a result of a misapplication of the Sentencing Guidelines must be vacated and remanded unless the error was harmless.
• Blow v. State
  48 Fla. L. Weekly D665· Fla. 5th DCA· 2023-09-29 ·cited 1×
  The trial court erred in excluding Appellant's testimony about two alleged prior consensual sexual encounters with the victim, as such testimony concerned activity between the victim and the defendant—not with a third party—and thus fell outside the rape shield statute. However,
• Thomas v. State
  363 So. 3d 1153· Fla. 2d DCA· 2023-06-23 ·cited 1×
  The appellate court reversed a misdemeanor battery conviction because the trial court improperly allowed a law enforcement officer to testify that the defendant was the primary aggressor. This testimony invaded the jury's province to decide the self-defense claim, and the error w
• Zangroniz v. State
  358 So. 3d 827· Fla. 3d DCA· 2023-03-29 ·cited 1×
  The appellate court reversed a battery conviction because the prosecutor made improper comments and questions during the trial. These comments improperly invaded the jury's province, potentially commented on the defendant's silence, bolstered police testimony, and mischaracterize