Burden Of Proof For Harmless Error

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

• Williams v. State
  331 So. 3d 826· Fla. 2d DCA· 2021-11-17 ·cited 1×
  The appellate court reversed a DUI conviction because the trial court improperly excluded evidence of a breathalyzer reading below the legal limit. The court found that this exclusion violated the defendant's right to present a defense and that the error was not harmless.
• Caro v. State
  303 So. 3d 591· Fla. 5th DCA· 2020-09-10 ·cited 1×
  Steven Caro was convicted of attempted second-degree murder based partly on a police detective's unscientific demonstration comparing bullet holes in test shirts fired from different distances. The court reversed, finding the demonstration inadmissible because critical conditions
• Rodriguez v. State
  2017 WL 1927720· Fla. 3d DCA· 2019-04-24 ·cited 1×
  The trial court did not commit reversible error in overruling the defendant's objections to the State's rebuttal closing argument statements, as they were either proper fair reply to defense argument or constituted harmless error.
• Collar v. R.J. Reynolds Tobacco Co. & Philip Morris USA, Inc.
  222 So. 3d 581· Fla. 4th DCA· 2017-07-05 ·cited 1×
  In this Engle progeny tobacco case, the Florida Court of Appeal reversed a jury verdict for tobacco defendants where the trial court made inconsistent evidentiary rulings: excluding the plaintiff's treating pulmonologist's expert opinion on addiction but allowing him to testify a
• McCUIN v. State
  198 So. 3d 1066· Fla. 1st DCA· 2016-08-18 ·cited 1×
  Jesse Ray McCuin was convicted of two counts of burglary of a conveyance after police found him in possession of another man's wallet unrelated to the burglaries. The appellate court reversed his convictions, holding that evidence of the wallet constituted inadmissible collateral
• Jones v. State
  197 So. 3d 1085· Fla. 2d DCA· 2015-11-25 ·cited 1×
  Jerry Tyrone Jones was convicted of two counts of first-degree murder and one count of attempted first-degree murder. The appellate court held that the trial court abused its discretion in excluding expert testimony on eyewitness identification reliability, but affirmed the convi
• Philip Morris USA Inc. v. Lipp
  Fla. 3d DCA· 2024-03-27
  The trial court reversibly erred in admitting hearsay statements from the decedent's sons testifying that their mother stated, after her lung cancer diagnosis, that tobacco companies had lied to her about filtered cigarettes being safe. These statements were inadmissible after-th
• FU LU Song & Am. Trucking Co. v. Jenkins
  Fla. 5th DCA· 2023-03-31
  The trial court abused its discretion in admitting dash camera video beyond the first 48 seconds, the soundtrack containing lay opinions and irrelevant commentary about fleeing the scene, and an inaccurate, poorly authenticated accident diagram. These errors individually and cumu
• Zangroniz v. State
  Fla. 3d DCA· 2023-03-29
  Multiple improper prosecutorial comments and questions—including soliciting officer opinions on the initial aggressor, commenting on pre-arrest silence, vouching for police credibility, and mischaracterizing evidence—constituted reversible error in a case turning entirely on witn
• Mojicaphipps v. State
  Fla. 5th DCA· 2022-12-22
  The admission of hearsay testimony regarding drug weight from analysts lacking personal knowledge but relying on chemists' reports was harmless error because the investigating officer testified to purchasing specific quantities based on the defendant's representations. The State'
• Chace Andrew Neer v. State
  Fla. 2d DCA· 2022-11-30
  The appellate court reversed a DUI conviction because the trial court improperly excluded two defense witnesses due to a discovery violation without considering less severe sanctions. The excluded witnesses were crucial for challenging the reliability of the breathalyzer machine
• Kohler v. State
  Fla. 4th DCA· 2022-07-27
  The appellate court affirmed a DUI conviction, finding that while the trial court erred by admitting a deputy's testimony about a victim's out-of-court identification, this error was harmless due to other strong evidence presented.
• Cintron v. State
  Fla. 2d DCA· 2022-04-20
  The appellate court reversed a conviction for dealing in stolen property, finding that the trial court improperly instructed the jury on two statutory inferences. The court held that the State failed to establish the fair market value of the property and that the defendant was no
• Giddens v. State
  322 So. 3d 745· Fla. 1st DCA· 2021-06-22
  The appellate court affirmed a defendant's convictions for first-degree murder and attempted robbery, finding that while the prosecutor improperly asked the defendant if state witnesses were lying, this error was harmless beyond a reasonable doubt. The court determined the error
• Lizett Alexis Allen v. State
  Fla. 4th DCA· 2021-04-21
  Lizett Allen appeals her conviction for grand theft over $20,000, challenging the trial court's exclusion of evidence regarding the purported victim's divorce and drug use. The Fourth District Court of Appeal agrees that the evidence was relevant to establish the victim's motive
• Dalvon Deon Lawrence v. State
  274 So. 3d 1199· Fla. 2d DCA· 2019-06-19
  Testimony from law enforcement officers regarding an inmate's out-of-court statements that the defendant confessed to him constitutes inadmissible hearsay that does not fall within the identification exception, and admission of such evidence was not harmless error where the defen
• D.M. v. M.D.
  272 So. 3d 1229· Fla.· 2019-06-06
  The Florida Supreme Court discharged jurisdiction and dismissed a review proceeding, concluding that jurisdiction was improvidently granted. The case involved a conflict regarding whether a trial court's failure to make written findings constitutes harmless error or requires per
• D.M. v. M.D.
  272 So. 3d 1229· Fla.· 2019-06-06
  The Florida Supreme Court initially accepted jurisdiction to review a district court's decision based on alleged conflict but ultimately determined jurisdiction was improvidently granted. The Court discharged jurisdiction and dismissed the review proceeding, finding no apparent c
• Hinck v. State
  260 So. 3d 325· Fla. 4th DCA· 2018-12-05
  A defendant's statement qualifies as an excited utterance admissible under Florida Statute § 90.803(2) when it satisfies the three-prong test: the event is startling enough to cause nervous excitement, the statement is made before there is time to contrive or misrepresent, and th
• Rodriguez v. State
  260 So. 3d 469· Fla. 3d DCA· 2018-12-04
  Francisco Rodriguez was convicted of burglary of an occupied dwelling and assault based partly on hearsay statements from a third party (Coral Negron) that were inadmissible to prove Rodriguez's state of mind. The Florida appellate court reversed, finding the hearsay error harmfu
• M.P. v. State
  259 So. 3d 938· Fla. 3d DCA· 2018-11-21
  M.P., a juvenile, was adjudicated delinquent for trespass and criminal mischief after entering a rental unit to turn on air conditioning during a dispute with the landlord's relatives. The appellate court affirmed the trespass finding but reversed the criminal mischief conviction
• Mosley v. State
  182 So. 3d 797· Fla. 2d DCA· 2016-01-06
  Tonya Mosley appealed her convictions for battery on a person over sixty-five and felony battery, arguing she acted in self-defense. The trial court excluded her key eyewitness, Julius Little, due to late disclosure, but the appellate court found the exclusion constituted harmful
• Lakes v. State
  137 So. 3d 450· Fla. 4th DCA· 2014-03-19
  Isaac Lakes appeals his convictions for aggravated assault, child abuse, false imprisonment, burglary, and firearm possession, challenging the trial court's allowance of cross-examination questions about his ability to tailor his testimony based on his presence during other witne
• Gutierrez v. State
  133 So. 3d 1123· Fla. 5th DCA· 2014-02-14
  Rafael Gutierrez was convicted of sexual battery by a jury after being charged with raping a woman in her car. On appeal, the Fifth District Court of Appeal held that the trial court erred in giving a special jury instruction stating that the victim's testimony need not be corrob
• Hilton Rodriguez v. State
  112 So. 3d 744· Fla. 5th DCA· 2013-05-10
  Hilton Rodriguez appeals his convictions for sexual activity with a child and related offenses after a jury verdict. The Florida appellate court reversed and remanded for a new trial, finding that the trial court erroneously admitted irrelevant evidence of the defendant's collate
• D.J. v. State
  67 So. 3d 1191· Fla. 3d DCA· 2011-08-24
  Juvenile's delinquency adjudication affirmed despite erroneous admission of unauthenticated school attendance records, as the error was harmless beyond a reasonable doubt.
• Cole v. State
  866 So. 2d 761· Fla. 1st DCA· 2004-02-19
  Lorenzo Cole appeals his convictions for fleeing police, driving with a suspended license, and leaving the scene of an accident, arguing the trial court erred in denying his motion for mistrial as untimely after the court sustained his objection to improper prosecutorial comments
• Poole v. State
  691 So. 2d 1097· Fla. 4th DCA· 1997-03-19
  Maurice Poole appeals his conviction for trafficking cocaine and aggravated battery on a police officer. The Fourth District Court of Appeal affirms the conviction, finding no error in the trial court's denial of Poole's motion to disqualify the judge, denial of his motion to sup
• Abreu v. State
  511 So. 2d 1111· Fla. 2d DCA· 1987-09-04
  Pablo Abreu was convicted by jury of trafficking in cocaine and conspiracy to traffic in cocaine. The appellate court reversed and remanded for a new trial, finding that the prosecution's closing argument improperly commented on Abreu's failure to testify, which violated his Fift
• Doyle Thomas Williams v. State
  510 So. 2d 656· Fla. 2d DCA· 1987-07-31
  Doyle Thomas Williams appealed his conviction for engaging a child in sexual activity. The Florida District Court of Appeal reversed and remanded for a new trial because the trial court erroneously admitted hearsay testimony that violated the rules of evidence and prejudiced the
• Ulvano v. State
  492 So. 2d 470· Fla. 3d DCA· 1986-08-12
• Blanks v. State
  482 So. 2d 557· Fla. 2d DCA· 1986-02-05
  Defendant Blanks was convicted of burglary and robbery based primarily on the victim's identification. The Florida appellate court reversed because the trial court sustained numerous groundless objections to defense counsel's closing argument and rebuked counsel in front of the j