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491 So. 2d 1129·
Fla.·
1986-07-17
·cited 5009×
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574 So. 2d 124·
Fla.·
1991-01-17
·cited 145×
The Florida Supreme Court reversed a trial court's order granting a new penalty phase in a capital case, holding that unauthorized automobile magazines in the jury room during deliberations did not warrant reversal under a harmless error analysis. The Court adopted the Fifth Circ
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586 So. 2d 1085·
Fla. 1st DCA·
1991-07-19
·cited 70×
Dennis Flanagan was convicted of sexually battering his mentally retarded 9-year-old daughter and sentenced to life imprisonment. This appeal challenges the admission of the child victim's statements to her examining physician regarding her father's identity as the abuser, expert
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413 F.2d 513·
9th Cir.·
1969-07-07
·cited 67×
The court held that while the admission of co-defendants' extrajudicial statements at a joint trial may violate the Sixth Amendment's confrontation clause, such a violation can be harmless error if the evidence of guilt is otherwise overwhelming. The court also held that the appe
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209 So. 3d 568·
Fla.·
2017-01-19
·cited 40×
William Kopsho appeals his death sentence in a first-degree murder case after the U.S. Supreme Court's decision in Hurst v. Florida invalidated Florida's capital sentencing scheme. The Florida Supreme Court vacates Kopsho's death sentence and remands for a new penalty phase, find
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614 So. 2d 453·
Fla.·
1992-09-24
·cited 39×
Constitutional errors involving the improper admission of a discovery deposition as substantive evidence in violation of the Sixth Amendment Confrontation Clause are subject to harmless error analysis; however, when a deposition provides non-cumulative evidence not testified to b
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225 So. 3d 768·
Fla.·
2017-06-08
·cited 36×
Bessman Okafor was convicted of first-degree murder and attempted murder in a September 10, 2012 home invasion and shooting that killed Alex Zaldivar. The Florida Supreme Court affirmed his conviction but vacated his death sentence because the jury verdict was not unanimous (11-1
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777 F.2d 272·
5th Cir.·
1985-11-26
·cited 36×
The court denied the petition for rehearing, finding that the prosecutor's remarks, when viewed as a whole, did not deny the defendant due process.
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228 So. 3d 1·
Fla.·
2017-01-31
·cited 21×
Leo Louis Kaczmar, III appeals his death sentence imposed after a new penalty phase proceeding following this Court's remand due to erroneous aggravating factors in the original sentencing. The Florida Supreme Court affirms the death sentence, finding that although a Hurst v. Flo
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507 So. 2d 1074·
Fla.·
1987-04-23
·cited 21×
A trial court's denial of a defendant's request to consult with counsel during a trial recess while the defendant is testifying constitutes error, and such error is harmful—not harmless—when the defendant's credibility is a crucial issue and the consultation is denied at the prec
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5 So. 3d 734·
Fla. 2d DCA·
2009-02-25
·cited 16×
Leo Berube was convicted of first-degree murder for strangling a prostitute. The Florida District Court of Appeal reversed and remanded for a new trial, finding that the trial court erred in admitting Williams rule testimony regarding two prior rape victims, though the evidence o
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698 F.2d 581·
2d Cir.·
1983-01-18
·cited 16×
The court held that the erroneous admission of unreliable eyewitness identification testimony was not harmless error because there was a reasonable possibility that it contributed to the conviction.
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597 F.2d 927·
5th Cir.·
1979-06-25
·cited 12×
The admission into evidence of an unlawfully obtained incriminating statement, elicited during custodial interrogation without Miranda warnings, was not harmless constitutional error because it may have contributed to the conviction.
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205 So. 3d 1285·
Fla.·
2016-12-01
·cited 10×
The Florida Supreme Court vacated Paul Johnson's death sentences because the jury that recommended death did not unanimously find the facts necessary to impose capital punishment, violating the requirements of Ring v. Arizona and Hurst v. Florida. The court remanded for a new pen
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938 F.2d 107·
8th Cir.·
1991-07-05
·cited 6×
The court held that any error in admitting a co-conspirator's hearsay statement was harmless beyond a reasonable doubt due to overwhelming evidence of guilt, and that sufficient evidence supported the conviction.
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455 So. 2d 473·
Fla. 5th DCA·
1984-08-09
·cited 4×
Improper prosecutorial comments during closing argument that attacked the credibility of the defense and defense counsel constitute harmless error when the trial record contains substantial independent evidence of guilt, including direct testimony from undercover agents and a tap
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238 So. 3d 146·
Fla.·
2018-02-22
·cited 2×
James Guzman was convicted of first-degree murder and armed robbery in the 1991 death of David Colvin and sentenced to death. The Florida Supreme Court affirmed the convictions but vacated the death sentence and remanded for a new penalty phase due to Hurst error requiring jury u
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639 So. 2d 132·
Fla. 2d DCA·
1994-06-29
·cited 2×
Vincent Rigsby was convicted of aggravated child abuse, child abuse, negligent treatment of a child, and aggravated battery with a deadly weapon. The Florida District Court of Appeal reversed and remanded for a new trial, finding that the prosecutor improperly commented on Rigsby
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937 F.2d 467·
9th Cir.·
1991-07-01
·cited 2×
The admission of a nontestifying codefendant's confession was harmless error beyond a reasonable doubt, and therefore, habeas corpus relief is denied.
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72 So. 3d 774·
Fla. 5th DCA·
2011-08-12
Roy Lee McDuffie appealed his convictions for two counts of first-degree murder, robbery with a firearm, and false imprisonment with a firearm, raising five trial issues. The Florida Fifth District Court of Appeal affirmed his convictions and sentences, finding harmless error in
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993 F.2d 664·
9th Cir.·
1993-04-22
The court held that the Oregon Court of Appeals violated the defendant's Sixth Amendment right to effective assistance of counsel by denying his motion for substitution of counsel and forcing him to proceed pro se without a knowing and intelligent waiver.
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510 So. 2d 1196·
Fla. 4th DCA·
1987-08-12
The court remanded the case for a determination of whether the prosecutor's comment on the appellant's right to remain silent was harmless error beyond a reasonable doubt, following the standard set in State v. DiGuilio.