Harmless Error Analysis

4,441 Florida cases classified under this topic, plus 2,602 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• State v. DiGUILIO
  491 So. 2d 1129· Fla.· 1986-07-17 ·cited 5009×
• Richardson v. State
  246 So. 2d 771· Fla.· 1971-03-31 ·cited 1704×·via Harmless Error Doctrine
  The Florida Supreme Court reversed Richardson's arson conviction due to two prosecutorial errors: the State's failure to timely disclose a key witness's name (Dick Davis) in violation of discovery rules, and the State's prejudicial use of an accomplice witness (Grooms) who invoke
• Greater Boston Television Corp. v. Fed. Commc'ns Comm'n
  444 F.2d 841· D.C. Cir.· 1970-11-13 ·cited 777×·via Harmless Error Doctrine
  The court affirmed the Federal Communications Commission's decision to grant a television license to Boston Broadcasters, Inc. (BBI) over WHDH, Inc., finding the Commission's decision was supported by reasoned analysis and substantial evidence.
• Hurst v. State
  202 So. 3d 40· Fla.· 2016-10-14 ·cited 679×
  The Florida Supreme Court held that the U.S. Supreme Court's decision in Hurst v. Florida requiring jury factfinding in capital sentencing also requires jury unanimity on all critical sentencing findings and the death recommendation itself. The court vacated Hurst's death sentenc
• Traylor v. State
  596 So. 2d 957· Fla.· 1992-01-16 ·cited 651×
  The Florida Supreme Court addressed whether confessions obtained during police interrogation violated the state constitutional rights against self-incrimination and to counsel, ultimately finding the Alabama confession was unlawfully obtained but the error was harmless, while app
• Clark v. State
  363 So. 2d 331· Fla.· 1978-07-28 ·cited 590×·via Harmless Error Doctrine
  The Florida Supreme Court resolved a conflict between two district courts regarding whether a contemporaneous objection is required to preserve an improper comment on a defendant's right to remain silent as an issue on appeal. The Court held that a timely objection at trial is ne
• Goodwin v. State
  751 So. 2d 537· Fla.· 1999-12-16 ·cited 529×
  The Florida Supreme Court consolidated two cases to address whether section 924.051(7) of the Florida Statutes abrogated the harmless error analysis established in State v. DiGuilio. The Court held that the statute merely reaffirms existing harmless error standards and does not s
• State v. Montgomery
  39 So. 3d 252· Fla.· 2010-04-08 ·cited 485×
  The Florida Supreme Court held that the crime of manslaughter by act does not require the State to prove the defendant intended to kill the victim, only that he intended to commit an act that caused death. The Court found that the standard jury instruction requiring proof of inte
• Jollie v. State
  405 So. 2d 418· Fla.· 1981-07-30 ·cited 484×·via Harmless Error Doctrine
  The Florida Supreme Court addressed a procedural jurisdictional issue arising from the 1980 constitutional amendment limiting its appellate authority, specifically whether it could review a per curiam affirmance (PCA) decision citing a case pending before or previously reversed b
• Shannon v. State
  335 So. 2d 5· Fla.· 1976-06-30 ·cited 473×·via Harmless Error Doctrine
• Albritton v. State
  476 So. 2d 158· Fla.· 1985-08-29 ·cited 422×
  A departure sentence based on both valid and invalid reasons must be reversed and remanded unless the state proves beyond a reasonable doubt that the invalid reasons did not affect the sentence. The standard of review for the extent of departure is abuse of discretion.
• Sochor v. State
  883 So. 2d 766· Fla.· 2004-07-08 ·cited 363×
  Dennis Sochor, a death-row inmate, appealed denial of his Rule 3.850 post-conviction motion and petitioned for habeas corpus relief, raising thirty claims including ineffective assistance of counsel at the penalty phase, Brady/Giglio violations, and constitutional challenges to F
• State v. Schopp
  653 So. 2d 1016· Fla.· 1995-03-23 ·cited 359×
  The Florida Supreme Court reconsiders whether a trial court's failure to conduct a Richardson hearing on discovery violations is per se reversible error. The Court holds that while Richardson hearings are required, harmless error analysis applies when an appellate court can deter
• Rodriguez v. State
  753 So. 2d 29· Fla.· 2000-02-03 ·cited 357×
  Manuel Antonio Rodriguez was convicted of armed burglary and three counts of first-degree murder and sentenced to death for each murder conviction. The Florida Supreme Court affirmed the convictions and death sentences, addressing multiple procedural and evidentiary issues while
• Linroy Bottoson v. Moore
  833 So. 2d 693· Fla.· 2002-10-24 ·cited 352×·via Harmless Error Review
  Linroy Bottoson, a death row inmate with an active execution warrant, sought habeas corpus relief under the U.S. Supreme Court's Ring v. Arizona decision, which invalidated certain aspects of Arizona's capital sentencing statute. The Florida Supreme Court denied relief, finding t
• Reed v. State
  837 So. 2d 366· Fla.· 2002-12-19 ·cited 344×·via Harmless Error Review
  The Florida Supreme Court held that giving a jury instruction that defines 'maliciously' in aggravated child abuse cases using the incorrect legal standard (technical malice rather than actual malice) constitutes fundamental error when the malice element is disputed at trial, reg
• United States v. Varelli
  407 F.2d 735· 7th Cir.· 1969-02-11 ·cited 322×·via Harmless Error Rule
  The court held that the evidence was insufficient to prove a single overall conspiracy, and the defendants were prejudiced by being tried together for multiple conspiracies without proper jury instructions. Therefore, the convictions are voided.
• State v. Batraville Vincent Delva
  575 So. 2d 643· Fla.· 1991-02-21 ·cited 319×
  Failure to instruct a jury that the defendant knew the substance was cocaine is not fundamental error when the defendant's knowledge of the nature of the substance was not an issue in the case, even absent trial objection. Such error may only be preserved through contemporaneous
• Straight v. State
  397 So. 2d 903· Fla.· 1981-03-19 ·cited 297×
  Ronald Straight was convicted of first-degree murder and sentenced to death for the kidnapping, torture, and murder of James Stone in a robbery scheme. The Florida Supreme Court affirmed the conviction and death sentence, rejecting challenges to venue, photograph admissibility, e
• State v. Murray
  443 So. 2d 955· Fla.· 1984-01-12 ·cited 288×·via Harmless Error Rule
  Prosecutorial misconduct in closing arguments does not warrant automatic reversal unless the errors are so prejudicial as to vitiate the entire trial, and the harmless error rule must be applied.
• McDUFFIE v. State
  970 So. 2d 312· Fla.· 2007-11-21 ·cited 277×
  Roy Lee McDuffie was convicted of two first-degree murders, robbery with a firearm, and false imprisonment in connection with the October 2002 deaths of two Dollar General employees. The Florida Supreme Court reversed his convictions and death sentences, finding that multiple tri
• Jackson v. State
  575 So. 2d 181· Fla.· 1991-01-18 ·cited 277×
  Clinton Jackson was convicted of armed robbery and first-degree murder in the death of a hardware store owner during a robbery. The Florida Supreme Court affirmed the convictions but vacated the death sentence, finding insufficient evidence of the culpable mental state required u
• United States v. Mayo Perez
  489 F.2d 51· 5th Cir.· 1973-10-25 ·cited 276×·via Harmless Error Rule
  The court held that the evidence was sufficient to support a finding of a single conspiracy, and that joinder and severance rulings were within the trial court's discretion.
• Malcus T. Clemons v. United States
  408 F.2d 1230· D.C. Cir.· 1968-12-06 ·cited 266×
• Bennett v. State
  316 So. 2d 41· Fla.· 1975-07-15 ·cited 265×·via Harmless Error Doctrine
  Albert Lee Bennett was convicted of arson in the third degree despite claiming alibi. The Florida Supreme Court reversed, finding that a prosecutor's witness improperly testified that Bennett had refused to sign a Miranda waiver, violating his Fifth Amendment privilege against se
• Peede v. State
  748 So. 2d 253· Fla.· 1999-08-19 ·cited 258×
  Robert Ira Peede, convicted of first-degree murder and sentenced to death in 1984, appealed the summary denial of his Rule 3.850 postconviction motion. The Florida Supreme Court reversed and remanded for an evidentiary hearing on his Brady claims, ineffective assistance of counse
• Mansfield v. State
  758 So. 2d 636· Fla.· 2000-03-30 ·cited 250×
  Scott Mansfield was convicted of murdering Sara Robles and sentenced to death. The Florida Supreme Court affirmed the conviction and sentence, finding that the trial court properly admitted evidence, that a Miranda violation was harmless error, and that the death penalty was prop
• Galindez v. State
  955 So. 2d 517· Fla.· 2007-02-15 ·cited 249×
  The Florida Supreme Court held that any error in failing to apply Apprendi and Blakely to a defendant's resentencing constitutes harmless error beyond a reasonable doubt, where overwhelming record evidence supports the trial court's factual findings. The court declined to resolve
• Czubak v. State
  570 So. 2d 925· Fla.· 1990-11-08 ·cited 240×
  Walter Czubak was convicted and sentenced to death for the first-degree murder of Thelma Peterson. The Florida Supreme Court reversed and remanded for a new trial, holding that the admission of inadmissible evidence regarding Czubak's status as an escaped convict was presumptivel
• Walls v. State
  641 So. 2d 381· Fla.· 1994-07-07 ·cited 236×
  Frank Walls was convicted of murdering Ann Peterson during a burglary and sentenced to death. On appeal to the Florida Supreme Court, Walls challenged his conviction and death sentence on multiple grounds, including jury selection, jury instructions on aggravating factors, and pr
• State v. Rucker
  613 So. 2d 460· Fla.· 1993-02-04 ·cited 235×
  The Florida Supreme Court held that while trial courts must make statutory findings that prior convictions have not been pardoned or set aside in habitual felony offender sentencing, failure to make such findings is subject to harmless error analysis when the State introduces unr
• Lancelot Armstrong v. State
  642 So. 2d 730· Fla.· 1994-08-11 ·cited 227×
  Lancelot Armstrong was convicted of robbery, attempted first-degree murder, and first-degree murder in connection with a restaurant robbery that resulted in the fatal shooting of a deputy sheriff. The Florida Supreme Court affirmed his convictions and death sentence, rejecting 24
• Finney v. State
  660 So. 2d 674· Fla.· 1995-07-20 ·cited 222×
  Charles Finney appeals his convictions for first-degree murder, armed robbery, and dealing in stolen property, as well as his death sentence, in the stabbing death of Sandra Sutherland. The Florida Supreme Court affirmed all convictions and the death penalty after finding suffici
• Scurry v. State
  489 So. 2d 25· Fla.· 1986-06-05 ·cited 221×·via Harmless Error Analysis In Sentencing
  Willie Scurry Jr. challenged his 30-year sentence for second-degree murder, arguing that the trial court improperly relied on invalid reasons to depart from sentencing guidelines. The Florida Supreme Court held that all thirteen reasons given by the trial court were either legall
• Palmes v. State
  397 So. 2d 648· Fla.· 1981-03-05 ·cited 221×
  Timothy Palmes was convicted of first-degree murder and sentenced to death for the premeditated murder, robbery, and killing of James Stone in October 1976. The Florida Supreme Court affirmed both the conviction and the death sentence, finding that Palmes's confession was properl
• White Constr. Co., Inc. v. Dupont
  455 So. 2d 1026· Fla.· 1984-07-26 ·cited 218×·via Harmless Error Doctrine
  Evidence of mechanical negligence alone—that a loader's brakes were not working and the operator was aware of this—is insufficient as a matter of law to submit the issue of punitive damages to a jury. Punitive damages require negligence of a gross and flagrant character evincing
• Ruiz v. Estelle
  679 F.2d 1115· 5th Cir.· 1982-06-23 ·cited 216×·via Harmless Error Rule
  The court held that while the district court correctly found constitutional violations regarding cruel and unusual punishment and due process, some of its remedial measures were overly broad and improperly considered state law. The court affirmed the district court's findings on
• United States v. Montos
  421 F.2d 215· 5th Cir.· 1970-01-22 ·cited 216×·via Harmless Error Doctrine
  The court held that the defendant's pre-arrest statements were not the product of custodial interrogation and were admissible, and that his post-arrest statements and the evidence seized from his car were also admissible.
• Ford v. Strickland
  696 F.2d 804· 11th Cir.· 1983-01-07 ·cited 214×·via Harmless Error Rule
  The court held that the Florida Supreme Court's practice of considering non-record material on direct appeal in capital cases violates due process, and that failure to require full resentencing after invalidating aggravating factors is an error.
• Cooper v. Fitzharris
  586 F.2d 1325· 9th Cir.· 1978-12-01 ·cited 214×·via Harmless Error Doctrine
  The Sixth Amendment requires reasonably competent and effective legal representation, and where ineffective assistance is based on specific trial acts or omissions, the defendant must demonstrate prejudice.
• United States v. Dayton
  604 F.2d 931· 5th Cir.· 1979-10-18 ·cited 213×
  Failure to strictly comply with Rule 11 does not automatically require vacating a guilty plea, and a harmless error standard should be applied to deviations from the rule.
• Gore v. State
  719 So. 2d 1197· Fla.· 1998-10-01 ·cited 208×
  The Florida Supreme Court reversed Marshall Lee Gore's death sentence for the murder of Robyn Novick, finding that the cumulative effect of the prosecutor's improper cross-examination regarding excluded collateral crimes evidence, misleading closing arguments about the burden of
• Bradley v. State
  787 So. 2d 732· Fla.· 2001-03-01 ·cited 206×
  Donald Lee Bradley was convicted of first-degree murder, burglary, and conspiracy in the death of Jack Jones, which was orchestrated by Jones's wife Linda Jones. The Florida Supreme Court affirmed Bradley's conviction and death sentence, rejecting challenges to the sufficiency of
• United States v. Valle-Valdez
  554 F.2d 911· 9th Cir.· 1977-03-08 ·cited 204×
• United States v. Silverstein
  732 F.2d 1338· 7th Cir.· 1984-04-26 ·cited 200×·via Harmless Error Doctrine
• State v. Anderson
  905 So. 2d 111· Fla.· 2005-06-16 ·cited 199×·via Harmless Error Standard
  The Florida Supreme Court resolved a conflict between district courts regarding the appropriate harmless error standard for scoresheet calculation errors raised in post-conviction motions under Florida Rule of Criminal Procedure 3.850. The Court held that the "would-have-been-imp
• Robertson v. State
  829 So. 2d 901· Fla.· 2002-10-10 ·cited 199×
  The Florida Supreme Court quashed a Third District Court of Appeal decision that upheld the admission of evidence that Robertson threatened his ex-wife with an AK-47 six years earlier, finding that the Third District improperly applied the "tipsy coachman" doctrine to affirm on a
• De Luna v. United States
  308 F.2d 140· 5th Cir.· 1962-08-15 ·cited 199×·via Harmless Error Rule
  The court held that counsel for a testifying co-defendant cannot comment on the failure of another co-defendant to testify, as this violates the latter's Fifth Amendment rights.
• Sochor v. State
  619 So. 2d 285· Fla.· 1993-05-06 ·cited 195×
  Dennis Sochor appeals his convictions for kidnapping and first-degree murder, and his death sentence, following the disappearance and presumed death of an 18-year-old victim on New Year's Eve 1981. The Florida Supreme Court upholds all convictions and the death sentence, rejectin
• 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