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

• United States v. Gibson
  675 F.2d 825· 6th Cir.· 1982-04-20 ·cited 67×
  The court held that the evidence was sufficient to support the jury's verdicts for embezzlement and conspiracy, and that the erroneous exclusion of certain hearsay testimony was harmless error.
• United States v. Smith
  591 F.2d 1105· 5th Cir.· 1979-03-22 ·cited 67×
  The court held that the prosecutor's argument commenting on the defendant's wife's failure to testify, and the trial court's instruction allowing an inference from that absence, constituted reversible error because the spouse is not uniquely within a party's control for such infe
• Ignacio v. People OF the Territory OF Guam
  413 F.2d 513· 9th Cir.· 1969-07-07 ·cited 67×·via Chapman Harmless Error Test
  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
• Baker v. State
  202 So. 2d 563· Fla.· 1967-09-20 ·cited 67×·via Harmless Error Doctrine
  Baker and Dalton were convicted of felony murder and sentenced to death for the beating death of Francis MacKenzie during a robbery. The Florida Supreme Court reversed their convictions on the ground that their joint representation by court-appointed counsel violated their Sixth
• Johnson v. Npas Solutions, LLC
  975 F.3d 1244· 11th Cir.· 2020-09-17 ·cited 66×
  The Eleventh Circuit reversed a class action settlement approval on three grounds: first, finding that the district court violated Federal Rule of Civil Procedure 23(h) by requiring class members to object to attorneys' fees before the fee motion was filed, though this error was
• Perry v. State
  801 So. 2d 78· Fla.· 2001-10-18 ·cited 66×
  Perry was convicted of first-degree murder and sentenced to death for killing a 75-year-old motel guest. The Florida Supreme Court affirmed the conviction but vacated the death sentence and remanded for resentencing, finding that the trial court improperly admitted inflammatory t
• Heuss v. State
  687 So. 2d 823· Fla.· 1996-12-19 ·cited 66×
  An appellate court is not precluded from engaging in sua sponte harmless error analysis in criminal cases, even if the State fails to argue harmlessness.
• Downs v. State
  572 So. 2d 895· Fla.· 1990-09-20 ·cited 66×
  Ernest Charles Downs was convicted of first-degree murder and conspiracy in 1977 and sentenced to death. After this Court granted relief based on a substantial change in law (Hitchcock v. Dugger), Downs was resentenced in 1989, and the trial court reimposed the death sentence fol
• United States v. Azure
  801 F.2d 336· 8th Cir.· 1986-09-17 ·cited 66×
  The court held that a pediatrician's expert opinion testimony regarding the credibility of a child sexual abuse victim invades the province of the jury and is inadmissible under Fed.R.Evid. 702.
• United States v. Poole
  794 F.2d 462· 9th Cir.· 1986-07-14 ·cited 66×·via Harmless Error Rule
  The district court did not err in admitting evidence that the defendant Poole gave a false name to an FBI agent, and the judgment of conviction should be affirmed.
• United States v. Velasquez
  772 F.2d 1348· 7th Cir.· 1985-09-05 ·cited 66×·via Harmless Error Doctrine
  The court held that the misjoinder of Galvan's heroin charges with the other defendants' charges violated Rule 8(b) and was not harmless error, compelling a new trial for all appellants on all counts. The court also found the retaliation statute constitutional.
• von Carter v. State
  468 So. 2d 276· Fla. 1st DCA· 1985-03-13 ·cited 66×·via Harmless Error Doctrine
  Randy Von Carter was convicted of robbery and burglary of a dwelling and sentenced to concurrent ten-year terms. The Florida District Court of Appeal reversed and remanded because the trial court departed from sentencing guidelines based primarily on improper factors without suff
• Drake v. State
  441 So. 2d 1079· Fla.· 1983-10-27 ·cited 66×
  Raymond Drake was convicted and sentenced to death for the first-degree premeditated murder of Odette Reeder. The Florida Supreme Court reversed his conviction, finding that police violated his Fifth and Sixth Amendment rights by continuing interrogation after he unequivocally re
• United States v. Herbert
  698 F.2d 981· 9th Cir.· 1983-02-07 ·cited 66×
  The court held that the jury selection plan was constitutional and a judge's comment was harmless error for one defendant, but reversed convictions for another due to an erroneous jury instruction on scienter that was not harmless.
• Tejeda-Mata v. Immigr. & Naturalization Serv.
  626 F.2d 721· 9th Cir.· 1980-08-29 ·cited 66×·via Harmless Error Standard
  The denial of an interpreter in a deportation proceeding, which prevents an alien from understanding the proceedings, is a fundamental due process violation that cannot be reviewed for harmless error and was indeed harmful in this case.
• United States v. Corey
  566 F.2d 429· 2d Cir.· 1977-11-30 ·cited 66×·via Harmless Error Doctrine
  The court held that while the admission of prior act evidence may have been erroneous, it was harmless error, and other alleged errors did not require reversal.
• United States v. Jennings
  527 F.2d 862· 5th Cir.· 1976-02-26 ·cited 66×·via Harmless Error Standard
  The court held that while the trial court erred in failing to give a cautionary instruction regarding co-conspirator hearsay testimony, this error was harmless beyond a reasonable doubt due to the overwhelming evidence of the defendants' guilt.
• United States v. Germaine Haili
  443 F.2d 1295· 9th Cir.· 1971-05-20 ·cited 66×·via Harmless Error Doctrine
  The court held that the appellants' convictions for smuggling, illegal transportation, and conspiracy to smuggle and transport marijuana were affirmed, finding no reversible error in the trial proceedings.
• Bradford v. United States
  413 F.2d 467· 5th Cir.· 1969-06-13 ·cited 66×·via Harmless Error Doctrine
  The court held that the admissibility of handwriting exemplars from an arrested suspect is a question for the judge, and that denying indigent defendants access to necessary expert witnesses is reversible error.
• Mansfield v. Sec'y, Dep't OF Corr., Attorney Gen. of the State of Fla.
  679 F.3d 1301· 11th Cir.· 2012-05-09 ·cited 65×
  Scott Mansfield was convicted of first-degree murder and sentenced to death for the brutal killing of Sara Robles. The Florida Supreme Court on direct appeal found that the admission of a videotaped custodial interrogation without Miranda warnings was constitutional error but con
• Franqui v. State
  804 So. 2d 1185· Fla.· 2001-10-18 ·cited 65×
  Leonardo Franqui was convicted of first-degree murder of a law enforcement officer and robbery in a bank holdup. Following vacation of his original death sentence due to evidentiary error, Franqui was resentenced to death. The Florida Supreme Court affirmed the death sentence aft
• Caruso v. State
  645 So. 2d 389· Fla.· 1994-10-06 ·cited 65×
  Michael Caruso, Jr. was convicted of two counts of first-degree murder in the 1987 deaths of an elderly couple in Pembroke Pines, Florida. The jury voted 11-1 to recommend life sentences on both counts, but the trial judge overrode the recommendation and sentenced Caruso to death
• Huhn v. State
  511 So. 2d 583· Fla. 4th DCA· 1987-04-08 ·cited 65×
  Eduardo Huhn was convicted of armed kidnapping and aggravated assault with a firearm arising from a drug trafficking-related kidnapping scheme. The Fourth District Court of Appeal reversed and remanded for a new trial due to multiple errors by the prosecutor and trial court, incl
• United States v. Wilson
  690 F.2d 1267· 9th Cir.· 1982-10-26 ·cited 65×
  The court held that the defendant was denied his Sixth Amendment right to self-representation and meaningful access to the court, warranting reversal.
• Frank v. Blackburn
  646 F.2d 873· 5th Cir.· 1980-11-17 ·cited 65×·via Harmless Error Review
  A defendant cannot be punished for exercising their right to trial, but a longer sentence than offered in a rejected plea bargain does not automatically constitute such punishment.
• United States v. Whitehead
  618 F.2d 523· 4th Cir.· 1980-03-20 ·cited 65×
  The court held that prosecutorial comments and evidentiary rulings did not deprive appellants of a fair trial, affirming their convictions.
• Newman v. Ferrell Prior
  518 F.2d 97· 4th Cir.· 1975-06-17 ·cited 65×·via Harmless Error Doctrine
  The court held that § 17(a) of the Securities Act of 1933 supports a private damage claim and that the applicable statute of limitations is the two-year period from Virginia's blue sky law.
• United States v. Lankford
  955 F.2d 1545· 11th Cir.· 1992-03-25 ·cited 64×·via Harmless Error Doctrine
  The district court erred by prohibiting the defendant from cross-examining a key prosecution witness about the arrest of his sons on marijuana charges, as this limitation violated the Confrontation Clause. However, the error was harmless because the jury was already aware of the
• United States v. Charris
  822 F.2d 1213· 1st Cir.· 1987-06-29 ·cited 64×
  The court held that consent by a foreign nation to enforce U.S. law against its vessel on the high seas does not make the vessel subject to U.S. jurisdiction under 21 U.S.C. § 955a(a), and that such consent falls exclusively under § 955a(c).
• United States v. Shannon N. Mahar (85-1411)
  801 F.2d 1477· 6th Cir.· 1986-09-24 ·cited 64×
  The court held that the evidence was sufficient to support convictions for conspiracy to distribute controlled substances and mail fraud, but vacated convictions on two substantive counts due to insufficient evidence.
• United States v. Lawton Scott Mock
  604 F.2d 341· 5th Cir.· 1979-10-09 ·cited 64×·via Harmless Error Doctrine
  The court held that the government was prohibited by collateral estoppel from presenting evidence and arguments related to a marijuana conspiracy of which the appellant had been acquitted in a prior trial, as this evidence was essential to convicting the appellant of tax evasion.
• United States v. MacKey
  571 F.2d 376· 7th Cir.· 1978-02-22 ·cited 64×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the admission of a co-conspirator's statement was proper as it was made during the concealment phase of the conspiracy, and that other alleged errors, including prosecutorial misconduct and evidentiary rulings, did not warrant reversal.
• United States v. Eaglin
  571 F.2d 1069· 9th Cir.· 1977-08-10 ·cited 64×
  The court held that the defendant's conviction for harboring an escaped federal prisoner was supported by sufficient evidence and that the jury instructions, when viewed as a whole, did not constitute plain error. The admission of certain hearsay statements was deemed harmless er
• United States v. Torres
  503 F.2d 1120· 2d Cir.· 1974-10-08 ·cited 64×
  The court held that while the evidence was sufficient to convict the appellant of conspiracy, reversible error occurred due to improper impeachment of a witness and the prosecutor's summation, requiring a new trial.
• Feldstein v. United States
  429 F.2d 1092· 9th Cir.· 1970-06-22 ·cited 64×
  The court held that while the jury instructions regarding the presumption in 21 U.S.C. § 176a were erroneous and should not have been given, the error was harmless beyond a reasonable doubt in this case. Other claimed errors were also rejected.
• Burge v. United States
  342 F.2d 408· 9th Cir.· 1965-02-25 ·cited 64×·via Harmless Error Rule
• Birge v. State
  92 So. 2d 819· Fla.· 1957-02-20 ·cited 64×·via Harmless Error Rule
  Carl Jefferson Birge was convicted of breaking and entering with intent to commit grand larceny. The Florida Supreme Court reversed his conviction because the trial judge erroneously denied him the statutory right to closing argument before the jury after Birge testified in his o
• Farina v. State
  679 So. 2d 1151· Fla.· 1996-04-18 ·cited 63×
  Anthony Farina was convicted of first-degree murder in a fatal Taco Bell robbery and sentenced to death. The Florida Supreme Court affirmed his conviction and non-capital sentences but vacated the death sentence because the trial court erroneously excluded for cause a qualified p
• Fennie v. State
  648 So. 2d 95· Fla.· 1994-07-07 ·cited 63×
  Alfred Fennie appeals his convictions for first-degree murder, armed kidnapping, and robbery with a firearm, along with his death sentence for the murder of Mary Elaine Shearin. The Florida Supreme Court affirms all convictions and the death penalty, finding the trial court did n
• United States v. Darlina K. France
  886 F.2d 223· 9th Cir.· 1989-09-13 ·cited 63×
  The court held that the Supreme Court's decision in Gomez v. United States, which prohibits federal magistrates from conducting jury selection in felony trials, applies retroactively to cases not yet final and that the defendant did not waive this right by failing to object conte
• United States v. Towne
  870 F.2d 880· 2d Cir.· 1989-03-22 ·cited 63×
  The court affirmed the conviction and sentence enhancements under 18 U.S.C. § 3575, but vacated the sentence enhancements under 18 U.S.C. § 924(e)(1) for two counts, remanding for resentencing.
• Nardell U. Carter v. McCARTHY
  806 F.2d 1373· 9th Cir.· 1986-12-23 ·cited 63×·via Harmless Error Rule (Chapman V. California)
• Gelabert v. State
  407 So. 2d 1007· Fla. 5th DCA· 1981-12-23 ·cited 63×
  The appellate court reversed a conviction for improper exhibition of a dangerous weapon, holding that the trial court erred in allowing the state to impeach the defendant's testimony about his relationship with his estranged son through cross-examination and rebuttal evidence. Th
• State v. Wiley Jones, Jr.
  377 So. 2d 1163· Fla.· 1979-12-13 ·cited 63×·via Harmless Error Doctrine
  The Florida Supreme Court held that a trial court's complete omission of any instruction on the elements of robbery in a felony-murder prosecution constitutes fundamental error that is not waived by the defendant's failure to object. This decision resolved a conflict between dist
• United States v. Lopez
  575 F.2d 681· 9th Cir.· 1978-01-23 ·cited 63×·via Harmless Error Standard
  The dissenting judge argues that prosecutorial comment on the defendant's silence was not harmless error and, combined with other trial errors, denied the defendant a fair trial.
• United States v. Gambrill
  449 F.2d 1148· D.C. Cir.· 1971-07-29 ·cited 63×
  Convictions based on eyewitness identification following impermissibly suggestive photographic procedures must be set aside if there is a substantial likelihood of irreparable misidentification and no independent source for the identification.
• Whitton v. State
  649 So. 2d 861· Fla.· 1994-12-01 ·cited 62×
  Gary Richard Whitton was convicted of first-degree murder and robbery in the brutal killing of James Mauldin during a robbery at a motel. The Florida Supreme Court affirmed both his convictions and his death sentence, finding the evidence overwhelming and the aggravating factors
• Knight v. Dugger
  863 F.2d 705· 11th Cir.· 1988-12-08 ·cited 62×
• United States v. D'Antoni
  856 F.2d 975· 7th Cir.· 1988-09-14 ·cited 62×
  The court held that the district court did not err in denying the defendant's motion to suppress statements and evidence, finding that the arrest was not pretextual, the defendant voluntarily waived his rights, and any potential violation of his right to counsel was harmless erro
• United States v. Mazza
  792 F.2d 1210· 1st Cir.· 1986-06-03 ·cited 62×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The admission of DEA agents' testimony repeating an informer's out-of-court statements was erroneous hearsay, but the error was harmless because other properly admitted evidence overwhelmingly supported the conviction.