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. de Bright
  742 F.2d 1196· 9th Cir.· 1984-09-18 ·cited 62×·via Harmless Error Rule
  The court held that a defendant is entitled to a jury instruction that she cannot be found guilty of conspiracy if she conspired only with a government agent, and failure to provide such an instruction is reversible error.
• United States v. Miranda
  593 F.2d 590· 5th Cir.· 1979-04-12 ·cited 62×·via Harmless Error Rule
  The court held that a prosecutor's reference in closing argument to a co-conspirator's conviction on less evidence than that presented against the defendant deprived the defendant of a fair trial.
• United States v. Evasio Hernandez
  574 F.2d 1362· 5th Cir.· 1978-06-16 ·cited 62×·via Harmless Error Rule
  The court held that the admission of incriminating statements obtained in violation of the defendant's Miranda rights, specifically the right to cut off questioning, was not harmless error and required reversal.
• Gladden v. Unsworth
  396 F.2d 373· 9th Cir.· 1968-05-01 ·cited 62×
  The court held that the admission of Unsworth's written statement without a prior judicial determination of voluntariness, and the admission of his oral statements made while grossly intoxicated, constituted a denial of due process.
• Gibson v. State
  661 So. 2d 288· Fla.· 1995-10-05 ·cited 61×
  Brian Keith Gibson was convicted of first-degree murder and sentenced to death for the 1991 murder of Lupita Luevano. The Florida Supreme Court affirmed Gibson's convictions but vacated his death sentence and remanded for resentencing because the trial court failed to enter writt
• Allen v. State
  636 So. 2d 494· Fla.· 1994-03-24 ·cited 61×
  Jerome Allen was convicted of first-degree murder and sentenced to death for his role in a gas station robbery that resulted in the victim's death when Allen was fifteen years old. The Florida Supreme Court affirmed the convictions but vacated the death penalty, holding that exec
• Lewis v. State
  591 So. 2d 922· Fla.· 1991-12-05 ·cited 61×
  Lewis was convicted of lewd and lascivious assault and sexual activity with a child. The Florida Supreme Court reversed, holding that the trial court violated Lewis's Sixth Amendment confrontation rights by excluding evidence of the victim's prior sexual activity with a third par
• Cruse v. State
  588 So. 2d 983· Fla.· 1991-10-24 ·cited 61×
  William Bryan Cruse Jr. was convicted of six counts of first-degree murder and numerous other offenses stemming from a mass shooting rampage in April 1987 that killed six people and injured ten others. He appeals his convictions and two death sentences, raising claims regarding B
• Cleo Douglas LeCROY v. State
  533 So. 2d 750· Fla.· 1988-10-20 ·cited 61×
  Cleo Douglas LeCroy appeals his convictions for two counts of first-degree murder and two counts of armed robbery, as well as his death sentence for one murder and thirty-year sentences for the robberies. The Florida Supreme Court affirmed all convictions and sentences, rejecting
• United States v. Raimundo Crespo de Llano
  830 F.2d 1532· 9th Cir.· 1987-10-26 ·cited 61×
  The court held that a trial court's failure to personally advise jointly represented defendants of their right to separate counsel under Rule 44(c) does not mandate reversal unless an actual conflict of interest adversely affected the lawyer's performance. The court also held tha
• Davis v. Combustion Eng'g, Inc.
  742 F.2d 916· 6th Cir.· 1984-08-16 ·cited 61×·via Federal Rule Of Civil Procedure 61 (Harmless Error)
  The court's majority opinion is not fully detailed here, but the dissenting opinion argues against the front pay award and the jury instructions on willfulness.
• United States v. Tombrello
  666 F.2d 485· 11th Cir.· 1982-01-22 ·cited 61×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that proof of the conspirators' belief that their illegal activity would yield more than $5,000 is sufficient to satisfy the jurisdictional requirements for a conspiracy to violate 18 U.S.C. § 2314, and that docket entries are admissible to prove a pending indictme
• United States v. Jarrell COX
  580 F.2d 317· 8th Cir.· 1978-07-14 ·cited 61×·via Harmless Error Rule
  The court held that the defendants knowingly and intelligently waived any conflict of interest arising from joint representation, and even without waiver, they failed to demonstrate an actual conflict. The court also found sufficient evidence to support one defendant's conviction
• United States v. Moreno
  536 F.2d 1042· 5th Cir.· 1976-08-09 ·cited 61×
  The court held that while the procedure for determining a Fifth Amendment privilege claim in camera is not definitively decided, the trial court erred by sustaining the privilege too broadly, excluding potentially material testimony without sufficient justification.
• United States v. Taylor
  437 F.2d 371· 4th Cir.· 1971-01-20 ·cited 61×
  The court held that the trial judge erred in denying a motion for appointment of an independent psychiatrist to assist in preparing an insanity defense and inquiring into competency. However, the dissenting judge argues the defendant is entitled to an unconditional new trial.
• Labrant D. Dennis v. State
  109 So. 3d 680· Fla.· 2012-12-20 ·cited 60×
  Labrant Dennis was convicted of two counts of first-degree murder and sentenced to death for beating two University of Miami football players to death with a sawed-off shotgun in 1996. The Florida Supreme Court affirmed the denial of his Rule 3.851 postconviction motion and habea
• Poole v. State
  997 So. 2d 382· Fla.· 2008-12-11 ·cited 60×
  Mark Anthony Poole was convicted of first-degree murder, attempted first-degree murder, armed burglary, sexual battery, and armed robbery. The Florida Supreme Court affirmed his convictions but vacated his death sentence and remanded for a new penalty phase proceeding due to pros
• Hodges v. State
  885 So. 2d 338· Fla.· 2004-10-14 ·cited 60×
  George Michael Hodges sought review of a circuit court's denial of his Florida Rule of Criminal Procedure 3.850 postconviction motion and petitioned for a writ of habeas corpus in a death penalty case. The Florida Supreme Court affirmed the denial of postconviction relief and den
• Chadwick D. Banks v. State
  700 So. 2d 363· Fla.· 1997-08-28 ·cited 60×
  Chadwick Banks appealed his death sentence for the murder of his stepdaughter Melody Cooper, which he committed after sexually battering her. The Florida Supreme Court affirmed the death penalty, rejecting challenges to jury instructions on aggravating circumstances, the applicat
• United States v. Hernandez
  921 F.2d 1569· 11th Cir.· 1991-01-30 ·cited 60×·via Harmless Error Review
  The court affirmed convictions, holding that prosecutorial comments did not constitute plain error, the evidence was sufficient for perjury and conspiracy convictions, the assault conviction was valid, and the denial of severance motions was not an abuse of discretion.
• United States v. Argentine
  814 F.2d 783· 5th Cir.· 1987-03-20 ·cited 60×
  The court held that the trial judge's response to the jury's factual question impermissibly removed essential elements of the wire fraud charges from the jury's consideration, constituting reversible error.
• Collins v. A.L. Lockhart
  754 F.2d 258· 8th Cir.· 1985-01-31 ·cited 60×
  The court held that while the conviction was valid, the death sentence must be vacated because the 'pecuniary gain' aggravating circumstance duplicated an element of the underlying capital felony murder charge (robbery), thus failing to narrow the class of eligible defendants as
• United States v. Williams
  738 F.2d 172· 7th Cir.· 1984-06-18 ·cited 60×
  The court held that while certain cross-examination of character witnesses was improper, it constituted harmless error, and pre-indictment delay did not violate due process as the defendant failed to show substantial prejudice.
• Fidel Romero v. State
  435 So. 2d 318· Fla. 4th DCA· 1983-07-13 ·cited 60×·via Harmless Error Doctrine
  Romero appealed his burglary and robbery conviction, claiming error when the prosecutor commented during closing argument on his failure to call alibi witnesses he had testified about knowing. The Florida Fourth District Court of Appeal affirmed, holding that a prosecutor may com
• United States v. Boykin
  679 F.2d 1240· 8th Cir.· 1982-06-09 ·cited 60×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the trial court did not err in admitting evidence of the defendant's relationships with two women, nor in admitting certain hearsay testimony, and that prosecutorial remarks and jury selection were not grounds for reversal.
• Forman v. Smith
  633 F.2d 634· 2d Cir.· 1980-10-08 ·cited 60×·via Harmless Error Standard
  The court held that the Wainwright v. Sykes 'cause and prejudice' standard applies to constitutional claims omitted from a direct appeal, and that the petitioner failed to demonstrate sufficient cause or prejudice.
• United States v. Fera
  616 F.2d 590· 1st Cir.· 1980-02-28 ·cited 60×·via Harmless Error Doctrine
  The court held that the trial court did not err by failing to instruct the jury on the weight to be given to post-arrest statements when no genuine issue of voluntariness was raised, nor by refusing an entrapment instruction when there was no evidence of the defendant's unreadine
• Dunn v. Perrin
  570 F.2d 21· 1st Cir.· 1978-02-02 ·cited 60×
  The court held that the jury instructions on reasonable doubt contained multiple misstatements that violated constitutional standards, requiring reversal of the district court's denial of habeas corpus.
• United States v. Ludwig
  508 F.2d 140· 10th Cir.· 1974-12-27 ·cited 60×
  The court held that the prosecutor's improper vouching for the credibility of the police constituted prejudicial error requiring reversal, and that the search warrant was lawful.
• United States v. Arias-Diaz
  497 F.2d 165· 5th Cir.· 1974-07-18 ·cited 60×
  The court held that the evidence was insufficient to convict Zarzabal, reversing his conviction, but affirmed the convictions of the other five defendants.
• United States v. Cassius Carter
  491 F.2d 625· 5th Cir.· 1974-03-22 ·cited 60×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the trial court erred in excluding defendant's testimony regarding conversations about a stolen vehicle and in delivering a prejudicial supplemental jury charge on circumstantial evidence.
• Ira G. Duncan v. State
  291 So. 2d 241· Fla. 2d DCA· 1974-03-01 ·cited 60×·via Harmless Error Doctrine
  The court held that while the prosecution erred in admitting evidence of similar offenses in its case in chief, this error was harmless because the evidence was admissible in rebuttal to the defendant's impotence defense, which the defendant himself raised.
• Arland L. Gerberding v. United States
  471 F.2d 55· 8th Cir.· 1973-01-10 ·cited 60×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that while the indictment was not multiplicitous or duplicitous, and most of the defendant's claims lacked merit, the imposition of separate sentences on all three counts of the bank robbery indictment was improper under Prince v. United States. The case was remand
• United States v. Bennett
  415 F.2d 1113· 2d Cir.· 1969-09-09 ·cited 60×·via Harmless Error Doctrine
  The court held that the Supreme Court's decision in Chimel v. California, which altered the rules for warrantless searches incident to arrest, should be applied prospectively only, not retroactively to cases decided before its issuance.
• Shorter v. United States
  412 F.2d 428· 9th Cir.· 1969-05-06 ·cited 60×·via Harmless Error Rule
  The court denied the petition for rehearing, implicitly affirming the majority's prior disposition.
• Parker v. United States
  400 F.2d 248· 9th Cir.· 1968-08-16 ·cited 60×·via Harmless Error Rule
  The court held that the jury's awareness of the death penalty could have impaired the trial's fairness and that the lineup procedure was corrupt.
• United States v. Pennix
  313 F.2d 524· 4th Cir.· 1963-01-15 ·cited 60×
  The court held that cross-examination of a defendant regarding prior arrests, rather than convictions, is improper and prejudicial, requiring a new trial.
• United States v. Rubenstein
  151 F.2d 915· 2d Cir.· 1945-08-25 ·cited 60×·via Harmless Error Doctrine
  Evidence of a subsequent fraudulent divorce was admissible to prove the intent and conspiracy to defraud immigration authorities, and a marriage entered into solely for immigration purposes without genuine intent to be married is invalid.
• Gantz v. United States
  127 F.2d 498· 8th Cir.· 1942-04-28 ·cited 60×·via Harmless Error Doctrine
  The court held that there was sufficient evidence of mailing to support the conviction and that no prejudicial errors occurred during the trial.
• Dane Patrick Abdool v. State
  53 So. 3d 208· Fla.· 2010-10-07 ·cited 59×
  Dane Patrick Abdool was convicted of first-degree murder and sentenced to death for the brutal killing of 17-year-old Amelia Sookdeo. The Florida Supreme Court affirmed his conviction and death sentence, rejecting multiple appellate challenges including claims regarding premedita
• Lancelot Uriley Armstrong v. State
  862 So. 2d 705· Fla.· 2003-10-30 ·cited 59×
  Lancelot Armstrong was convicted of first-degree murder, attempted murder of a law enforcement officer, and armed robbery in connection with the 1990 death of Deputy Greeney during an armed robbery at a restaurant. Armstrong's death sentence was vacated because the trial court re
• Augustine Perez v. State
  648 So. 2d 715· Fla.· 1995-01-12 ·cited 59×
  Augustine Perez was convicted of first-degree murder, kidnapping, and aggravated assault in the killing of a prostitute. The Florida Supreme Court affirmed his murder conviction but vacated his death sentence and reduced it to life imprisonment because the trial judge failed to i
• United States v. Frazin
  780 F.2d 1461· 9th Cir.· 1986-01-21 ·cited 59×·via Harmless Error Rule (Chapman V. California)
  The court held that evidence obtained in violation of the Right to Financial Privacy Act is not subject to suppression under the court's supervisory powers, and that ex parte communication with a deadlocked jury, while error, was harmless in this case.
• United States v. Sebetich
  776 F.2d 412· 3d Cir.· 1985-10-31 ·cited 59×
  The court held that the exclusion of expert testimony on eyewitness identification reliability was an error requiring a remand for a hearing. It also found that statements made during preliminary discussions about potential plea bargains, not with a government attorney, were admi
• Hutchins v. Wainwright
  715 F.2d 512· 11th Cir.· 1983-09-19 ·cited 59×
  The court held that the prosecutor's introduction of out-of-court statements from an unidentified informant, and reliance on those statements in closing argument, violated the defendant's Sixth Amendment right to confrontation, and this violation was not harmless error.
• Evans v. State
  177 So. 3d 1219· Fla.· 2015-11-12 ·cited 58×
  Patrick Albert Evans was convicted of two counts of first-degree murder for the deaths of his estranged wife Elizabeth Evans and her boyfriend Gerald Taylor, and sentenced to death. The Florida Supreme Court vacated the convictions and death sentences due to cumulative trial erro
• Hall v. State
  568 So. 2d 882· Fla.· 1990-09-06 ·cited 58×
  Anthony Hall was convicted of first-degree murder and sentenced to death for his participation in a robbery, kidnapping, and murder. The Florida Supreme Court reversed his conviction and remanded for a new trial, holding that the trial court erred by excluding qualified expert te
• United States v. Stan Smith
  888 F.2d 720· 10th Cir.· 1989-11-03 ·cited 58×
  The court held that the failure to give a cautionary jury instruction regarding an informant's testimony was harmless error due to substantial identification evidence, but the sentence must be vacated and remanded because the trial court failed to provide adequate reasons for dep
• Gordon v. State
  469 So. 2d 795· Fla. 4th DCA· 1985-04-10 ·cited 58×
  Michael Gordon was convicted of five counts of credit card fraud and five counts of grand theft and sentenced to concurrent 25-year prison terms. The Fourth District Court of Appeal reversed the conviction, finding that while the trial judge did not commit error in evidentiary ru
• United States v. Bibbero
  749 F.2d 581· 9th Cir.· 1984-12-14 ·cited 58×
  The court held that the admission of a co-conspirator's hearsay statement was an error that was not harmless, and the government's violation of the Jencks Act required reversal.