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

• Murphy v. State
  511 So. 2d 397· Fla. 4th DCA· 1987-07-29 ·cited 55×
  Charles Murphy was convicted of trafficking in cocaine based on drugs found in a passenger seat of a vehicle he briefly occupied. The Florida Fourth District Court of Appeal reversed, finding the state failed to prove constructive possession and that improper comments on the defe
• United States v. Lane
  738 F.2d 863· 7th Cir.· 1984-07-05 ·cited 55×·via Harmless Error Analysis In Sentencing
  A sentence must be set aside if the defendant shows that false information was part of the basis for the sentence and the sentencing court relied on that misinformation.
• United States v. Slade
  627 F.2d 293· D.C. Cir.· 1980-03-04 ·cited 55×·via Harmless Error Rule
  The court held that while errors occurred, they did not contribute to the conviction, except for appellant Watson.
• United States v. Noble C. Beasley
  576 F.2d 626· 5th Cir.· 1978-07-13 ·cited 55×·via Harmless Error Doctrine
  The court held that the government's failure to produce a key witness's prior statements under the Jencks Act, even if in good faith, violated the statute and required a new trial for the heroin conspiracy charge, but was harmless error for the tax evasion conviction.
• United States v. Semensohn
  421 F.2d 1206· 2d Cir.· 1970-02-06 ·cited 55×·via Harmless Error Standard
  The court held that improper questioning of the defendant regarding a prior conviction and his silence with the FBI, even with curative instructions, created cumulative prejudice denying him a fair trial.
• Jackson v. State
  107 So. 3d 328· Fla.· 2012-11-15 ·cited 54×·via Harmless Error Review
  The Florida Supreme Court reversed Michael Jackson's conviction for first-degree murder and death sentence because the trial court abused its discretion in admitting a 37-minute videotaped custodial interrogation in which investigating officers repeatedly expressed their personal
• Bryant v. State
  785 So. 2d 422· Fla.· 2001-04-05 ·cited 54×
  Byron Bryant was convicted of first-degree murder and armed robbery in the killing of Leonard Andre during an armed robbery at Andre's Market. The Florida Supreme Court affirmed Bryant's death sentence, rejecting challenges to his competency, the use of visible restraints during
• Donn A. Duncan v. State
  619 So. 2d 279· Fla.· 1993-04-29 ·cited 54×
  Donn Duncan appeals his death sentence for the first-degree murder of his fiancée, Deborah Bauer, stabbing her multiple times on her front porch. The Florida Supreme Court affirms the death sentence, rejecting his claims that it was disproportionate, that a gruesome photograph wa
• United States v. Urbanek
  930 F.2d 1512· 10th Cir.· 1991-04-23 ·cited 54×·via Harmless Error Analysis In Sentencing
  The court held that the defendant's false statements to IRS investigators, which did not impede the investigation and were recanted, did not constitute obstruction of justice under U.S.S.G. § 3C1.1.
• United States v. Davis
  882 F.2d 1334· 8th Cir.· 1989-08-22 ·cited 54×·via Harmless Error Rule
  The court held that the search of the vehicle was a lawful inventory search, joinder and severance were proper, jury instructions were appropriate, evidence was admissible, and the wiretap was lawful.
• United States v. Mang SUN Wong
  884 F.2d 1537· 2d Cir.· 1989-06-01 ·cited 54×
  A magistrate lacks the power to seat a jury in a felony case, even with the defendant's consent.
• United States v. Doherty
  867 F.2d 47· 1st Cir.· 1989-02-01 ·cited 54×·via Harmless Error Doctrine
  The court held that although the jury instructions on mail fraud were erroneous under McNally v. United States, the errors were harmless beyond a reasonable doubt because the evidence established guilt for defrauding the government of money or property.
• Remo Benigni v. City OF Hemet
  879 F.2d 473· 9th Cir.· 1988-08-15 ·cited 54×·via Harmless Error Doctrine
  The court held that the City failed to preserve most of its challenges to jury instructions and sufficiency of evidence due to procedural defaults, and that any errors in the qualified immunity instruction were harmless.
• United States v. Asher
  854 F.2d 1483· 3d Cir.· 1988-07-20 ·cited 54×·via Harmless Error Doctrine
  The admission of evidence not satisfying Fed.R.Evid. 801(d)(1)(B) was harmless error in this case.
• Brooks v. Kemp
  809 F.2d 700· 11th Cir.· 1987-01-16 ·cited 54×
  The court reinstated its prior en banc opinion, finding the Sandstrom error was not harmless beyond a reasonable doubt.
• Garnett William Cape v. Francis
  741 F.2d 1287· 11th Cir.· 1984-08-31 ·cited 54×
  The court held that a psychiatric examination constitutes a critical stage of proceedings, requiring the presence of counsel.
• United States v. Noti
  731 F.2d 610· 9th Cir.· 1984-04-17 ·cited 54×
  The court held that the Miranda warnings given to the defendant were defective because they failed to inform him of his right to have counsel present during questioning, and the admission of his post-arrest statements was not harmless error.
• United States v. Singer
  710 F.2d 431· 8th Cir.· 1983-06-20 ·cited 54×
  The court held that the trial judge's intervention, while active, was not so egregious as to justify reversal of convictions.
• Tilden N. Engle v. Koehler
  707 F.2d 241· 6th Cir.· 1983-05-09 ·cited 54×
  Jury instructions that could have shifted the burden of proof on malice and intent to the defendant are unconstitutional under Sandstrom v. Montana and are not harmless error when the defense is lack of mens rea.
• United States v. Burns
  684 F.2d 1066· 2d Cir.· 1982-07-21 ·cited 54×
  The court held that the district court properly denied motions to suppress evidence seized during the arrest and post-arrest statements, and that the defendant's post-arrest statements to an Assistant U.S. Attorney, though obtained in violation of Edwards v. Arizona, constituted
• United States v. Sindona
  636 F.2d 792· 2d Cir.· 1980-12-18 ·cited 54×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that there was no impermissible variance between the indictment and the proof, and that the trial court's evidentiary rulings did not constitute reversible error. Therefore, the conviction is affirmed.
• In re the Application of Gary James Collins for a Writ of Habeas Corpus. Gary James Collins v. Auger
  577 F.2d 1107· 8th Cir.· 1978-05-08 ·cited 54×·via Harmless Error Standard
  The court held that the admission of the petitioner's confession, obtained during a court-ordered psychiatric evaluation for competency, violated his due process rights and warranted habeas corpus relief.
• Watson v. Jago
  558 F.2d 330· 6th Cir.· 1977-06-14 ·cited 54×·via Harmless Error Rule
  The court held that forcing a defendant to defend against a felony-murder charge, not included in the indictment, constitutes a constructive amendment that violates due process under the Fourteenth Amendment, even in a state court trial.
• United States v. Carrasco
  537 F.2d 372· 9th Cir.· 1976-06-04 ·cited 54×
  The court held that the destruction of a witness's signed diary, even if done in good faith and according to routine procedure, violated the Jencks Act, and this violation was not harmless error.
• Null v. Louie L. Wainwright
  508 F.2d 340· 5th Cir.· 1975-02-19 ·cited 54×·via Harmless Error Doctrine
  The court held that while a Miranda violation occurred, the admission of the appellant's statement and its fruits was harmless error due to overwhelming evidence of guilt.
• Estes v. State
  294 So. 2d 122· Fla. 1st DCA· 1974-04-30 ·cited 54×·via Harmless Error Doctrine
  A trial court's failure to ascertain the factual basis for a guilty plea is not reversible error when the plea was the result of plea bargaining and the defendant does not contend that there was no factual basis for the plea.
• United States v. Errol B. Resnick
  483 F.2d 354· 5th Cir.· 1973-06-04 ·cited 54×·via Harmless Error Standard
  The court affirmed the conviction and sentence, finding that while the admission of one witness's testimony was erroneous, it was harmless error, and other challenges lacked merit.
• United States v. Mendoza
  473 F.2d 692· 5th Cir.· 1972-11-20 ·cited 54×·via Harmless Error Doctrine
• United States ex rel. Michael O'Connor v. The State OF NEW Jersey & Howard Yeager
  405 F.2d 632· 3d Cir.· 1969-01-02 ·cited 54×·via Harmless Error Rule (Chapman V. California)
  The court held that the introduction of post-indictment incriminating statements made without counsel violated the Sixth Amendment, and this error was not harmless beyond a reasonable doubt.
• Malatkofski v. United States
  179 F.2d 905· 1st Cir.· 1950-01-25 ·cited 54×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the indictments were sufficient, the denial of severance motions was proper, and the trial court did not commit reversible error in its rulings on evidence or jury instructions.
• Cardona v. State
  185 So. 3d 514· Fla.· 2016-02-18 ·cited 53×·via Harmless Error Standard
  Ana Maria Cardona was convicted of first-degree murder and aggravated child abuse of her three-year-old son and sentenced to death. The Florida Supreme Court reversed and remanded for a new trial based on the prosecutor's pervasive and improper closing arguments, particularly rep
• Gregory v. State
  118 So. 3d 770· Fla.· 2013-06-27 ·cited 53×
  William A. Gregory was convicted of two first-degree murders in the August 2007 deaths of his ex-girlfriend Skyler Meekins and her new boyfriend Daniel Dyer, and was sentenced to death. The Florida Supreme Court affirmed his convictions and death sentences, finding sufficient evi
• Power v. State
  886 So. 2d 952· Fla.· 2004-05-06 ·cited 53×
  Robert Beeler Power, a death row inmate convicted of murdering a twelve-year-old girl, sought post-conviction relief and a writ of habeas corpus, claiming ineffective assistance of counsel and constitutional defects in Florida's capital sentencing scheme. The Florida Supreme Cour
• Ross v. State
  601 So. 2d 1190· Fla.· 1992-06-18 ·cited 53×
  Bobby Ross challenges the constitutionality of Florida's violent habitual felony offender statute as applied to him, arguing it makes irrational distinctions by including aggravated assault but not aggravated battery, and is vague. The Florida Supreme Court affirms the statute's
• Durocher v. State
  596 So. 2d 997· Fla.· 1992-02-13 ·cited 53×
  Michael Durocher appealed his conviction and death sentence for first-degree murder. The Florida Supreme Court affirmed both the conviction and sentence, rejecting his arguments that his confession to a second murder violated his Sixth and Fifth Amendment rights and that prosecut
• United States v. DeCICCO
  899 F.2d 1531· 7th Cir.· 1990-04-20 ·cited 53×·via Harmless Error Rule
  The court held that a defendant's guilty plea will not be withdrawn if the defendant was adequately informed of the court's independence from the plea agreement, and that Sentencing Guideline § 3B1.1(c) requires organizing at least one criminally responsible individual.
• United States v. Baker
  855 F.2d 1353· 8th Cir.· 1988-09-02 ·cited 53×
  The court held that the evidence supported a single conspiracy conviction, that evidentiary rulings were not an abuse of discretion, and that prosecutorial misconduct did not deny defendants a fair trial.
• Rosso v. State
  505 So. 2d 611· Fla. 3d DCA· 1987-04-14 ·cited 53×
  Ivonne Rosso was convicted of second-degree murder and attempted first-degree murder after raising an insanity defense. The appellate court reversed her conviction due to prosecutorial misconduct where the prosecutor improperly denigrated her lawful insanity defense through infla
• McQUEENEY v. Wilmington Tr. Co.
  779 F.2d 916· 3d Cir.· 1985-12-26 ·cited 53×·via Federal Rule Of Civil Procedure 61 (Harmless Error)
  The court held that evidence of subornation of perjury is relevant under Rule 401 and, absent substantial unfair prejudice, admissible under Rule 403, and that the standard for harmless error review in civil cases is the same as in criminal cases ('highly probable' the error did
• United States v. Bernardo Betancourt
  734 F.2d 750· 11th Cir.· 1984-06-18 ·cited 53×·via Harmless Error Doctrine
  The court held that while the trial judge erred by communicating with the jury without notifying counsel, this error was harmless and did not warrant overturning the convictions.
• People OF THE State OF Ill. v. Interstate Commerce Comm'n & United States
  722 F.2d 1341· 7th Cir.· 1983-12-05 ·cited 53×·via Harmless Error Doctrine
  The court held that while the Commission's procedural errors in dismissing evidence and denying a motion to strike were not adequately explained, they were harmless because they could not have affected the outcome.
• Chandler v. State
  442 So. 2d 171· Fla.· 1983-07-28 ·cited 53×
  Eric Jim Chandler was convicted of two counts of first-degree murder and other crimes in connection with the robbery and brutal killing of an elderly couple. The Florida Supreme Court affirmed the convictions but vacated the death sentences and remanded for resentencing because t
• Peoples Bank OF Indian River Cnty. (proposed new bank) v. State
  395 So. 2d 521· Fla.· 1981-02-26 ·cited 53×·via Harmless Error Rule
  Peoples Bank challenged the Department of Banking and Finance's denial of its banking license application, attacking the constitutionality of statutory provisions and claiming the agency improperly considered extraneous data without affording an opportunity for rebuttal. The Flor
• Flanigan v. Burlington N. Inc.
  632 F.2d 880· 8th Cir.· 1980-09-04 ·cited 53×·via Harmless Error Rule
  The court held that while the failure to instruct the jury that a FELA award is not subject to income tax was an error under *Liepelt*, it was harmless error in this case because the verdict was supported by the evidence and did not show signs of being inflated by a misunderstand
• United States v. Hendershot
  614 F.2d 648· 9th Cir.· 1980-02-07 ·cited 53×
  The court held that the trial court erred in ruling that the appellant's prior felony conviction for armed robbery could be used for impeachment purposes, as it was unclear if the court properly applied Federal Rule of Evidence 609(a)(1)'s balancing test.
• Rice v. United States
  356 F.2d 709· 8th Cir.· 1966-02-28 ·cited 53×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that a proceeding before the National Labor Relations Board is pending from the moment a charge is filed, and that ex parte communication between the judge and jury during deliberations, without evidence of lack of prejudice, warrants reversal.
• Hurst v. State
  819 So. 2d 689· Fla.· 2002-04-18 ·cited 52×
  Timothy Lee Hurst appeals his death sentence for the brutal murder and robbery of Cynthia Lee Harrison at a Popeye's restaurant in Florida. The Florida Supreme Court affirms Hurst's conviction for first-degree murder and death sentence, finding that despite an error in finding an
• Sparks v. State
  740 So. 2d 33· Fla. 1st DCA· 1999-03-30 ·cited 52×
  Jimmy Sparks was convicted of purchasing cocaine based on undercover officer testimony, despite no physical evidence being recovered. The trial judge's conduct—pointing out to the prosecutor evidence for impeachment during an unrecorded bench conference while Sparks remained on t
• United States v. Mateos-Sanchez
  864 F.2d 232· 1st Cir.· 1988-12-29 ·cited 52×·via Harmless Error Doctrine
  The court held that the admission of testimony regarding marijuana possession was not an abuse of discretion, and while admitting the marijuana itself was error, it was harmless. The evidence was sufficient for conviction, the search was proper, denial of travel expenses was not
• Turner v. State
  530 So. 2d 45· Fla.· 1987-05-14 ·cited 52×
  William T. Turner appeals his first-degree murder convictions and death sentence for stabbing deaths of his estranged wife and her roommate. The Florida Supreme Court affirms the convictions and sentences after remand to address Turner's claims regarding involuntary absence from