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

• Asbill v. Hous. Auth. OF the Choctaw Nation OF Okla.
  726 F.2d 1499· 10th Cir.· 1984-02-02 ·cited 52×·via Harmless Error Doctrine
  The court held that the trial court erred in submitting the due process claims to the jury, as the plaintiff failed to establish a property interest in continued employment or a liberty interest in her reputation, and the erroneous submission was not harmless error given the gene
• King v. State
  436 So. 2d 50· Fla.· 1983-07-21 ·cited 52×·via Harmless Error Doctrine
  Richard King was convicted of first-degree murder and sentenced to death for killing Peggy Burnside by striking her with a blunt object and shooting her in the head. The Florida Supreme Court affirmed the conviction and death sentence, though it found one of the three aggravating
• Donovan v. State
  417 So. 2d 674· Fla.· 1982-07-15 ·cited 52×·via Harmless Error Doctrine
  Timothy Donovan was convicted of first-degree murder and challenged admission of incriminating statements he gave to police, arguing that deputy testimony about his behavior when read Miranda warnings constituted an impermissible comment on his right to remain silent. The Florida
• Bisaccia v. The Attorney Gen. of the State of N.J.
  623 F.2d 307· 3d Cir.· 1980-06-12 ·cited 52×·via Harmless Error Standard
  The court held that using a co-conspirator's guilty plea as evidence of a defendant's guilt violates the Sixth Amendment right to confrontation.
• United States v. Weiss
  491 F.2d 460· 2d Cir.· 1974-01-15 ·cited 52×·via Harmless Error Doctrine
  The court affirmed convictions for most defendants, finding no prejudicial error in evidentiary rulings or the trial judge's conduct, but remanded for a hearing on jurisdiction over the corporate defendants.
• United States v. Crawford
  438 F.2d 441· 8th Cir.· 1971-02-17 ·cited 52×·via Harmless Error Rule
  The court held that the trial court erred in permitting the prosecution to cross-examine the defendant about his association with individuals convicted of drug offenses, as this was unduly prejudicial and exceeded the scope of direct examination. The court also found that admitti
• United States v. Phillips
  375 F.2d 75· 7th Cir.· 1967-03-07 ·cited 52×·via Harmless Error Doctrine
  The admission of testimony detailing a separate transaction between the defendant and Tommie Phillips, over repeated objection, prejudiced the defendant and denied him a fair trial.
• State v. Sirron Johnson
  122 So. 3d 856· Fla.· 2013-06-27 ·cited 51×
  The Florida Supreme Court held that the Supreme Court's decision in Blakely v. Washington, which redefined 'statutory maximum' for sentencing purposes, does not apply retroactively to sentences that became final before Blakely was decided. The Court resolved a conflict among Flor
• Moroni Lopez v. State
  888 So. 2d 693· Fla. 1st DCA· 2004-11-17 ·cited 51×
  Moroni Lopez was convicted of possessing a firearm as a convicted felon based partly on hearsay testimony from a witness (Hector Ruiz) identifying him as the person with the gun. The court held that while the statement qualified as an excited utterance under the hearsay exception
• Jones v. Moore
  794 So. 2d 579· Fla.· 2001-07-05 ·cited 51×
  Clarence Jones, a death row inmate, petitioned the Florida Supreme Court for a writ of habeas corpus challenging his conviction and death sentence for the 1988 murder of Tallahassee police officer Ernest Ponce de Leon. The Court denied the petition, finding the claims either proc
• Brown v. State
  755 So. 2d 616· Fla.· 2000-03-09 ·cited 51×·via Harmless Error Review
  Paul Brown, a death row inmate, appeals the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The Florida Supreme Court affirmed the trial court's denial, rejecting his ineffective assistance of counsel claims and finding procedural ba
• Garramone v. State
  636 So. 2d 869· Fla. 4th DCA· 1994-05-11 ·cited 51×
  The court held that the trial court erred by failing to instruct the jury on the justifiable use of non-deadly force, as the defendants were entitled to have the jury consider whether their actions constituted non-deadly force in self-defense.
• United States v. Alvarado
  817 F.2d 580· 9th Cir.· 1987-05-18 ·cited 51×·via Harmless Error Doctrine
  The court held that giving a "Jewell" instruction on deliberate avoidance was error because the evidence pointed to actual knowledge, but this error was harmless. The court also held that the prosecutor's misstatement about a co-defendant's indictment was improper but harmless du
• United States v. Chilcote
  724 F.2d 1498· 11th Cir.· 1984-02-13 ·cited 51×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court affirmed all of appellant's convictions, finding no reversible error in the admission of evidence or the sufficiency of the indictment.
• United States v. Stout
  667 F.2d 1347· 11th Cir.· 1982-02-16 ·cited 51×
  The court held that the erroneous admission of certain portions of Treasury documents required reversal of convictions for failure to pay taxes, but affirmed convictions for possessing unregistered firearms and firearms lacking serial numbers. The court also found no reversible e
• Eberhardt v. Bordenkircher
  605 F.2d 275· 6th Cir.· 1979-09-10 ·cited 51×·via Harmless Error Standard
  A prosecutor's comment on a defendant's failure to testify, even if brief, is not harmless error if the evidence is not overwhelming and the trial contained other substantial errors.
• Diamante Urga v. State
  155 So. 2d 719· Fla. 2d DCA· 1963-05-10 ·cited 51×·via Harmless Error Doctrine
  Diamante Urga was convicted of performing acts with intent to procure a miscarriage. On appeal, she challenged three trial court rulings: admission of hearsay testimony from an examining doctor, admission of pathologist testimony regarding analysis of tissue specimens, and limita
• Mills v. State
  177 So. 3d 984· Fla. 1st DCA· 2015-09-17 ·cited 50×·via Harmless Error Doctrine
  Henry Mills appealed his convictions for attempted second-degree murder and related firearm offenses, challenging various costs, fees, and fines imposed at sentencing. The court affirmed the convictions and sentences, upheld the mandatory $150 public defender's lien as not requir
• Oreneile Masaka v. State
  4 So. 3d 1274· Fla. 2d DCA· 2009-04-01 ·cited 50×
  Masaka appeals his convictions for attempted voluntary manslaughter and attempted robbery with a firearm, arguing that the trial court erred by excluding his cousin Panzo's admissible hearsay statements and by instructing the jury on the theory of principals without evidentiary s
• Kormondy v. State
  983 So. 2d 418· Fla.· 2007-10-11 ·cited 50×
  Johnny Shane Kormondy appeals the circuit court's denial of his Rule 3.851 motion for postconviction relief and files a habeas corpus petition in this capital murder case where he was sentenced to death in 1994 for murdering Gary McAdams during a home invasion robbery. The Florid
• Conahan v. State
  844 So. 2d 629· Fla.· 2003-01-16 ·cited 50×
  Daniel Conahan was convicted of first-degree murder and kidnapping for the death of Richard Montgomery, whom he lured to a secluded area under the pretense of paying him to pose for nude photographs, tied to a tree, and strangled to death. The Florida Supreme Court affirmed both
• Thorp v. State
  777 So. 2d 385· Fla.· 2000-11-16 ·cited 50×
  Gary Lee Thorp was convicted of first-degree murder and sentenced to death for the 1993 murder of Sharon Chase. The Florida Supreme Court reversed his conviction and death sentence, finding harmful error in the admission of improperly obtained DNA evidence from a search warrant b
• Harmon v. State
  527 So. 2d 182· Fla.· 1988-05-19 ·cited 50×
  James Harmon was convicted of first-degree murder committed during a robbery of Charles Germany and sentenced to death. The Florida Supreme Court affirmed his conviction but vacated the death sentence and remanded for life imprisonment, finding that the trial court improperly ove
• Delap v. Dugger
  513 So. 2d 659· Fla.· 1987-10-08 ·cited 50×
  David Delap petitions for habeas corpus and a stay of execution, arguing that the jury instruction in his capital sentencing violated Lockett v. Ohio principles as clarified by Hitchcock v. Florida. The Florida Supreme Court denies the petition, finding that although the jury ins
• United States v. Porter
  821 F.2d 968· 4th Cir.· 1987-06-22 ·cited 50×
  The dissenting judge would reverse all convictions and grant new trials due to cumulative errors in admitting evidence and improperly joining defendants.
• United States v. Page
  808 F.2d 723· 10th Cir.· 1987-01-02 ·cited 50×
  The court affirmed the conviction, holding that the defendant's various claims of prosecutorial misconduct, errors in wiretap affidavits, Brady and Jencks Act violations, improper cross-examination, and newly discovered evidence did not warrant dismissal or a new trial.
• Salter v. State
  500 So. 2d 184· Fla. 1st DCA· 1986-09-11 ·cited 50×·via Harmless Error Doctrine
  Appellant was convicted of lewd and lascivious assault on a five-year-old girl. Although the trial court erroneously admitted hearsay testimony from a Child Protection Team counselor without complying with statutory procedural safeguards, the Florida appellate court affirmed the
• United States v. Crocker
  788 F.2d 802· 1st Cir.· 1986-04-09 ·cited 50×·via Harmless Error Doctrine
  The court held that while most evidentiary rulings were proper, the sentencing judge's comments created a reasonable likelihood of vindictiveness, requiring a resentencing.
• United States v. McGUIRE
  744 F.2d 1197· 6th Cir.· 1984-09-21 ·cited 50×
  The court held that while the trial court erred in failing to give a specific good faith jury instruction and in instructing the jury that bank loan file documents constituted 'bank statements' under 18 U.S.C. § 1005, these errors were harmless beyond a reasonable doubt. The cour
• McINTYRE v. Nance Ruth McINTYRE
  452 So. 2d 14· Fla. 1st DCA· 1984-04-18 ·cited 50×·via Harmless Error Rule
  A Florida appellate court affirmed a trial court's modification of a child custody arrangement, allowing the custodial mother to relocate with both children to Japan for a two-year military assignment while interpreting the state's newly amended custody statutes. The court held t
• United States v. Daly
  716 F.2d 1499· 9th Cir.· 1983-08-12 ·cited 50×
  The court held that a violation of the Speedy Trial Act's minimum 30-day preparation period, if treated as an erroneous denial of a continuance, warrants reversal and remand for a new trial, provided the defendant moved for dismissal. It also held that Nebraska certificates of ti
• Chipman v. Mercer
  628 F.2d 528· 9th Cir.· 1980-09-04 ·cited 50×·via Harmless Error Rule
  The denial of cross-examination to explore a witness's potential bias against a group to which the defendant belonged violated the Sixth Amendment's Confrontation Clause.
• United States v. Arcentales
  532 F.2d 1046· 5th Cir.· 1976-06-07 ·cited 50×·via Harmless Error Doctrine
  The court held that the government's failure to disclose the appellant's inculpatory oral statement prior to trial was harmless error and did not warrant a mistrial.
• United States v. Impson
  531 F.2d 274· 5th Cir.· 1976-05-10 ·cited 50×
  The court held that eliciting testimony about a defendant's silence at the time of arrest, without proper justification, is prejudicial error that is not cured by a jury instruction, especially when the silence occurs before Miranda warnings are given.
• United States v. Bolin
  514 F.2d 554· 7th Cir.· 1975-04-25 ·cited 50×
  The court held that the defendant's consent to search his home was involuntary due to an implied threat regarding his girlfriend's arrest, making the seized letters inadmissible. The court also found that admitting evidence of the defendant being armed was permissible under the d
• United States v. Deloy C. Ross
  511 F.2d 757· 5th Cir.· 1975-04-21 ·cited 50×·via Harmless Error Doctrine
  The court held that the trial court did not err in denying the defendant's discovery requests, failing to disclose Brady material, or in the manner the government acquired documents, affirming the conviction.
• United States v. Horsun Howard
  506 F.2d 1131· 2d Cir.· 1974-11-15 ·cited 50×
  The court held that a jury conviction for bank robbery cannot stand if the jury was not adequately instructed on the essential elements of the crime, even if there was ample evidence.
• United States v. Lipowitz
  407 F.2d 597· 3d Cir.· 1969-02-20 ·cited 50×·via Harmless Error Doctrine
  The court held that the admission of bait bills seized from an automobile, the identification procedures used, and the denial of a severance motion were not errors that violated the defendant's constitutional rights.
• Pasterchik v. United States
  400 F.2d 696· 9th Cir.· 1968-09-20 ·cited 50×·via Harmless Error Doctrine
  The court held that the search of the automobile was improper but the introduction of evidence was harmless error, and that identity of name was sufficient proof of a prior conviction for firearm transport charges.
• Jackson v. Wainwright
  390 F.2d 288· 5th Cir.· 1968-02-26 ·cited 50×
  The prosecutor's failure to disclose exculpatory evidence regarding eyewitness identification violated the defendant's due process rights, entitling him to a writ of habeas corpus.
• United States v. Guerra
  334 F.2d 138· 2d Cir.· 1964-06-05 ·cited 50×·via Harmless Error Rule
  The court held that the use of a single, non-incriminating question and answer obtained in violation of the Sixth Amendment right to counsel, when introduced in an abortive attempt to impeach on a minor issue, did not require reversal of the conviction.
• Tugwell v. A. F. Klaveness & Co.
  320 F.2d 866· 5th Cir.· 1963-07-03 ·cited 50×
  The court held that the exclusion of a prior injury report and the judge's comments regarding the plaintiff's withholding of evidence did not constitute harmful error, as the jury had already determined the accident did not occur.
• Jackson v. Dugger
  547 So. 2d 1197· Fla.· 1989-07-06 ·cited 49×
  Andrea Hicks Jackson, sentenced to death for the murder of a police officer, challenged her death sentence on habeas corpus grounds, arguing that victim impact evidence presented during the penalty phase violated the Eighth Amendment under Booth v. Maryland. The Florida Supreme C
• Dorris Slater Redish v. State
  525 So. 2d 928· Fla. 1st DCA· 1988-05-04 ·cited 49×
  Dorris Slater Redish was convicted of RICO, usurious lending, and solicitation to commit grand theft and insurance fraud. The Florida District Court of Appeal affirmed the conviction but reversed and remanded for a new trial due to prosecutorial misconduct during closing argument
• United States v. Mentz
  840 F.2d 315· 6th Cir.· 1988-02-22 ·cited 49×
  The court held that although the jury instruction regarding FDIC coverage was erroneous, the error was harmless because the defense did not genuinely contest coverage and focused on alibi.
• United States v. Endicott
  803 F.2d 506· 9th Cir.· 1986-10-27 ·cited 49×·via Harmless Error Standard
  The court held that inflammatory references to political assassination and murder by a prosecutor in closing arguments, when evidence is not overwhelming and corrective action is mild, constitute prosecutorial misconduct that can deny a fair trial.
• Moreno v. W.J. Estelle, Jr.
  717 F.2d 171· 5th Cir.· 1983-10-14 ·cited 49×
  The court held that the petitioner's Sixth Amendment claims regarding self-representation and ineffective assistance of counsel, as well as his Eighth Amendment claim regarding sentence proportionality, lacked merit, and affirmed the denial of habeas corpus relief.
• United States v. Hall
  653 F.2d 1002· 5th Cir.· 1981-08-20 ·cited 49×
  The court held that the admission of DEA agent testimony regarding general investigative procedures was irrelevant and unfairly prejudicial, warranting reversal of the convictions.
• Thompson v. Estelle
  642 F.2d 996· 5th Cir.· 1981-04-17 ·cited 49×·via Harmless Error Doctrine
  The admission of two prior uncounselled convictions was not improper, and the admission of the remaining two was harmless error.
• United States v. Brown
  571 F.2d 980· 6th Cir.· 1978-02-07 ·cited 49×
  The court held that the district court did not commit reversible error by dismissing two jurors, as proper procedures were followed and no abuse of discretion occurred. The court also found sufficient evidence to support the convictions.