Harmless Error Analysis

4,402 Florida cases classified under this topic · sorted by citation count

• Williamson v. State
  459 So. 2d 1125· Fla. 3d DCA· 1984-11-20 ·cited 32×
  Bobby Lee Williamson was convicted of robbery and burglary after identification evidence from the victims. On appeal, Williamson challenged the trial court's denial of his mistrial motion based on improper prosecutorial comments in closing arguments that implied the existence of
• United States v. Caspers
  736 F.2d 1246· 8th Cir.· 1984-06-20 ·cited 32×
  The court affirmed the convictions, finding no abuse of discretion in the denial of severance, admission of evidence, sufficiency of evidence for possession, or sentencing.
• Francis and Barbara Breidor v. Sears
  722 F.2d 1134· 3d Cir.· 1983-12-09 ·cited 32×
  The court held that the district court abused its discretion by erroneously excluding expert testimony regarding the probable cause of a refrigerator malfunction that allegedly caused a fire, and that this exclusion affected the plaintiffs' substantial rights.
• Witt v. Louie L. Wainwright
  714 F.2d 1069· 11th Cir.· 1983-09-16 ·cited 32×
  Johnny Paul Witt was convicted of first-degree murder and sentenced to death for the 1973 killing of an 11-year-old boy. On federal habeas review, the Eleventh Circuit affirmed the district court's rejection of Witt's challenges to the admission of his confession, the Florida Sup
• United States v. Pisari
  636 F.2d 855· 1st Cir.· 1981-01-07 ·cited 32×
  The court held that the admission of testimony regarding the defendant's prior robbery, solely to impeach his credibility by suggesting he lied about committing a similar crime, was improper and not harmless error.
• United States v. Constantine "Gus" Karas
  624 F.2d 500· 4th Cir.· 1980-07-01 ·cited 32×
  The court held that the jury instructions on entrapment and conspiracy were proper, severance was not required, and the evidence was sufficient to sustain the convictions under RICO. The court also found that the admission of certain evidence and the denial of immunity were not e
• United States v. Dominguez
  615 F.2d 1093· 5th Cir.· 1980-04-23 ·cited 32×
  The court affirmed the conviction, holding that the trial court did not abuse its discretion in excusing a juror, the search warrant affidavit was sufficient, and the insanity issue was not properly preserved for appeal.
• Green v. Loggins
  614 F.2d 219· 9th Cir.· 1980-02-25 ·cited 32×
  An accidental pre-trial encounter between an accused and a witness can support a federal habeas corpus claim if the encounter was unnecessarily suggestive and undermined the reliability of the subsequent identification.
• Mata v. Sumner
  611 F.2d 754· 9th Cir.· 1979-12-21 ·cited 32×
  The court held that the pre-trial photographic identification procedure was so impermissibly suggestive as to create a substantial likelihood of irreparable misidentification, violating due process.
• United States v. Gigax
  605 F.2d 507· 10th Cir.· 1979-08-13 ·cited 32×
  The court held that the trial judge did not err in failing to recuse himself, in handling juror communications, or in denying standby counsel, and that the conviction was not tainted by prejudicial publicity.
• United States v. Cavender
  578 F.2d 528· 4th Cir.· 1978-06-07 ·cited 32×
  The court held that Federal Rule of Evidence 609(b) requires a district court to make specific findings, supported by articulated facts and circumstances, that the probative value of a conviction more than ten years old substantially outweighs its prejudicial effect before admitt
• Minor v. Black
  527 F.2d 1· 6th Cir.· 1975-12-08 ·cited 32×
  The court held that the prosecutor's cross-examination and closing argument regarding the petitioner's post-arrest silence, after being advised by counsel, violated his Fifth Amendment right to remain silent and was constitutional error.
• United States v. Anderson
  523 F.2d 1192· 5th Cir.· 1975-11-28 ·cited 32×
  Admission of evidence deliberately elicited from a defendant after indictment and in the absence of counsel is reversible error under Massiah v. U. S.
• United States v. Esposito
  523 F.2d 242· 7th Cir.· 1975-08-18 ·cited 32×
  The court affirmed the conviction, finding the failure to produce an informant's statement to be harmless error.
• United States v. Campanile
  516 F.2d 288· 2d Cir.· 1975-04-24 ·cited 32×
  The court affirmed the convictions, holding that the trial court did not err in admitting evidence challenged on grounds of voluntariness, search and seizure, and relevance, and that any errors were harmless.
• United States v. Martin
  507 F.2d 428· 7th Cir.· 1974-11-27 ·cited 32×
• United States v. Principe
  499 F.2d 1135· 1st Cir.· 1974-06-13 ·cited 32×
  The court held that the search warrant affidavit was sufficient, the seized evidence was within the scope of the warrant, and the trial court did not err in denying mistrial motions related to hearsay and Jencks Act violations.
• United States v. Fitzpatrick
  437 F.2d 19· 2d Cir.· 1970-12-24 ·cited 32×
  The court held that the trial court unreasonably curtailed defense counsel's cross-examination of identification witnesses, which is a critical component of the adversary system for uncovering truth and testing credibility. This curtailment constituted reversible error.
• United States v. Dickens
  417 F.2d 958· 8th Cir.· 1969-11-10 ·cited 32×
  The dissenting judge would affirm the conviction, finding the error in restricting cross-examination was not prejudicial.
• Elwood Sawyer v. United States
  303 F.2d 392· D.C. Cir.· 1962-04-19 ·cited 32×
  The court held that sending an unadmitted portion of a witness's statement to the jury was not reversible error given the overwhelming evidence of guilt.
• Foster v. State
  132 So. 3d 40· Fla.· 2013-10-17 ·cited 31×
  Kevin Don Foster appeals the denial of his Rule 3.850 postconviction motion challenging his death sentence for the 1996 first-degree murder of a high school band teacher in Fort Myers, Florida. The Florida Supreme Court affirmed the trial court's denial of relief, finding no meri
• Rivera v. Illinois
  556 U.S. 148· U.S.· 2009-03-31 ·cited 31×
  The erroneous denial of a state-provided peremptory challenge, where the seated jury is otherwise qualified and unbiased, does not violate the Federal Constitution and does not require automatic reversal as a matter of federal law.
• Williams v. Williams
  923 So. 2d 606· Fla. 2d DCA· 2006-03-24 ·cited 31×
  The appellate court held that the trial court abused its discretion by failing to include adequate findings of fact in the final judgment regarding alimony and attorney's fees.
• Crumbley v. State
  876 So. 2d 599· Fla. 5th DCA· 2004-06-04 ·cited 31×
  Gerald Crumbley appeals his conviction for aggravated assault with a deadly weapon, arguing his wife violated a pretrial order in limine by testifying about his prior violent conduct. The Florida Fifth District Court of Appeal affirmed, holding that any error in admitting the tes
• Sigler v. State
  805 So. 2d 32· Fla. 4th DCA· 2001-12-05 ·cited 31×
  Jay Junior Sigler appeals his conviction for second-degree murder in connection with a fatal car crash that occurred while he was a fugitive from prison. The Fourth District Court of Appeal reversed, finding insufficient evidence of the depraved mind required for second-degree mu
• Bennie Demps v. Dugger
  714 So. 2d 365· Fla.· 1998-04-09 ·cited 31×
  Bennie Demps, a death row inmate convicted of murdering a fellow inmate in 1976, challenged his death sentence through a third Rule 3.850 motion and habeas corpus petition. The Florida Supreme Court affirmed the denial of postconviction relief and rejected all claims of error, fi
• Livingston v. State
  678 So. 2d 895· Fla. 4th DCA· 1996-08-21 ·cited 31×
  George Livingston appeals his conviction for aggravated battery against Michael Piccone, arising from a fight outside the home of Joni Martin, whom Livingston had been attempting to contact. The appellate court reversed, finding that the trial court improperly restricted cross-ex
• McKINNEY v. State
  640 So. 2d 1183· Fla. 2d DCA· 1994-07-27 ·cited 31×
  Horace McKinney was convicted of cocaine sale and possession near a school, and tampering with evidence. The Florida District Court of Appeal reversed and remanded for a new trial, holding that McKinney's unsuccessful attempt to swallow cocaine constitutes attempted rather than c
• Rivera v. Dugger
  629 So. 2d 105· Fla.· 1993-10-28 ·cited 31×
  Samuel Rivera, a death-row inmate convicted of murdering a police officer, appealed the denial of his postconviction relief motion. The Florida Supreme Court affirmed his murder conviction but vacated his death sentence and remanded for resentencing because the trial court improp
• Davis v. State
  604 So. 2d 794· Fla.· 1992-07-16 ·cited 31×
  Henry Alexander Davis was convicted of first-degree murder, armed robbery, and burglary and sentenced to death for the murder of 73-year-old Joyce Ezell. The Florida Supreme Court affirmed the conviction but vacated the death sentence after finding that two of the four aggravatin
• Creech v. A.J. Arave
  947 F.2d 873· 9th Cir.· 1991-03-27 ·cited 31×
  The panel erred in holding that Idaho's statutory aggravating factor of 'utter disregard for human life' is unconstitutionally vague, failing to give adequate deference to the Idaho Supreme Court's limiting construction.
• United States v. Moore
  786 F.2d 1308· 5th Cir.· 1986-04-16 ·cited 31×
  The court held that the trial court did not abuse its discretion in excluding expert testimony on eyewitness identification when other evidence of guilt was overwhelming, and that the continued retention of lawfully seized handguns for use as evidence did not violate the Fourth A
• Owen v. Duckworth
  727 F.2d 643· 7th Cir.· 1984-02-08 ·cited 31×
  The court held that the district court's finding that the jury was not prejudiced by an external threat to a juror was clearly erroneous, violating the petitioner's constitutional right to an impartial jury.
• Mattes v. Gagnon
  700 F.2d 1096· 7th Cir.· 1983-02-16 ·cited 31×
  The court held that while the admission of prior testimony violated the Confrontation Clause, the error was harmless beyond a reasonable doubt, and the jury instructions on intent did not impermissibly shift the burden of proof.
• State v. McMAHON
  94 So. 3d 468· Fla.· 2012-04-05 ·cited 30×
  The Florida Supreme Court resolved a conflict between district courts regarding whether the State may appeal an otherwise legal sentence on the ground that the trial court improperly initiated plea negotiations. The Court held that the State cannot appeal such a sentence because
• Guzman v. Sec'y, Dep't OF Corr., Fla. Attorney Gen.
  663 F.3d 1336· 11th Cir.· 2011-12-07 ·cited 30×
  In this death penalty case, the Eleventh Circuit affirmed the District Court's grant of habeas relief to James Guzman based on a Giglio violation involving false testimony by the State's key witness, Martha Cronin, and lead detective Allison Sylvester. Both witnesses testified fa
• Johnson v. State
  22 So. 3d 840· Fla. 1st DCA· 2009-11-30 ·cited 30×
  Michelle Johnson entered a guilty plea to conspiracy to traffic oxycodone after a thorough plea colloquy and signed plea agreement. She later filed motions to withdraw her plea alleging confusion and coercion, which the trial court denied without appointing substitute counsel. Th
• Saleeby v. Rocky Elson Constr., Inc.
  3 So. 3d 1078· Fla.· 2009-01-30 ·cited 30×
  The Florida Supreme Court held that Florida Statutes §768.041(3) and §90.408 unambiguously prohibit admission of evidence of settlement and dismissal of defendants to the jury under all circumstances, including to impeach witness credibility, and that violation constitutes revers
• Bowles v. State
  979 So. 2d 182· Fla.· 2008-02-14 ·cited 30×
  Gary Ray Bowles appeals the denial of his Rule 3.851 postconviction motion and petitions for habeas corpus following his death sentence for murder. The Florida Supreme Court affirms the postconviction court's rejection of all claims, finding no ineffective assistance of counsel,
• Mathis v. State
  682 So. 2d 175· Fla. 1st DCA· 1996-10-08 ·cited 30×
  Mathis appeals his convictions for sexual battery upon a mentally defective victim and lewd assault on a child. The court reverses, finding the trial court's findings regarding the admission of the child victim's out-of-court statements were legally insufficient, and that insuffi
• Lawson v. State
  651 So. 2d 713· Fla. 2d DCA· 1995-02-08 ·cited 30×
  The court held that the erroneous admission of collateral crimes evidence and improper cross-examination required reversal of the convictions and sentences.
• United States v. Fabio Rodriguez Cortes
  949 F.2d 532· 1st Cir.· 1991-11-21 ·cited 30×
  The court held that admitting a defendant's identification card based on ethnic stereotypes was an abuse of discretion requiring a new trial.
• United States v. Pryce
  938 F.2d 1343· D.C. Cir.· 1991-07-16 ·cited 30×
  The court should not consider the harmless error doctrine when the government fails to argue it, as this would violate the adversary system and judicial neutrality.
• United States v. Sanchez-Robles
  927 F.2d 1070· 9th Cir.· 1991-03-20 ·cited 30×
  The Ninth Circuit held that a 'deliberate ignorance' instruction was inappropriate because the evidence only supported actual knowledge or complete lack of knowledge, not conscious avoidance of the truth. The court reversed the conviction due to the improper instruction.
• United States v. Wood
  924 F.2d 399· 1st Cir.· 1991-02-01 ·cited 30×
  The court held that evidence of prior drug transactions was admissible under Fed.R.Evid. 404(b) and that the admission of a letter, even if erroneous, constituted harmless error. However, the court found that one uncharged drug transaction was improperly included in calculating t
• Richmond v. Lewis
  948 F.2d 1473· 9th Cir.· 1990-12-26 ·cited 30×
  The court held that the panel erred in its harmless error analysis by incorrectly assuming Arizona is not a weighing state, which requires reevaluation when an invalid aggravating factor is present.
• United States v. Jenkins
  904 F.2d 549· 10th Cir.· 1990-05-31 ·cited 30×
  The court affirmed the conviction, holding that sufficient evidence supported the continuing criminal enterprise charge, evidentiary rulings were proper, severance was not required, bifurcation of forfeiture was not plain error absent a request, and there was no grand jury abuse.
• United States v. Quintero
  872 F.2d 107· 5th Cir.· 1989-04-18 ·cited 30×
  The court held that while the trial court erred in treating 18 U.S.C. § 924(e)(1) as creating a separate offense and admitting evidence of prior convictions to the jury, this error was harmless. The court also affirmed the denial of severance and the admission of limited heroin e
• United States v. Evaristo Rivera Pedin
  861 F.2d 1522· 11th Cir.· 1988-12-21 ·cited 30×
  The court held that the prosecutor's failure to disclose exculpatory Jencks Act material and failure to correct a witness's false testimony denied the defendants a fair trial.
• In the Interest of D.N. v. State
  529 So. 2d 1217· Fla. 1st DCA· 1988-08-04 ·cited 30×
  D.N., a minor, was adjudicated delinquent for grand theft of an automobile and placed on community control. On appeal, the First District Court of Appeal affirmed that the evidence was sufficient to prove theft under Florida's omnibus theft statute based on D.N.'s knowing use of