Harmless Error Analysis

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

• Rodriguez v. State
  494 So. 2d 496· Fla. 4th DCA· 1986-06-04 ·cited 30×
  Rodriguez appealed his conviction for cocaine trafficking, challenging the trial court's denial of his suppression motion and its admission of evidence regarding his post-arrest silence. The Fourth District Court of Appeal found that while the suppression motion was properly deni
• Flittie v. Solem
  775 F.2d 933· 8th Cir.· 1985-10-14 ·cited 30×
• United States v. Eschweiler
  745 F.2d 435· 7th Cir.· 1984-09-21 ·cited 30×
  The court held that the admission of recordings made by an informant, the denial of a psychiatric examination for the informant, and the seizure of a safe-deposit box key were all lawful.
• United States v. Karr
  742 F.2d 493· 9th Cir.· 1984-09-05 ·cited 30×
  Miranda warnings sufficiently inform an indicted defendant of the right to counsel under the Sixth Amendment to allow for an intelligent waiver of that right. The exclusion of certain testimony was harmless error.
• Bailey v. State
  419 So. 2d 721· Fla. 1st DCA· 1982-09-14 ·cited 30×
  The Florida First District Court of Appeal reversed a first-degree murder conviction on rehearing, finding that the trial court improperly admitted hearsay statements of the victim to prove the defendant's motive, violating the hearsay exception rules. Although the evidence was c
• United States ex rel. Otis Williams & A. D. Clark v. Franzen
  687 F.2d 944· 7th Cir.· 1982-08-20 ·cited 30×
  The court held that a conflict of interest adversely affecting a lawyer's performance warrants habeas relief, even if the state court applied an improper prejudice standard or if a petitioner arguably waived the claim on appeal.
• Porter v. State
  386 So. 2d 1209· Fla. 3d DCA· 1980-07-01 ·cited 30×
  Porter's conviction for selling heroin to an undercover officer was reversed on appeal for two independent errors: the trial court improperly sustained leading question objections that prevented Porter from directly denying the sale during direct examination, and the trial court
• United States v. Fearwell
  595 F.2d 771· D.C. Cir.· 1978-12-27 ·cited 30×
  The court held that evidence of a prior attempted petit larceny conviction is not admissible for impeachment under Federal Rule of Evidence 609(a)(2) because the crime does not involve dishonesty or false statement. However, the court remanded to determine if the erroneous ruling
• United States v. LEE
  428 F.2d 917· 6th Cir.· 1970-06-24 ·cited 30×
  The court held that a court-martial conviction counts as a prior conviction for the purposes of 15 U.S.C. § 902(e), and that the admission of evidence regarding the stolen nature of the firearm was harmless error. However, the court found that the government failed to demonstrate
• Kirkland v. State
  185 So. 2d 5· Fla. 2d DCA· 1966-04-06 ·cited 30×
  The court held that the trial court's undue limitation of cross-examination regarding the animus, impeachment, and credibility of key state witnesses constituted reversible error.
• Reynolds v. State
  251 So. 3d 811· Fla.· 2018-04-05 ·cited 29×
  Michael Reynolds challenged his death sentences under the Sixth and Eighth Amendments following Hurst v. State, arguing that jury instructions failed to require unanimous findings on aggravating factors and sufficient grounds for death. The Florida Supreme Court affirmed the deni
• Alvarez v. State
  147 So. 3d 537· Fla. 4th DCA· 2014-01-22 ·cited 29×
  Robert Alvarez was convicted of two counts of first-degree murder and one count of robbery, but the Fourth District Court of Appeal reversed and remanded for a new trial because the trial court erred in permitting a detective to testify as a lay witness regarding his opinion of t
• Moore v. State
  114 So. 3d 486· Fla. 1st DCA· 2013-06-10 ·cited 29×
  Jimmy Moore appealed his convictions for second-degree murder and home invasion robbery, challenging jury instructions on manslaughter. The court affirmed the home invasion robbery conviction and reversed the murder conviction due to fundamental error in the manslaughter instruct
• Nixon Ward v. State
  59 So. 3d 1220· Fla. 4th DCA· 2011-05-04 ·cited 29×
  Nixon Ward was convicted of fleeing and eluding law enforcement and driving without a valid license following a vehicle pursuit. The trial court improperly admitted extensive and detailed evidence of an uncharged shooting incident as context for the charged crimes, which the appe
• Gerhard Hojan v. State
  3 So. 3d 1204· Fla.· 2009-02-27 ·cited 29×
  Gerhard Hojan was convicted of two counts of first-degree murder, attempted murder, armed robbery, and armed kidnapping for his role in a Waffle House shooting in 2002 that left two victims dead and one injured. The Florida Supreme Court affirmed his two death sentences after rev
• In re Petition of Jane DOE for a Judicial Waiver of Parental Notice of Termination of Pregnancy. Jane Doe
  973 So. 2d 548· Fla. 2d DCA· 2008-01-04 ·cited 29×
  A minor sought judicial waiver of Florida's parental notification requirement for abortion under a statute permitting waiver if the minor proves sufficient maturity by clear and convincing evidence or that notification is not in her best interest by a preponderance of the evidenc
• White v. State
  964 So. 2d 1278· Fla.· 2007-07-12 ·cited 29×
  William Melvin White, convicted of first-degree murder and sentenced to death in 1978 for the murder of Gracie Mae Crawford, appeals the circuit court's denial of his Rule 3.851 motion for post-conviction relief. The Florida Supreme Court affirms the denial, rejecting White's cla
• Gootee v. Sidney Clevinger, M.D.
  778 So. 2d 1005· Fla. 5th DCA· 2000-12-01 ·cited 29×
  This wrongful death medical malpractice case was reversed and remanded because the trial court erred in failing to excuse two jurors for cause during voir dire, forcing the plaintiff to exhaust his peremptory challenges and preventing him from removing a potentially biased juror.
• Demitrius Bell v. State
  723 So. 2d 896· Fla. 2d DCA· 1998-12-30 ·cited 29×
  Demitrius Bell appeals his convictions for driving with a suspended license, resisting arrest with violence, possession of cannabis, and battery on law enforcement officers. Although the court affirms the convictions, it addresses and criticizes improper prosecutorial comments ma
• Scoggins v. State
  691 So. 2d 1185· Fla. 4th DCA· 1997-04-23 ·cited 29×
  James Scoggins was convicted of cocaine possession after a jury trial. The primary issue concerns whether a trial judge erred by inquiring into the jury's numerical division when informed the jury was deadlocked, and if so, whether such error warrants reversal.
• Vandy Tarrant v. State
  668 So. 2d 223· Fla. 4th DCA· 1996-01-31 ·cited 29×
  Vandy Tarrant appeals her conviction for third-degree grand theft, challenging the trial court's admission of a tape-recorded conversation that was not disclosed to defense counsel until the morning of trial. The Fourth District Court of Appeal reverses and remands for a new tria
• Amos v. State
  618 So. 2d 157· Fla.· 1993-03-18 ·cited 29×
  Vernon Amos appeals his convictions for two counts of first-degree murder, attempted murder, robbery, and assault, and his death sentence. The Florida Supreme Court reverses and remands for a new trial, finding that multiple trial errors—including denial of attorney consultation
• Long v. State
  610 So. 2d 1268· Fla.· 1992-10-15 ·cited 29×
  Robert Joe Long appeals his death sentence for the murder of Michelle Denise Simms after a new penalty phase proceeding. The Florida Supreme Court affirms the death sentence, rejecting Long's challenges to his guilty plea validity, the admission of evidence regarding prior violen
• Ponticelli v. State
  593 So. 2d 483· Fla.· 1991-10-10 ·cited 29×
  Anthony Ponticelli appeals his convictions for the first-degree murder of two brothers, Ralph and Nick Grandinetti, and his sentences of death. The Florida Supreme Court affirmed both convictions and death sentences after reviewing Ponticelli's twelve appellate claims, finding su
• United States v. Gomez
  927 F.2d 1530· 11th Cir.· 1991-04-11 ·cited 29×
  The court held that post-arrest statements obtained after the defendant requested counsel, and following police-initiated discussion of sentencing and cooperation, were obtained in violation of the Fifth Amendment and should have been suppressed.
• United States v. Musacchia
  900 F.2d 493· 2d Cir.· 1990-03-21 ·cited 29×
  A magistrate's lack of jurisdiction to conduct jury selection in a felony case, absent express consent, requires reversal of convictions, even if the defendant did not object at trial.
• United States v. Vreeken
  803 F.2d 1085· 10th Cir.· 1986-10-21 ·cited 29×
  The court held that Kurt Vreeken waived his rule of speciality claim by failing to raise it timely, and that other alleged errors, including the exclusion of evidence and jury instructions, were either harmless or within the trial court's discretion.
• Hoover v. Garfield Heights Mun. Court
  802 F.2d 168· 6th Cir.· 1986-09-25 ·cited 29×
  The court held that the denial of habeas relief as to assault convictions should be affirmed, but the collateral attack on the conviction for resisting arrest should be sustained.
• Franklin v. Francis
  720 F.2d 1206· 11th Cir.· 1983-11-16 ·cited 29×
  A jury instruction creating a mandatory rebuttable presumption that a person intends the natural consequences of their voluntary acts unconstitutionally shifts the burden of proof on the element of intent, violating due process.
• Williams v. State
  121 So. 3d 524· Fla.· 2013-08-29 ·cited 28×
  The Florida Supreme Court held that trial courts must instruct juries that they cannot convict a defendant of both theft and dealing in stolen property when both offenses arise from the same scheme or course of conduct under section 812.025. The Court further held that when a tri
• Daniels v. State
  72 So. 3d 227· Fla. 2d DCA· 2011-10-05 ·cited 28×
  Aaron Daniels challenges his second-degree murder conviction, arguing the trial court committed fundamental error in giving the 2008 manslaughter by act jury instruction. The Second District affirmed, holding that the 2008 amended instruction did not erroneously require proof of
• Johnson v. State
  44 So. 3d 51· Fla.· 2010-01-14 ·cited 28×
  Paul Beasley Johnson, a death row inmate, challenged his 1988 death sentences based on prosecutorial misconduct involving a jailhouse informant whose testimony was impermissibly elicited in violation of his Sixth Amendment right to counsel. The Florida Supreme Court held that the
• Smith v. Spisak
  558 U.S. 139· U.S.· 2010-01-12 ·cited 28×
  This dissenting opinion argues that a Medicaid lien should be reduced by the same percentage as the recovery when the recovery is less than the actual value of the case due to comparative negligence or other defenses.
• Orme v. State
  25 So. 3d 536· Fla.· 2009-11-19 ·cited 28×
  Roderick Michael Orme was convicted of murder, sexual battery, and robbery in 1992 for the brutal murder of nurse Lisa Redd. After a successful ineffective assistance of counsel claim on direct appeal regarding failure to investigate bipolar disorder, Orme was resentenced to deat
• Shiver v. State
  900 So. 2d 615· Fla. 1st DCA· 2005-03-08 ·cited 28×
  Dennis Shiver appeals his DUI conviction, arguing that admission of breath test results via an affidavit violated his Sixth Amendment right to confrontation under Crawford v. Washington. The court agrees and reverses, holding that the affidavit contained testimonial hearsay regar
• State v. Knight
  866 So. 2d 1195· Fla.· 2003-08-21 ·cited 28×
  Muhammad, a death row inmate, sought post-conviction relief on his death sentence for murdering a Department of Corrections guard, claiming Brady violation and ineffective assistance of appellate counsel. The Florida Supreme Court reversed the trial court's order vacating the dea
• Grace v. State
  832 So. 2d 224· Fla. 2d DCA· 2002-12-04 ·cited 28×
  Walter Grace was convicted of felony battery in a self-defense case. The Florida appellate court reversed his conviction because the trial court abused its discretion by excluding defense testimony about the victim's prior violent acts, which was admissible character evidence rel
• Garcia v. State
  816 So. 2d 554· Fla.· 2002-04-18 ·cited 28×
  Garcia was convicted of murdering Mario Amador and Roberto Alfonso and sentenced to death. The Florida Supreme Court reversed his convictions and death sentences, finding multiple critical errors including improper exclusion of impeachment evidence against the key witness Ribera,
• Harbaugh v. State
  711 So. 2d 77· Fla. 4th DCA· 1998-04-15 ·cited 28×
  Robert Harbaugh was stopped at a police perimeter established around a crime scene where a Fort Lauderdale officer had been shot. He was charged with felony DUI based on three prior out-of-state convictions. The Fourth District reversed his conviction due to fundamental error whe
• Demitri Thompson v. State
  705 So. 2d 1046· Fla. 4th DCA· 1998-02-11 ·cited 28×
  Demitri Thompson appeals his grand theft conviction, arguing that hearsay testimony about the contents of a bill of lading was improperly admitted without the document itself being entered into evidence. The Fourth District Court of Appeal agreed, finding the testimony inadmissib
• Livingston v. State
  682 So. 2d 591· Fla. 2d DCA· 1996-10-23 ·cited 28×
  Glenn Livingston appeals his conviction for sale and possession of cocaine and his habitual felony offender sentence. The court reverses based on prosecutorial errors during cross-examination and closing argument, and an error in sentencing the possession charge as a habitual fel
• Carlis Lindsey v. State
  636 So. 2d 1327· Fla.· 1994-04-28 ·cited 28×
  Carlis Lindsey was convicted of two counts of first-degree murder and sentenced to death for killing his former girlfriend Lizziette Row and her brother John Steward. The Florida Supreme Court affirmed both convictions and sentences, rejecting Lindsey's claims regarding evidentia
• State v. Franklin
  618 So. 2d 171· Fla.· 1993-03-25 ·cited 28×
  The Florida Supreme Court answered a certified question of great public importance regarding whether a trial court commits per se reversible error by providing the jury with complete written instructions without notice to counsel when the jury requests only a specific portion of
• United States v. Maraj
  947 F.2d 520· 1st Cir.· 1991-10-16 ·cited 28×
  The court held that the evidence was sufficient to convict, the back-to-back jury empanelment was acceptable, and the trial judge's error in handling a jury note was harmless.
• United States v. Wright
  932 F.2d 868· 10th Cir.· 1991-05-03 ·cited 28×
  The court affirmed the convictions and sentences, holding that the jury instructions adequately addressed the variance between the indictment and the evidence of multiple conspiracies, and that the joinder of defendants and offenses, as well as the denial of suppression motions,
• Woods v. Dugger
  923 F.2d 1454· 11th Cir.· 1991-02-05 ·cited 28×
  The court held that the combination of pretrial publicity and the presence of numerous uniformed prison guards in the courtroom created an unacceptable risk of prejudice, thereby depriving the petitioner of his Sixth Amendment right to a fair trial.
• Orazio v. Dugger
  876 F.2d 1508· 11th Cir.· 1989-07-11 ·cited 28×
  The court held that the denial of the right to self-representation and the subsequent failure of appellate counsel to raise this issue on direct appeal constituted ineffective assistance of counsel, and that the defendant did not waive his right to self-representation.
• Mendyk v. State
  545 So. 2d 846· Fla.· 1989-06-15 ·cited 28×
  Todd Mendyk was convicted of first-degree murder, sexual battery, and kidnapping in the brutal rape and murder of convenience store clerk Lee Ann Larmon. The Florida Supreme Court affirmed his death sentence, rejecting multiple appellate challenges including claims of evidentiary
• Ogden King, Jr. v. State
  545 So. 2d 375· Fla. 4th DCA· 1989-05-31 ·cited 28×
  Ogden King was convicted of second-degree murder in the death of his girlfriend during a drug-related incident. While the appellate court affirmed that the indictment's dual theories of death (cocaine and strangulation) were valid and that the evidence was legally sufficient, it
• Coleman v. Saffle
  869 F.2d 1377· 10th Cir.· 1989-03-06 ·cited 28×
  The court held that Coleman's claim regarding the unconstitutional aggravating circumstance instruction was not barred by abuse of the writ or procedural default, and that the application of Oklahoma's subsequent reweighing rule did not violate ex post facto principles.