Harmless Error Analysis

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

• Jones v. Dugger
  867 F.2d 1277· 11th Cir.· 1989-02-28 ·cited 28×
  The court held that a jury instruction failing to inform the jury they should consider all mitigating evidence, not just statutory, constitutes reversible error, even if the judge considered non-statutory evidence.
• McKinley Dudley v. Duckworth
  854 F.2d 967· 7th Cir.· 1988-08-08 ·cited 28×
  The admission of testimony regarding anonymous threats against a witness, without any evidence linking the defendant to the threats, was of such magnitude that it denied the petitioner fundamental fairness and violated his Fourteenth Amendment rights.
• Cooper v. Dugger
  526 So. 2d 900· Fla.· 1988-05-12 ·cited 28×
  Vernon Ray Cooper, a death row inmate, challenged his capital sentence on habeas corpus, arguing that the trial judge improperly excluded nonstatutory mitigating evidence at his sentencing hearing in violation of Lockett v. Ohio and Hitchcock v. Dugger. The Florida Supreme Court
• United States v. Castro
  829 F.2d 1038· 11th Cir.· 1987-10-13 ·cited 28×
  The court held that Jose Luis Castro was improperly joined in a single conspiracy charge with other defendants involved in a separate conspiracy, and this misjoinder was not harmless error. Therefore, Castro's conviction is vacated and remanded for a new trial.
• United States v. Andiarena
  823 F.2d 673· 1st Cir.· 1987-07-13 ·cited 28×
  The court affirmed the conviction, finding no merit in the defendant's claims regarding the admission of prior bad acts evidence, the completeness of the appellate record, or ineffective assistance of counsel.
• Kramer v. United States
  798 F.2d 192· 7th Cir.· 1986-08-07 ·cited 28×
  The court held that while the district court erred in not determining the actual tax liability, this error was harmless because the district court ultimately found that the disputed tax estimate was not relied upon for sentencing and ordered it attached to the presentence report.
• United States v. Lewis
  797 F.2d 358· 7th Cir.· 1986-07-18 ·cited 28×
  The court held that the evidence was sufficient to support the verdict, the jury instructions were proper, venue was proper, evidence of flight was admissible, and prosecutorial comments in closing argument were not unduly prejudicial.
• United States v. Widgery
  778 F.2d 325· 7th Cir.· 1985-11-25 ·cited 28×
  A judge's ex parte communication with the jury, even if violating procedural rules, is only reversible error if it affects the defendant's substantial rights and is not harmless.
• Haber v. Louie L. Wainwright
  756 F.2d 1520· 11th Cir.· 1985-04-08 ·cited 28×
  The court held that while the trial court's restriction on cross-examination regarding prior burglaries was likely harmless error, a remand is necessary to determine if the state failed to disclose an understanding or agreement with a key witness regarding prior crimes, which cou
• United States v. Aguilar
  756 F.2d 1418· 9th Cir.· 1985-04-02 ·cited 28×
  The court held that a trial judge cannot disregard the government's election to proceed on only one of two offenses improperly joined in a single count of an indictment, as this deprives the defendant of notice. However, the extraterritorial application of 18 U.S.C. § 912 to acts
• United States v. Hasting
  739 F.2d 1269· 7th Cir.· 1984-07-26 ·cited 28×
  The court affirmed the defendants' convictions, finding that the trial court did not abuse its discretion in its voir dire questioning and that the defenses presented were not mutually antagonistic.
• Conway v. Anderson
  698 F.2d 282· 6th Cir.· 1983-01-21 ·cited 28×
  The court held that a jury instruction creating a mandatory presumption of intent, similar to that in Sandstrom v. Montana, was harmless error in this case because the evidence overwhelmingly demonstrated the perpetrators' intent.
• Alderman v. Austin
  695 F.2d 124· 5th Cir.· 1983-01-10 ·cited 28×
• United States v. Espericueta-Reyes
  631 F.2d 616· 9th Cir.· 1980-10-29 ·cited 28×
  The court held that subsequent searches of a vehicle after an initial border crossing can be considered valid 'extended border searches' if reasonably related in time and distance to the border, and that brief detentions and questioning during such searches do not require Miranda
• Hayton v. Egeler
  555 F.2d 599· 6th Cir.· 1977-05-31 ·cited 28×
  The prosecutor's cross-examination of the appellant regarding his post-arrest silence violated his constitutional rights.
• United States v. Blanton
  520 F.2d 907· 6th Cir.· 1975-07-29 ·cited 28×
• Gilday v. Palmer C. Scafati
  428 F.2d 1027· 1st Cir.· 1970-06-24 ·cited 28×
  The court held that the rule prohibiting the use of uncounseled convictions to support guilt or enhance punishment also prevents their use for impeachment, that this rule applies retroactively, and that the admission of three uncounseled convictions for impeachment in this case c
• Booker v. State
  244 So. 3d 1151· Fla. 1st DCA· 2018-04-18 ·cited 27×
  The second sentence of section 775.082(10), Florida Statutes, which permits judges to impose state prison sentences based on judicial findings of future dangerousness, violates the Sixth Amendment as applied to Booker because it allows judges to make factual findings independent
• Dontae Morris v. State
  219 So. 3d 33· Fla.· 2017-04-27 ·cited 27×
  Dontae Morris appeals his convictions and death sentences for the first-degree premeditated murders of two law enforcement officers shot during a traffic stop. The Florida Supreme Court affirmed the convictions and sentences, rejecting multiple trial errors and finding the eviden
• Chambers v. State
  217 So. 3d 210· Fla. 4th DCA· 2017-04-19 ·cited 27×
  James Earl Chambers appeals his robbery with a deadly weapon conviction and sentence. The court affirmed his conviction but reversed and remanded for resentencing due to a scoresheet error in calculating his criminal punishment code score, improper imposition of indigent defense
• Cooper v. State
  43 So. 3d 42· Fla.· 2010-08-26 ·cited 27×
  The Florida Supreme Court quashed and remanded a Second District Court of Appeal decision that upheld Cooper's sexual battery and lewd molestation convictions, holding that the appellate court applied an improper harmless error standard by focusing on the strength of evidence rat
• Johnson v. State
  994 So. 2d 960· Fla.· 2008-09-18 ·cited 27×
  The Florida Supreme Court held that a defendant charged with felony DUI has the right to a jury trial in the second phase of a bifurcated proceeding to determine prior convictions, and that such a right cannot be waived without a proper colloquy between the trial judge and defend
• Solomon Willis v. State
  840 So. 2d 1135· Fla. 4th DCA· 2003-03-26 ·cited 27×
  The Florida District Court of Appeal, Fourth District, reversed the summary denial of a postconviction relief motion. The court found that the appellant's claim of ineffective assistance of counsel, based on the failure to instruct the jury on a lesser-included offense, was facia
• Johns v. State
  832 So. 2d 959· Fla. 2d DCA· 2002-12-27 ·cited 27×
  Jermaine Johns was convicted of attempted robbery while wearing a mask based on evidence that he was found near the crime scene with a mask identified by the victim. The Florida District Court of Appeal reversed his conviction, finding that the prosecutor's closing arguments—whic
• Konstantinos X. Fotopoulos v. State
  838 So. 2d 1122· Fla.· 2002-12-19 ·cited 27×
  Konstantinos Fotopoulos appeals the denial of postconviction relief and petitions for habeas corpus after his conviction for orchestrating two murders and an attempted murder. The Florida Supreme Court affirms the trial court's rejection of his ineffective assistance of counsel c
• Merck v. State
  763 So. 2d 295· Fla.· 2000-07-13 ·cited 27×
  Troy Merck appeals his death sentence imposed after resentencing. The Florida Supreme Court reversed and remanded for a new penalty-phase proceeding, finding that the trial court failed to adequately evaluate nonstatutory mitigating evidence regarding alcohol abuse and improperly
• White v. State
  729 So. 2d 909· Fla.· 1999-03-11 ·cited 27×
  William White appeals denial of his motion to vacate judgment and sentence under Florida Rule of Criminal Procedure 3.850. The Florida Supreme Court affirmed his first-degree murder conviction but vacated his death sentence based on Hitchcock error in the jury instructions, reman
• Howard v. State
  698 So. 2d 923· Fla. 4th DCA· 1997-09-10 ·cited 27×
  Constance Howard was convicted of manslaughter in the death of her husband on retrial after her first conviction was reversed for jury selection errors. The Fourth District Court of Appeal reversed again, this time because the trial court erred in refusing to instruct the jury on
• Pacheco v. State
  698 So. 2d 593· Fla. 2d DCA· 1997-08-01 ·cited 27×
  John Pacheco was convicted of first-degree arson, but the appellate court reversed because the trial court improperly admitted a taped statement from a non-testifying codefendant, violating both the hearsay rule and the Confrontation Clause. The court remanded for a new trial on
• Burr v. State
  576 So. 2d 278· Fla.· 1991-01-18 ·cited 27×
  On remand from the U.S. Supreme Court, the Florida Supreme Court clarified that evidence of crimes for which a defendant has been acquitted is inadmissible under Florida law, and vacated Burr's death sentence because the trial court relied on such evidence in imposing aggravating
• Barney Earl Crutchfield v. Louie L. Wainwright
  803 F.2d 1103· 11th Cir.· 1986-11-10 ·cited 27×
  Trial courts should not automatically reverse convictions when attorney-client communication is interfered with during brief recesses; defendants must demonstrate prejudice.
• Kokal v. State
  492 So. 2d 1317· Fla.· 1986-07-17 ·cited 27×
  Kokal appeals his first-degree murder conviction and death sentence for killing a hitchhiker during a robbery near Jacksonville. The Florida Supreme Court affirmed the conviction and sentence, finding substantial evidence of the charged crime and the aggravating circumstances jus
• United States v. Harrold
  796 F.2d 1275· 10th Cir.· 1986-07-14 ·cited 27×
  The court held that while the government's reference to the defendant's post-Miranda silence was error, it was harmless beyond a reasonable doubt given the overwhelming evidence of guilt. The court also found that the exclusion of certain evidence related to the good-faith defens
• Love v. Young
  781 F.2d 1307· 7th Cir.· 1986-01-27 ·cited 27×
  The court held that the identification procedures were not unduly suggestive and that the admission of the defendant's statements to Detective Lombardo did not violate his Sixth Amendment right to counsel because he validly waived that right.
• Bowen v. Kemp
  769 F.2d 672· 11th Cir.· 1985-08-06 ·cited 27×
  The petitioner lacks standing to assert an Equal Protection claim based on the underrepresentation of women on the jury pool, as he is not a member of the underrepresented group.
• United States v. Wables
  731 F.2d 440· 7th Cir.· 1984-04-09 ·cited 27×
  The court held that a trial court has discretion to fashion remedies for untimely Jencks Act material production, beyond striking testimony or declaring a mistrial, if the government acted in good faith and prejudice is curable. The court also affirmed the admissibility of busine
• United States v. Ocampo
  650 F.2d 421· 2d Cir.· 1981-06-02 ·cited 27×
  The court held that the admission of hearsay testimony identifying a defendant as a known drug trafficker was reversible error, but upheld the convictions of other defendants based on sufficient evidence and proper procedures.
• Badger v. Cardwell
  587 F.2d 968· 9th Cir.· 1978-10-26 ·cited 27×
  The court held that the defendant's second and third expulsions from the courtroom were erroneous and not harmless error, as his misconduct did not rise to the level that necessitated his removal to ensure a fair trial, especially when considering his right to self-representation
• United States v. Indian BOY X
  565 F.2d 585· 9th Cir.· 1977-12-02 ·cited 27×
  The court held that the juvenile's confession was admissible, the destruction of FBI notes was harmless error, and the government met its burden of proof for federal jurisdiction. The court affirmed the conviction.
• United States v. Reed
  476 F.2d 1145· D.C. Cir.· 1973-03-09 ·cited 27×
• Rodriguez v. State
  39 So. 3d 275· Fla.· 2010-05-06 ·cited 26×
  Manuel Antonio Rodriguez was convicted of three first-degree murders and sentenced to death. On appeal, he challenged the conviction and sentence through postconviction motions and a habeas petition, raising numerous claims of ineffective assistance of counsel, Brady violations (
• Palmore v. State
  838 So. 2d 1222· Fla. 1st DCA· 2003-03-07 ·cited 26×
  Albert Lee Palmore was convicted of second-degree murder for killing his former girlfriend, but appealed arguing the trial court erred by denying his request for a jury instruction on heat of passion as a defense to reduce the charge to manslaughter. The appellate court agreed th
• White v. Consol. Freightways Corp. OF Del.
  766 So. 2d 1228· Fla. 1st DCA· 2000-09-25 ·cited 26×
  In this personal injury motor vehicle accident case, the Florida District Court of Appeal reversed a jury verdict for defendants because defense counsel improperly commented during opening statements that no one at the accident scene told the investigating officer the truck drive
• Mordenti v. State
  711 So. 2d 30· Fla.· 1998-05-28 ·cited 26×
  Michael Mordenti, convicted of murder and sentenced to death, appealed the trial court's summary denial of his Rule 3.850 motion for postconviction relief. The Florida Supreme Court reversed, holding that the trial court erred by summarily denying the motion without conducting a
• Oswaldo Palazon v. State
  711 So. 2d 1176· Fla. 2d DCA· 1998-04-15 ·cited 26×
  The court did not issue a holding as this is a concurring opinion.
• Jones v. State
  690 So. 2d 568· Fla.· 1996-12-26 ·cited 26×
  Jones was convicted of first-degree murder of Monique Stow and attempted first-degree murder of Ezra Stow and sentenced to death. On direct appeal, the Florida Supreme Court upheld the convictions and death sentence, rejecting Jones' arguments that the pecuniary gain and cold, ca
• California v. ROY
  519 U.S. 2· U.S.· 1996-11-04 ·cited 26×
  The Court holds that the Brecht-O'Neal standard, not the Chapman standard, applies to errors presented on habeas corpus review.
• Vines v. United States
  28 F.3d 1123· 11th Cir.· 1994-08-17 ·cited 26×
  The Sixth Amendment right to counsel is fundamental and requires an affirmative, knowing, intelligent, and voluntary waiver. The temporary absence of counsel during a critical stage of trial, such as the taking of evidence, is a structural defect requiring automatic reversal unle
• Etheria Verdell Jackson v. Dugger
  633 So. 2d 1051· Fla.· 1993-09-09 ·cited 26×
  Etheria Jackson, a death row inmate, appealed the denial of his Rule 3.850 postconviction motion and filed a habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial, finding no merit to Jackson's ineffective assistance of counsel claims, procedural bar
• Cumbie v. Singletary
  991 F.2d 715· 11th Cir.· 1993-05-26 ·cited 26×
  Kenneth Cumbie was convicted in 1987 of attempting to sexually assault his five-year-old stepdaughter after she testified via one-way closed circuit television outside his presence. The Eleventh Circuit held that the trial court violated Cumbie's Sixth Amendment right to face-to-