Harmless Error Analysis

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

• Street v. State
  592 So. 2d 369· Fla. 4th DCA· 1992-01-22 ·cited 26×
  Charles Street, convicted of possession of a handgun by a convicted felon, appeals on the ground that he was forced to exhaust his peremptory challenges to strike jurors the trial court wrongfully refused to excuse for cause. The appellate court reverses, finding that the trial c
• Wyatt v. State
  578 So. 2d 811· Fla. 3d DCA· 1991-04-23 ·cited 26×
  Jon Hall Wyatt was convicted of sexual battery and lewd assault on an eight-year-old child and sentenced to consecutive life sentences with 25-year minimums. He appeals challenging the exclusion of expert testimony that he does not fit the profile of a pedophile and claiming pros
• White v. Dugger
  565 So. 2d 700· Fla.· 1990-07-17 ·cited 26×
  Jerry White petitioned for a writ of habeas corpus and stay of execution following his conviction for murder and death sentence. The Florida Supreme Court rejected all of White's claims, including ineffective assistance of counsel, appellate deficiencies, and sentencing procedure
• United States v. Sim Ed Moree
  897 F.2d 1329· 5th Cir.· 1990-03-29 ·cited 26×
  The court affirmed the conviction for conspiracy and endeavoring to obstruct justice but vacated the sentence and remanded for resentencing.
• United States v. Schwartz
  899 F.2d 243· 3d Cir.· 1990-03-21 ·cited 26×
  A defendant can be convicted of a scheme to defraud under 18 U.S.C. § 1344(a)(1) without proof of a false representation, and the jury charge error was not plain error.
• United States ex rel. Robert E. LEE v. Flannigan
  884 F.2d 945· 7th Cir.· 1989-09-18 ·cited 26×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, affirming the denial.
• United States v. Lopez
  885 F.2d 1428· 9th Cir.· 1989-09-15 ·cited 26×
  The court held that the erroneous jury instruction regarding aiding escape was harmless error because the jury's findings necessarily supported the conviction.
• United States v. Turk
  870 F.2d 1304· 7th Cir.· 1989-03-22 ·cited 26×
  The court held that the district court did not abuse its discretion in denying motions for severance and continuance, and that prosecutorial comments and a witness's statement did not prejudice the defendants or deny them a fair trial.
• Crayton v. State
  536 So. 2d 399· Fla. 5th DCA· 1989-01-12 ·cited 26×
  James Crayton was convicted after jury trial of aggravated assault with a firearm and two related shooting offenses. The appellate court found that while the trial court erred in allowing prosecutorial comments outside the record, the error was harmless. The court also held that
• United States v. Lynn
  856 F.2d 430· 1st Cir.· 1988-09-13 ·cited 26×
  The court held that the district court abused its discretion by impermissibly circumscribing cross-examination regarding a witness's polygraph examination and by admitting evidence of the defendant's prior conviction, thereby impairing the defendant's Sixth Amendment rights.
• United States v. Echeverri
  854 F.2d 638· 3d Cir.· 1988-08-11 ·cited 26×
  The court held that the district court erred by failing to provide a specific unanimity instruction for the Continuing Criminal Enterprise (CCE) count and by admitting evidence of other crimes that was not sufficiently probative. However, the erroneous admission of evidence was d
• United States v. The Larouche Campaign
  829 F.2d 250· 1st Cir.· 1987-09-17 ·cited 26×
  The court held that it lacked appellate jurisdiction to hear the interlocutory appeal because the district court's orders denying motions to dismiss the indictment were not immediately appealable under the collateral order doctrine.
• United States v. Gruttadauro
  818 F.2d 1323· 7th Cir.· 1987-05-07 ·cited 26×
  The court held that while the admission of prior bad acts evidence under Rule 404(b) was improper because the crime did not require specific intent and the defendant did not place his mental state at issue, this error was harmless given the overwhelming evidence of guilt.
• Willard v. People of the State OF Cal.
  812 F.2d 461· 9th Cir.· 1987-03-06 ·cited 26×
  The court held that erroneous jury instructions on aiding and abetting, while incorrect under state law, were harmless beyond a reasonable doubt and did not violate federal due process. The court also declined to address the ineffective assistance of counsel claim as it was not r
• Leopard v. State
  491 So. 2d 1284· Fla. 1st DCA· 1986-07-31 ·cited 26×
  The court held that the trial judge's reasons for departing from the recommended guidelines sentence were sufficient and properly articulated, even if similar to the prosecutor's suggestions.
• Lacy v. Gardino
  791 F.2d 980· 1st Cir.· 1986-05-27 ·cited 26×
  The court affirmed the denial of the habeas corpus petition, holding that while a Sixth Amendment violation occurred, it was harmless error because the unmasked information was cumulative and did not contribute to the verdict.
• United States v. Sanchez
  790 F.2d 245· 2d Cir.· 1986-05-12 ·cited 26×
  The court held that proceeding with a trial in absentia was not an abuse of discretion, a jury instruction on flight was harmless error, and the defendant received effective assistance of counsel.
• United States v. Kelly
  790 F.2d 130· D.C. Cir.· 1986-05-09 ·cited 26×
  The court held that the district court abused its discretion by denying a motion for a new trial without developing an evidentiary record or resolving critical factual disputes regarding alleged Sixth Amendment and Brady violations.
• United States v. Ira Paul Citron
  783 F.2d 307· 2d Cir.· 1986-02-07 ·cited 26×
  The court held that the convictions for filing false returns must be vacated because the jury was not presented with a rational basis to distinguish them from the tax evasion charges. The tax evasion conviction was reversed due to the improper admission of a summary chart lacking
• Singletary v. State
  483 So. 2d 8· Fla. 2d DCA· 1985-10-11 ·cited 26×
  The court held that improper statements by a witness and the prosecutor, taken together, created sufficient prejudice to warrant reversal of the conviction.
• Brooks v. State
  476 So. 2d 163· Fla.· 1985-08-29 ·cited 26×
• McCORQUODALE v. Balkcom
  705 F.2d 1553· 11th Cir.· 1983-05-31 ·cited 26×
• Fischer v. State
  429 So. 2d 1309· Fla. 1st DCA· 1983-04-14 ·cited 26×
  Fischer was convicted of tampering with a witness after an alternate juror improperly deliberated with the six regular jurors and participated in the verdict. The court reversed and remanded, holding that an alternate juror's presence during jury deliberations constitutes fundame
• Nelson v. Scully
  672 F.2d 266· 2d Cir.· 1982-01-28 ·cited 26×
  The court held that a jury instruction on the presumption of intent, when viewed in the context of the entire charge which emphasized the presumption of innocence and the state's burden to prove specific intent beyond a reasonable doubt, did not violate due process.
• United States v. Piascik
  559 F.2d 545· 9th Cir.· 1977-08-18 ·cited 26×
  The court held that a defendant's trial counsel can waive the mandatory recording of closing arguments under 28 U.S.C. § 753(b), and such waiver binds the defendant.
• United States v. Gonzalez
  555 F.2d 308· 2d Cir.· 1977-05-06 ·cited 26×
  The court held that the informant's tip, corroborated by independent surveillance, provided probable cause for Costano's arrest, and that the admission of Costano's statement against Gonzalez violated Bruton v. United States because it was not harmless error.
• United States v. McFADYEN-Snider
  552 F.2d 1178· 6th Cir.· 1977-04-15 ·cited 26×
  The court held that the admission of irrelevant and prejudicial evidence regarding the defendant's alleged prostitution and unrelated bad checks constituted reversible error, denying the defendant a fair trial.
• United States v. Oliver
  505 F.2d 301· 7th Cir.· 1974-10-31 ·cited 26×
  The court held that the IRS agents' interrogation of the defendant, conducted without adequate Miranda warnings, violated his Fifth Amendment rights, rendering the obtained evidence inadmissible. However, the Fifth Amendment does not excuse the general obligation to report all in
• Bentley v. Crist
  469 F.2d 854· 9th Cir.· 1972-11-27 ·cited 26×
  Compelling an accused to stand trial in prison clothing may deny the presumption of innocence, and such a denial requires reversal unless harmless beyond a reasonable doubt.
• United States v. Panczko
  429 F.2d 683· 7th Cir.· 1970-07-16 ·cited 26×
  The admission of a defendant's prior conviction was prejudicial error, requiring reversal.
• Lawrence v. United States
  357 F.2d 434· 10th Cir.· 1966-03-11 ·cited 26×
  The court held that the improper admission of a co-defendant's attorney's statement, even with a subsequent admonition to the jury, was not harmless error because the statement was highly prejudicial and central to a material issue.
• United States v. Aviles
  315 F.2d 186· 2d Cir.· 1963-03-08 ·cited 26×
  The court held that the Assistant United States Attorney's interview notes were not producible under the Jencks Act because they were not substantially verbatim recitals of the witness's statements and were selectively prepared. Therefore, their non-production was not prejudicial
• United States v. Salomon E. Melgen
  967 F.3d 1250· 11th Cir.· 2020-07-31 ·cited 25×
  The court held that the district court did not err in its jury instructions on materiality, admitting summary charts, or denying a new trial, and that the sentence was reasonable.
• Charles v. State
  79 So. 3d 233· Fla. 4th DCA· 2012-02-15 ·cited 25×
  The court held that admitting a police detective's opinion testimony identifying the defendant in a surveillance video invaded the province of the jury.
• Johnson v. State
  40 So. 3d 883· Fla. 4th DCA· 2010-07-21 ·cited 25×
  Kenneth Johnson was convicted of lewd or lascivious battery against a 13-year-old girl. The appellate court reversed his conviction and remanded for a new trial because the trial court erred by admitting evidence of the victim's suicide attempts, which was highly inflammatory and
• Fulmer v. Hobson Fulmer
  961 So. 2d 1081· Fla. 1st DCA· 2007-07-26 ·cited 25×
  In this Florida dissolution of marriage appeal, the court affirmed the dissolution and denial of alimony but reversed the equitable distribution of property and denial of attorneys' fees awards due to the trial court's failure to make statutorily required factual findings.
• Irizarry v. State
  905 So. 2d 160· Fla. 3d DCA· 2005-02-09 ·cited 25×
  Dennis Irizarry appeals his convictions for kidnapping, burglary with assault or battery, aggravated battery with great bodily harm, and aggravated stalking arising from a violent attack on his former intimate partner. The appellate court affirmed all convictions, rejecting chall
• Uzi Gary Stav v. State
  860 So. 2d 478· Fla. 4th DCA· 2003-11-12 ·cited 25×
  Uzi Gary Stav was convicted of organized scheme to defraud and grand theft for his fraudulent conduct at a travel company. The appellate court affirmed his fraud conviction and the Williams Rule admission of evidence, but reversed his grand theft conviction due to double jeopardy
• Purcell v. State
  735 So. 2d 579· Fla. 4th DCA· 1999-06-23 ·cited 25×
  The court held that the trial judge erred by refusing to permit defense counsel to impeach a key prosecution witness by showing bias.
• Thompson v. State
  595 So. 2d 16· Fla.· 1992-01-30 ·cited 25×
  Charlie Thompson appeals his death sentence for two murders following retrial after his initial convictions were reversed. The Florida Supreme Court reverses Thompson's convictions again, finding that the Miranda warnings given during police interrogation failed to adequately inf
• United States v. Jenkins
  884 F.2d 433· 9th Cir.· 1989-08-30 ·cited 25×
  The court held that the district court improperly limited cross-examination regarding a witness's affidavit, but the error was harmless. The indictment was sufficiently specific, but the restitution condition on probation was unlawful. The conviction is affirmed, but the sentence
• Hammond v. JIM Hinton OIL Co., Inc.
  530 So. 2d 995· Fla. 1st DCA· 1988-08-22 ·cited 25×
  This consolidated wrongful death appeal arises from a motorcycle-car collision allegedly caused by a truck driver's negligent tailgating. The court reversed the jury verdict for the defendants, finding that the trial court erred by admitting diagrams from a privileged accident re
• Bennie Demps v. Dugger
  514 So. 2d 1092· Fla.· 1987-10-30 ·cited 25×
  The majority erred in labeling the sentencing instruction error as harmless, as it improperly restricted the jury's consideration of mitigating evidence.
• United States v. Elkins
  774 F.2d 530· 1st Cir.· 1985-10-09 ·cited 25×
  The dissenting judge argues that the majority erred in finding plain error and in distinguishing between defendants regarding the harmlessness of the error.
• Miller v. A.A. Stagner and R.L. Pulley
  757 F.2d 988· 9th Cir.· 1985-04-08 ·cited 25×
  The court held that the defendant's constitutional right to be present at critical stages of the trial was violated when he was excluded from an in camera juror disqualification hearing.
• United States v. Taylor
  728 F.2d 930· 7th Cir.· 1984-02-27 ·cited 25×
  The court held that the evidence was sufficient to prove the bank's federal insurance, the revocation of a witness's immunity was not a violation of the defendant's rights, and the prosecutor's rebuttal argument, while improper in parts, constituted harmless error.
• United States v. Popejoy
  578 F.2d 1346· 10th Cir.· 1978-06-16 ·cited 25×
  The court held that the admission of the defendant's statements, though potentially tainted by an unlawful arrest, was not plain error because no objection was made at trial and the government presented a strong case. The court also held that an inadmissible opinion statement by
• Dailey v. State
  247 So. 3d 390· Fla.· 2018-06-26 ·cited 24×
  The court held that the United States Supreme Court's decision in Hurst v. Florida does not apply retroactively to the appellant's death sentence.
• Jackson v. State
  213 So. 3d 754· Fla.· 2017-03-23 ·cited 24×
  Kenneth Jackson was convicted of first-degree murder, sexual battery with a deadly weapon, arson, and grand theft and sentenced to death. The Florida Supreme Court affirmed the convictions but vacated the death sentence, holding that Jackson's sentencing violated the Sixth Amendm
• Landmark Am. Ins. Co. v. Pin-Pon Corp. & Lexington Ins. Co.
  155 So. 3d 432· Fla. 4th DCA· 2015-01-07 ·cited 24×
  Landmark American Insurance Company appealed a $5.8 million judgment against it for breach of an excess insurance policy covering hurricane damage to Pin-Pon Corporation's hotel. The court affirmed the trial court's interpretation of the primary policy as a blanket $2.5 million p