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

• Hittson v. GDCP Warden
  759 F.3d 1210· 11th Cir.· 2014-07-09 ·cited 193×
  The concurrence agrees with the majority that the Georgia Superior Court's application of the Brecht harmless-error standard, rather than the Chapman standard, on state collateral review is irrelevant to federal habeas relief under AEDPA. The concurrence emphasizes that AEDPA req
• Rodriguez v. State
  297 So. 2d 15· Fla.· 1974-06-26 ·cited 193×
  The Florida Supreme Court reversed the convictions of defendants charged with conducting a lottery, holding that the affidavit supporting the wiretap order failed to establish probable cause due to staleness of information, and that the wiretap execution violated statutory minimi
• Salazar v. State
  991 So. 2d 364· Fla.· 2008-07-10 ·cited 190×
  Neil Salazar appeals his conviction and death sentence for the first-degree murder of Evelyn Nutter. The Florida Supreme Court affirmed both the conviction and sentence, finding that Salazar was the mastermind behind a brutal home invasion and murder carried out by accomplice Jul
• Martin v. State
  717 So. 2d 462· Fla.· 1998-06-11 ·cited 189×
  Pablo San Martin was convicted of first-degree murder of a police officer during a bank robbery and sentenced to death. The Florida Supreme Court affirmed his convictions but vacated the death sentence because the trial judge improperly overrode the jury's recommendation of life
• Viverette v. Comm'r of Soc. Sec.
  13 F.4th 1309· 11th Cir.· 2021-09-21 ·cited 188×·via Harmless Error Doctrine
  The Eleventh Circuit held that there is an apparent conflict between a residual functional capacity limited to simple, routine, and repetitive tasks and the demands of Level 3 reasoning, and that the ALJ's failure to address this conflict was not harmless error.
• Glendening v. State
  536 So. 2d 212· Fla.· 1988-12-01 ·cited 187×
  The Florida Supreme Court upheld the constitutionality of section 90.803(23), a hearsay exception permitting out-of-court statements by child victims of sexual abuse, and affirmed Glendening's conviction for sexually abusing his three-and-a-half-year-old daughter. The Court rejec
• Francis v. State
  413 So. 2d 1175· Fla.· 1982-04-15 ·cited 187×
  Bobby Marion Francis was convicted of first-degree murder and sentenced to death. The Florida Supreme Court reversed his conviction because he was involuntarily absent during a critical stage of jury selection—the exercise of peremptory challenges—without valid waiver, denying hi
• Hadden v. State
  690 So. 2d 573· Fla.· 1997-02-06 ·cited 186×
  The Florida Supreme Court held that expert testimony regarding child sexual abuse accommodation syndrome (CSAAS) must satisfy the Frye standard for novel scientific evidence and determined that such syndrome testimony currently does not meet that standard and therefore is inadmis
• Pope v. State
  679 So. 2d 710· Fla.· 1996-06-13 ·cited 185×
  Horace Melvin Pope was convicted of first-degree murder and robbery in the brutal killing of Alice Mahaffey and sentenced to death. The Florida Supreme Court affirmed his convictions and death sentence, rejecting multiple appellate challenges including claims of evidentiary error
• Rigoberto Caso v. State
  524 So. 2d 422· Fla.· 1988-04-07 ·cited 183×
  Rigoberto Caso appealed his conviction for two counts of second-degree murder, challenging the admissibility of a custodial confession obtained after an incomplete Miranda warning that failed to advise him of his right to appointed counsel if indigent. The Florida Supreme Court h
• McQUEEN v. Swenson
  498 F.2d 207· 8th Cir.· 1974-06-04 ·cited 183×·via Harmless Constitutional Error
  The court held that the petitioner's trial counsel's failure to conduct any pretrial investigation beyond interviewing the defendant constituted ineffective assistance of counsel, violating the Sixth and Fourteenth Amendments.
• State v. Warner
  762 So. 2d 507· Fla.· 2000-06-22 ·cited 182×
  The Florida Supreme Court resolved a conflict between two district courts regarding whether trial judges may participate in plea bargaining and advise defendants of potential sentences before accepting guilty pleas. The Court held that judicial participation is permissible under
• State v. Baird
  572 So. 2d 904· Fla.· 1990-11-29 ·cited 182×
  The Florida Supreme Court reviewed a First District Court of Appeal decision that reversed a racketeering conviction based on the admission of inadmissible hearsay testimony from an FDLE agent relating information received from an informant about the defendant's gambling activiti
• United States v. Shackleford
  738 F.2d 776· 7th Cir.· 1984-06-19 ·cited 182×
  The court held that admitting testimony of prior similar misconduct was an abuse of discretion and not harmless error, requiring reversal of the extortion conviction. The court affirmed the conviction for possession of unregistered explosives.
• Rodriguez v. State
  919 So. 2d 1252· Fla.· 2005-05-26 ·cited 181×
  Juan David Rodriguez, a death-sentenced prisoner, appeals the denial of his Rule 3.850 postconviction motion and petitions for writ of habeas corpus. The Florida Supreme Court affirmed the trial court's denial of all postconviction claims and denied habeas relief, finding no meri
• Heath v. State
  648 So. 2d 660· Fla.· 1994-10-20 ·cited 180×
  Ronald Heath, sentenced to death for the first-degree murder of Michael Sheridan committed during an armed robbery in 1989, appeals his conviction and death sentence. The Florida Supreme Court affirms both the conviction and the death sentence, finding no reversible error in the
• Kearse v. State
  662 So. 2d 677· Fla.· 1995-06-22 ·cited 178×
  The Florida Supreme Court affirmed Billy Leon Kearse's convictions for first-degree murder and robbery with a firearm in the killing of Fort Pierce police officer Danny Parrish, but vacated his death sentence and remanded for a new penalty phase proceeding before a jury due to er
• McArthur Breedlove v. State
  413 So. 2d 1· Fla.· 1982-03-04 ·cited 178×·via Harmless Error Standard
  McArthur Breedlove was convicted of first-degree murder, burglary, and theft arising from a home invasion and stabbing death, and sentenced to death. The Florida Supreme Court affirmed his conviction and death sentence, rejecting challenges based on Brady violations, suppression
• Card v. State
  803 So. 2d 613· Fla.· 2001-10-11 ·cited 177×
  James Armando Card appeals his death sentence following resentencing after a trial court vacated his original death penalty on procedural grounds. The Florida Supreme Court affirmed the death sentence, rejecting Card's challenges to the trial judge's recusal ruling, prosecutorial
• Brooks v. Kemp
  762 F.2d 1383· 11th Cir.· 1985-05-31 ·cited 177×
  The court denied petitions for rehearing, with a dissenting opinion arguing the majority's prejudice test conflicts with Supreme Court precedent.
• Casteel v. State
  498 So. 2d 1249· Fla.· 1986-12-11 ·cited 176×
  The Florida Supreme Court held that when a sentencing court relies on both valid and invalid reasons for departing from sentencing guidelines, reversal and resentencing is required unless the state proves beyond a reasonable doubt that the invalid reasons did not affect the depar
• United States v. Robinson
  560 F.2d 507· 2d Cir.· 1977-07-28 ·cited 176×·via Harmless Error Doctrine
• Rory Enrique Conde v. State
  860 So. 2d 930· Fla.· 2003-09-04 ·cited 172×
  Rory Enrique Conde was convicted of first-degree murder and sentenced to death for strangling prostitute Rhonda Dunn in 1995, part of a serial killing spree of six victims over six months. The Florida Supreme Court affirmed both conviction and death sentence, addressing Conde's t
• Duest v. Dugger
  555 So. 2d 849· Fla.· 1990-01-18 ·cited 172×·via Harmless Error Standard
  Lloyd Duest was convicted of first-degree murder and sentenced to death. The Florida Supreme Court reviewed his petition for habeas corpus and appeal from denial of postconviction relief, rejecting his claims that undisclosed evidence, a vacated prior conviction, and ineffective
• United States v. Hearst
  563 F.2d 1331· 9th Cir.· 1977-11-02 ·cited 171×
  The court held that admitting evidence of subsequent crimes was proper and that the defendant waived her Fifth Amendment privilege against self-incrimination by testifying, allowing cross-examination on related matters.
• Hopkins v. State
  632 So. 2d 1372· Fla.· 1994-01-20 ·cited 170×
  The Florida Supreme Court held that a trial court's failure to make specific statutory findings required by section 92.54(5) before permitting a child witness to testify via closed-circuit television does not constitute fundamental error, but such failure is error that must be re
• Garcia v. State
  492 So. 2d 360· Fla.· 1986-06-05 ·cited 169×
  Garcia was convicted of two counts of first-degree murder, three robberies, and conspiracy to commit armed robbery, receiving two death sentences. On appeal, Garcia challenged his right-to-be-present claims, the admissibility of his statements, various trial and sentencing proced
• Roman v. State
  475 So. 2d 1228· Fla.· 1985-08-30 ·cited 169×
  Ernest Lee Roman was convicted of first-degree murder, kidnapping, and sexual battery of a two-year-old victim and sentenced to death. The Florida Supreme Court affirmed the conviction and death sentence, finding no reversible error despite some evidentiary issues regarding hears
• Davis v. State
  461 So. 2d 67· Fla.· 1984-10-04 ·cited 169×·via Harmless Error Rule (Chapman V. California)
  Allen Davis appeals his convictions for three counts of first-degree murder and three death sentences in a case involving the shooting and beating deaths of a woman and her two young daughters. The Florida Supreme Court affirms the convictions and sentences after reviewing Davis'
• United States v. Basurto
  497 F.2d 781· 9th Cir.· 1974-05-10 ·cited 169×·via Harmless Error Rule (Chapman V. California)
  The court held that federal prosecutors have a duty, under the court's supervisory power, to notify the grand jury when an indictment is based on perjured testimony.
• Farrow v. United States
  580 F.2d 1339· 9th Cir.· 1978-08-31 ·cited 167×·via Harmless Error Doctrine
  The dissenting opinion argues that the district court erred by following the Lipscomb procedure, which improperly assesses sentence appropriateness rather than whether the sentence would have been different absent invalid prior convictions.
• Smith v. State
  500 So. 2d 125· Fla.· 1986-12-24 ·cited 166×·via Harmless Error Rule
  A trial court's failure to conduct a Richardson inquiry into a prosecution's discovery violation constitutes per se reversible error, even where the court might ultimately find the violation harmless. The defendant must be afforded a hearing to demonstrate prejudice from the undi
• Cumbie v. State
  345 So. 2d 1061· Fla.· 1977-03-17 ·cited 166×
  The Florida Supreme Court held that the trial judge committed reversible error by admitting surprise testimony about the defendant's statements without conducting a full inquiry into prejudice as required by Richardson v. State. The state violated discovery rules by falsely stati
• United States v. Decoster
  624 F.2d 196· D.C. Cir.· 1976-10-19 ·cited 165×·via Harmless Error Rule
  The court held that while a defendant must demonstrate a substantial breach of duty by counsel, the government bears the burden of proving lack of prejudice if the breach is established.
• Henyard v. State
  689 So. 2d 239· Fla.· 1996-12-19 ·cited 164×
  Richard Henyard was convicted of two counts of first-degree murder, sexual battery, armed kidnapping, attempted murder, and robbery for his role in abducting, raping, and shooting Ms. Lewis and murdering her two young daughters in January 1993. The Florida Supreme Court affirmed
• Windom v. State
  656 So. 2d 432· Fla.· 1995-04-27 ·cited 163×
  Curtis Windom was convicted of three counts of first-degree murder and one count of attempted first-degree murder in connection with a shooting spree in Winter Garden, Florida on February 7, 1992. The Florida Supreme Court affirmed his three death sentences and consecutive 22-yea
• Frederick A.R. Heuring v. State
  513 So. 2d 122· Fla.· 1987-09-24 ·cited 162×
  The Florida Supreme Court held that sexual battery is not a capital offense and therefore may be charged by information rather than indictment. The Court also reversed Heuring's conviction for sexual battery due to cumulative trial errors, including the improper admission of evid
• Garron v. State
  528 So. 2d 353· Fla.· 1988-05-19 ·cited 161×
  Joseph Henry Garron was convicted of first-degree murder and sentenced to death for killing his wife and stepdaughter. The Florida Supreme Court reversed both the conviction and death sentence, finding multiple instances of prosecutorial misconduct, erroneous evidentiary rulings,
• Davis v. State
  698 So. 2d 1182· Fla.· 1997-06-05 ·cited 159×
  Eddie Wayne Davis was convicted of murdering eleven-year-old Kimberly Waters and sentenced to death. The Florida Supreme Court affirmed the conviction and death sentence, rejecting Davis's challenges to the admissibility of his confessions, jury instructions, prosecutorial argume
• Smith v. State
  521 So. 2d 106· Fla.· 1988-01-21 ·cited 159×
  The standard jury instruction on insanity, despite being inadequate to fully state Florida law regarding the burden of proof on sanity, is not fundamental error requiring reversal when given without objection and when the overall jury instructions made clear the state's burden to
• Brooks v. State
  918 So. 2d 181· Fla.· 2005-06-23 ·cited 158×
  This case involves Lamar Brooks' appeal of his conviction and death sentences for the first-degree murders of Rachel Carlson and her infant daughter, Alexis Stuart. This is Brooks' second appeal after his initial conviction was reversed in 2001 due to erroneous hearsay testimony.
• Martinez v. State
  761 So. 2d 1074· Fla.· 2000-06-15 ·cited 158×
  Joaquin Martinez was convicted of armed burglary, two counts of first-degree murder, and sentenced to death for the murder of Sherrie McCoy-Ward. The Florida Supreme Court reversed his convictions, finding that the prosecution improperly elicited testimony from the lead detective
• State v. Marshall
  476 So. 2d 150· Fla.· 1985-08-30 ·cited 157×·via Harmless Error Doctrine
  The Florida Supreme Court held that prosecutors' comments on a defendant's failure to testify constitute error but may be reviewed under the harmless error doctrine rather than resulting in automatic reversal. The Court overruled its prior precedent requiring per se reversal and
• Bolender v. Singletary
  16 F.3d 1547· 11th Cir.· 1994-03-11 ·cited 154×
  Bernard Bolender was convicted in 1980 of four counts of first-degree murder, kidnapping, and armed robbery for torturing and killing four alleged drug dealers. Although a jury unanimously recommended life imprisonment, the trial judge overrode that recommendation and imposed dea
• Salvatore v. State
  366 So. 2d 745· Fla.· 1978-09-07 ·cited 154×·via Harmless Error Rule
  Michael Salvatore was convicted of first-degree murder and conspiracy to commit murder in the brutal killing of business associate Burt DeWitt. The Florida Supreme Court affirmed his death sentence, rejecting challenges regarding mistrial, evidence suppression, jury composition,
• Hines v. State
  358 So. 2d 183· Fla.· 1978-04-20 ·cited 154×
  The Florida Supreme Court held that while an affidavit alleging a probationer's felony arrest may be sufficient for temporary revocation of probation, a permanent revocation requires the affidavit to allege basic facts about the alleged violation (nature, time, place) to satisfy
• United States v. Annunziato
  293 F.2d 373· 2d Cir.· 1961-07-26 ·cited 154×·via Harmless Error Doctrine
  The court held that certain hearsay statements were admissible as declarations of intent or co-conspirator statements, and that the failure to produce an FBI interview report constituted harmless error.
• Gordon v. State
  104 So. 2d 524· Fla.· 1958-07-25 ·cited 154×
  The Florida Supreme Court reversed the convictions of Gordon and King for subornation of perjury and Busbee and Arnold for perjury, finding multiple reversible errors in the trial, including admission of irrelevant evidence about alleged election law violations, improper prosecut
• Kearse v. State
  770 So. 2d 1119· Fla.· 2000-06-29 ·cited 153×
  Billy Leon Kearse appeals his death sentence imposed upon resentencing for the murder of a Fort Pierce police officer. The Florida Supreme Court affirms the death sentence, rejecting all twenty-two issues raised on appeal, including challenges to venue, jury selection, prosecutor
• Reynolds v. State
  934 So. 2d 1128· Fla.· 2006-05-18 ·cited 152×
  Michael Gordon Reynolds was convicted of two counts of first-degree murder for the deaths of Robin and Christina Razor and sentenced to death. The Florida Supreme Court affirmed the convictions and death sentences, rejecting Reynolds' arguments regarding hearsay evidence, suffici