Harmless Error Analysis

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

• Browne v. State
  132 So. 3d 312· Fla. 4th DCA· 2014-01-22 ·cited 24×
  Roger Browne was convicted of attempted sexual battery after a college student who was observing him at his medical practice reported that he forced her into sexual contact in his car. The court reversed his conviction, finding that the trial court erred by admitting hearsay test
• Jennings v. State
  124 So. 3d 257· Fla. 3d DCA· 2013-09-11 ·cited 24×
  Carlos Jennings appeals his conviction for attempted trafficking in cocaine, challenging the sufficiency of evidence for constructive possession and the trial court's decision to issue a curative instruction rather than grant a mistrial after improper prosecutorial remarks. The T
• Daugherty v. State
  96 So. 3d 1076· Fla. 4th DCA· 2012-09-05 ·cited 24×
  Thomas Daugherty appeals his convictions for second-degree murder and attempted second-degree murder arising from violent attacks on homeless men. The court affirmed his convictions but remanded for resentencing because his mandatory life sentence without parole as a 17-year-old
• State v. Lemuel E. Isaac
  66 So. 3d 912· Fla.· 2011-06-16 ·cited 24×
• Eaglin v. State
  19 So. 3d 935· Fla.· 2009-06-04 ·cited 24×
  Dwight Eaglin was convicted of two first-degree murders committed during a prison escape attempt and sentenced to death. The Florida Supreme Court affirmed his convictions and death sentences, finding sufficient evidence of premeditation and cold, calculated conduct, and rejectin
• C.A. v. Dep't of Child. & Families
  958 So. 2d 554· Fla. 4th DCA· 2007-06-13 ·cited 24×
  C.A., a father, appeals a trial court's adjudication of dependency for his minor child E.A. following the child's mother's cocaine overdose. The appellate court reversed, finding that the trial court erred in admitting the mother's hearsay statements and that the evidence was leg
• Docekal v. State
  929 So. 2d 1139· Fla. 5th DCA· 2006-06-02 ·cited 24×
  Rick Docekal was convicted of sexual battery after a sexual encounter with a coworker at a company convention. The Florida appellate court reversed and remanded for a new trial, holding that the trial court abused its discretion by limiting Docekal's cross-examination of the vict
• Colon v. State
  909 So. 2d 484· Fla. 5th DCA· 2005-08-26 ·cited 24×
  Jose Colon appealed his resentencing following Heggs v. State, challenging the trial court's use of his two capital felony convictions to triple his primary offense score on the 1995 guidelines scoresheet and claiming ineffective assistance of counsel. The court held that the cap
• Bermudez v. State
  901 So. 2d 981· Fla. 4th DCA· 2005-05-11 ·cited 24×
  Pablo Bermudez appealed the denial of his motion to withdraw a guilty plea, arguing his counsel promised him a sentence of eight years or four years plus drug farm if he pleaded guilty, but he received 20 years instead. The Fourth District reversed and remanded, finding the pro s
• Hughes v. State
  826 So. 2d 1070· Fla. 1st DCA· 2002-10-02 ·cited 24×
  Hughes challenges his sentence as violating Apprendi v. New Jersey because judicial findings of fact enhanced his sentence beyond the statutory maximum. The First District Court of Appeal holds that Apprendi does not apply retroactively to sentences that became final before the S
• Leveritt v. State
  817 So. 2d 891· Fla. 1st DCA· 2002-05-07 ·cited 24×
  Robert Charles Leveritt appeals his convictions for DUI manslaughter and vehicular homicide following a fatal single-car accident while intoxicated. The court affirmed the convictions but vacated the vehicular homicide conviction as duplicative, certified a question of great publ
• Rivero v. State
  752 So. 2d 1244· Fla. 3d DCA· 2000-03-08 ·cited 24×
  Rafael Rivero appeals his convictions for attempted second degree murder with a firearm. The court reversed and remanded for a new trial due to improper prosecutorial closing arguments that constituted reversible error, while affirming the viability of the attempted second degree
• Garcia v. State
  659 So. 2d 388· Fla. 2d DCA· 1995-07-19 ·cited 24×
  Rolando Garcia was convicted of lewd and lascivious assault on a child based largely on hearsay statements made by the child victim to various adults. The appellate court reversed because the trial court failed to make the case-specific findings of reliability required by Florida
• Foster v. State
  654 So. 2d 112· Fla.· 1995-02-23 ·cited 24×
  Charles Kenneth Foster appeals his death sentence for the 1975 murder of Julian Lanier following a resentencing proceeding ordered by the Florida Supreme Court. The Court affirms Foster's death sentence, rejecting claims regarding proportionality, mental health mitigators, and th
• Graves v. State
  642 So. 2d 142· Fla. 4th DCA· 1994-09-14 ·cited 24×
  A convicted defendant appealed his conviction for drug possession in a state correctional institution, arguing the trial judge failed to conduct a required hearing on his motion to discharge his public defender. The Fourth District Court of Appeal reversed and remanded for a new
• Lewis v. State
  623 So. 2d 1205· Fla. 4th DCA· 1993-08-25 ·cited 24×
  Carl Lewis was convicted of robbery; the appellate court reversed on three grounds: improper limitation on cross-examination of the victim regarding non-pending charges, erroneous jury instruction on flight, and failure to conduct a proper Nelson hearing regarding counsel dischar
• Wickham v. State
  593 So. 2d 191· Fla.· 1991-12-12 ·cited 24×
  Jerry Michael Wickham appeals his death sentence for the murder of Morris Fleming during a roadside robbery. The Florida Supreme Court affirmed the conviction and death sentence, finding the trial court erred in failing to find and weigh mitigating evidence but determining the er
• Booker v. Dugger
  922 F.2d 633· 11th Cir.· 1991-01-14 ·cited 24×
  The court affirmed the district court's grant of habeas corpus, holding that the petitioner's death sentence was imposed in violation of Hitchcock v. Dugger because the sentencing court was precluded from considering nonstatutory mitigating evidence, and this error was not harmle
• United States v. Donnie G. Brunson
  915 F.2d 942· 5th Cir.· 1990-10-11 ·cited 24×
  The court held that a sentencing error that results in a sentence exceeding the legally prescribed term, even if not objected to at trial, constitutes plain error requiring reversal.
• Solomon Monk v. Colonel Gordon N. Zelez
  901 F.2d 885· 10th Cir.· 1990-04-25 ·cited 24×
  The court held that the military judge's reasonable doubt instruction impermissibly lessened the prosecution's burden of proof, violating the defendant's due process rights.
• West v. State
  553 So. 2d 254· Fla. 4th DCA· 1989-11-22 ·cited 24×
  Russell West appeals his convictions for DUI manslaughter, driving with a suspended license, and violation of probation. The court reverses the DUI manslaughter conviction due to multiple evidentiary errors including admission of irrelevant drug evidence, privileged accident inve
• United States v. Pacheco-Ortiz
  889 F.2d 301· 1st Cir.· 1989-11-01 ·cited 24×
  The court affirmed convictions for conspiracy and two counts of mail fraud, but reversed one count of mail fraud. It also expressed strong disapproval of the government's failure to provide target warnings to a grand jury witness.
• Zerquera v. State
  549 So. 2d 189· Fla.· 1989-09-28 ·cited 24×
  Jorge Zerquera appeals his convictions for first-degree murder and other crimes, and a death sentence. The Florida Supreme Court affirms convictions for armed robbery, grand theft, arson, and tampering with evidence, but reverses the first-degree murder conviction and vacates the
• Lockhart v. Westinghouse Credit Corp.
  879 F.2d 43· 3d Cir.· 1989-06-13 ·cited 24×
  The dissenting judge would reverse the judgment in favor of the plaintiff, arguing that numerous errors committed by the district court, particularly the improper joinder of plaintiffs and erroneous jury instructions, were not harmless and prejudiced the defendant. The dissent co
• United States v. Rapp
  871 F.2d 957· 11th Cir.· 1989-04-27 ·cited 24×
  The court held that the evidence was insufficient to support Rapp's convictions on certain counts, but that the trial court's error in responding to a jury communication without consulting counsel was harmless as to Bazarian and Renda.
• United States v. Peden
  872 F.2d 1303· 7th Cir.· 1989-04-19 ·cited 24×
  The court held that the failure to admonish the defendant that restitution could be part of his sentence was not harmless error.
• United States v. Candoli
  870 F.2d 496· 9th Cir.· 1989-03-13 ·cited 24×
  The court held that the evidence was insufficient to sustain the attempted arson conviction, but affirmed the remaining convictions, finding no reversible error in the other evidentiary rulings or jury instructions.
• Spivey v. State
  529 So. 2d 1088· Fla.· 1988-07-14 ·cited 24×
  Herbert Spivey, Jr. was convicted of first-degree murder, conspiracy, and robbery in the contract killing of Crofton's husband. The Florida Supreme Court affirmed the conviction but reversed the death penalty, holding that cross-examination regarding Spivey's post-arrest Miranda
• Dickson v. G.E. Sullivan
  849 F.2d 403· 9th Cir.· 1988-06-13 ·cited 24×
  The court held that a deputy sheriff's statement to two jurors that the defendant had "done something like this before" created a reasonable possibility of prejudice, requiring reversal of the habeas corpus denial.
• United States v. Wiley
  846 F.2d 150· 2d Cir.· 1988-05-06 ·cited 24×
  The court held that the evidence was insufficient to support Reynolds' conviction for aiding and abetting the SCS wire fraud scheme, reversing that conviction. Other convictions were affirmed.
• Quiles v. State
  523 So. 2d 1261· Fla. 2d DCA· 1988-04-27 ·cited 24×
  Daniel Quiles was convicted of two counts of aggravated assault with a firearm and criminal mischief following a street altercation. The appellate court reversed and remanded for a new trial, finding that the trial court committed reversible error by allowing hearsay testimony ab
• United States v. Hutson
  821 F.2d 1015· 5th Cir.· 1987-06-30 ·cited 24×
  The court held that the district court erred by failing to conduct a second competency hearing, but this error does not mandate reversal if a meaningful retrospective hearing can be held and the defendant is found competent. Otherwise, convictions are affirmed.
• Simonne Elwood and Cheryl A. Pimental v. Pina
  815 F.2d 173· 1st Cir.· 1987-03-31 ·cited 24×
  The court held that the district court did not err in its jury instructions regarding political association rights and the 'but for' causation standard, and that any error in instructing on the state civil rights claim was harmless.
• United States v. Jairo Andres Castro and Oscar Ramiro Pozo
  813 F.2d 571· 2d Cir.· 1987-03-09 ·cited 24×
  The court held that the district court did not abuse its discretion in admitting a redacted statement, that the evidence was sufficient for conviction, and that jury instructions and joinder were proper.
• Smith v. State
  492 So. 2d 1063· Fla.· 1986-07-17 ·cited 24×
  The Florida Supreme Court reversed Derrick Smith's conviction and death sentence for first-degree murder because of multiple constitutional errors during trial, including improper comments on Smith's exercise of his right to remain silent and admission of a statement made after S
• Wilson v. State
  490 So. 2d 1062· Fla. 5th DCA· 1986-07-03 ·cited 24×
  James Edward Wilson was convicted of cocaine delivery and possession based on an undercover officer's testimony about a March 1985 drug sale. The Florida appellate court reversed because the trial court improperly admitted Williams rule evidence of a prior drug transaction from J
• Rainey v. Beech Aircraft Corp.
  784 F.2d 1523· 11th Cir.· 1986-03-25 ·cited 24×
  The court is bound by precedent to exclude evaluative conclusions in a report under Fed.R.Evid. 803(8)(c).
• United States v. Remigio
  767 F.2d 730· 10th Cir.· 1985-07-17 ·cited 24×
  The court held that entry through an open door in the presence of a defendant does not violate the knock-and-announce statute (18 U.S.C. § 3109), and a prosecutor's single, objected-to comment on post-arrest silence can be harmless error given overwhelming evidence of guilt.
• United States v. De Robertis
  755 F.2d 1279· 7th Cir.· 1985-02-20 ·cited 24×
  The court held that the prosecutor's improper comment on an unadmitted police report during closing arguments was sufficiently likely to have affected the trial's outcome, thus denying the defendant due process.
• Bricker v. State
  462 So. 2d 556· Fla. 3d DCA· 1985-01-15 ·cited 24×
  Daniel Bricker, a state beauty salon inspector, was convicted of bribery and receiving unauthorized compensation after an undercover sting operation at La Coupe salon. The appellate court reversed his conviction due to two trial errors: admission of similar-act evidence from an u
• United States v. Thaeeb BAY
  748 F.2d 1344· 9th Cir.· 1984-12-05 ·cited 24×
  The court held that refusing to allow a defendant to exhibit tattoos to the jury without testifying was error, as was excluding a witness's prior forgery conviction for impeachment.
• Jefferson Lane v. State
  459 So. 2d 1145· Fla. 3d DCA· 1984-11-27 ·cited 24×
  Jefferson Lane was convicted of armed robbery as a principal in two counts. The Florida District Court of Appeal reversed his conviction and remanded for a new trial based on two constitutional and procedural errors: his exclusion from jury peremptory challenges and the prosecuto
• United States ex rel. v. J.W. Fairman
  707 F.2d 936· 7th Cir.· 1983-05-09 ·cited 24×
  The court affirmed the denial of habeas corpus, holding that the petitioner failed to exhaust his state remedies by not raising his Sixth Amendment claim in state court, and alternatively, that any error in excluding the witness's prior inconsistent statement was harmless.
• Tacoronte v. State
  419 So. 2d 789· Fla. 3d DCA· 1982-09-28 ·cited 24×
  Felix Tacoronte was convicted of second-degree murder and unlawful firearm possession following a jury trial. On appeal, he challenged three evidentiary and prosecutorial issues, but the appellate court affirmed his conviction, finding no reversible error based on the overwhelmin
• United States v. Howell
  664 F.2d 101· 5th Cir.· 1981-12-18 ·cited 24×
  The court held that tape recordings obtained with consent were admissible and that the admission of hearsay evidence regarding one defendant's reputation constituted harmless error. The court also affirmed the denial of a severance motion.
• United States v. Artlet Smith
  629 F.2d 650· 10th Cir.· 1980-08-12 ·cited 24×
  The court held that the admission of evidence of prior misconduct and the timing of the entrapment instruction did not constitute reversible error.
• Gayle v. LeFEVRE
  613 F.2d 21· 2d Cir.· 1980-01-11 ·cited 24×
  The court held that the appellant failed to exhaust state remedies because federal constitutional claims were raised for the first time in federal court, not presented to the state courts.
• United States v. Agee
  597 F.2d 350· 3d Cir.· 1979-03-06 ·cited 24×
  The dissenting opinion argues that the defendant's conviction should be overturned due to improper references to his silence at the time of arrest and the trial court's prejudicial admonition regarding his right to remain silent.
• Lussier v. Gunter
  552 F.2d 385· 1st Cir.· 1977-03-31 ·cited 24×
  The court held that even if the prosecutor's comment on the defendant's silence was improper, it was rendered harmless beyond a reasonable doubt by the trial judge's thorough jury instructions on the defendant's right not to testify.
• United States v. Robinson
  544 F.2d 611· 2d Cir.· 1976-11-01 ·cited 24×
  The dissenting judge held that the trial court did not abuse its discretion in admitting evidence of the defendant's post-arrest possession of a .38 caliber handgun, finding it highly probative of his participation in the bank robbery.