Harmless Error Analysis

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

• United States v. Millings
  535 F.2d 121· D.C. Cir.· 1976-05-13 ·cited 24×
  The court held that prior misdemeanor convictions for carrying a pistol without a license and possession of heroin were not admissible for impeachment under Federal Rule of Evidence 609(a)(2) because they did not involve dishonesty or false statement.
• United States v. Truslow
  530 F.2d 257· 4th Cir.· 1975-12-03 ·cited 24×
  The court held that the admission of post-conspiracy statements that incriminate co-defendants in a joint trial, despite limiting instructions, violates the Sixth Amendment's confrontation clause and requires severance or exclusion of the statements.
• State v. Mathis
  278 So. 2d 280· Fla.· 1973-05-23 ·cited 24×
  The Florida Supreme Court reversed a district court decision that had overturned a robbery conviction, holding that the prosecutor's closing remarks about the lack of evidence of coercion did not constitute an improper comment on the defendant's failure to testify.
• Breniser v. State
  267 So. 2d 23· Fla. 4th DCA· 1972-09-12 ·cited 24×
  Barry Wayne Breniser was convicted of manslaughter for shooting James Richard Cooper on Christmas Eve in his home. On appeal, the Fourth District Court of Appeal reversed and remanded for a new trial due to prosecutorial misconduct, specifically the repeated introduction of evide
• United States v. Steed
  465 F.2d 1310· 9th Cir.· 1972-09-05 ·cited 24×
  The court held that the admission of a co-defendant's out-of-court statements, despite a Bruton violation, was harmless error beyond a reasonable doubt due to overwhelming admissible evidence of guilt. The court also found no merit in other procedural and constitutional claims.
• United States v. Johnson
  452 F.2d 1363· D.C. Cir.· 1971-10-20 ·cited 24×
  The court held that the record was inadequate to review the admissibility of certain identification testimony and remanded for further findings of fact and conclusions of law regarding substitute counsel at lineups, the independent source of witness identifications tainted by sug
• United States v. Aviles
  337 F.2d 552· 2d Cir.· 1964-10-16 ·cited 24×
  The dissenting judge argues that the majority misinterpreted the Supreme Court's remand order by conducting a de novo review of facts rather than applying the 'clearly erroneous' standard or remanding to the district court.
• Marko v. United States
  314 F.2d 595· 5th Cir.· 1963-03-14 ·cited 24×
  The court held that admitting evidence of unrelated tax return discrepancies was improper impeachment and prejudicial, and that the entrapment defense was not applicable when the defendant denied committing the charged act.
• Jewell C. Woods v. United States
  240 F.2d 37· D.C. Cir.· 1956-12-31 ·cited 24×
  The court held that the admission of illegally obtained evidence was prejudicial to all appellants, not just Shay, and their convictions should be reversed unless the jury's judgment was not substantially swayed by the error.
• State v. Damani Spencer
  216 So. 3d 481· Fla.· 2017-04-27 ·cited 23×
  The Florida Supreme Court held that the failure to instruct a jury on justifiable or excusable attempted homicide constitutes fundamental error in attempted manslaughter cases, even absent evidence supporting such defenses, unless defense counsel affirmatively agrees to the incom
• Somps v. State
  183 So. 3d 1090· Fla. 4th DCA· 2015-05-27 ·cited 23×
  Jonathan Somps appealed the revocation of his probation in two cases, challenging the trial court's scoresheet calculations and sentencing decisions. The court affirmed the probation revocation but reversed and remanded for resentencing because three misdemeanor charges that had
• Moore v. State
  132 So. 3d 718· Fla.· 2013-11-27 ·cited 23×
  Thomas James Moore, convicted of first-degree murder and sentenced to death for the 1993 killing of Johnny Parrish, sought postconviction relief on his second successive motion based on alleged prosecutorial misconduct and newly discovered evidence of innocence. The Florida Supre
• Moss v. State
  60 So. 3d 540· Fla. 4th DCA· 2011-05-04 ·cited 23×
  Todd Moss appeals his conviction for petit theft, challenging the admission of a custodial statement made to police after he invoked his right to counsel. The court reversed because Moss made an unequivocal request for a lawyer, the detective ignored this invocation and continued
• McKIVER v. State
  55 So. 3d 646· Fla. 1st DCA· 2011-02-11 ·cited 23×
  William Glen McKiver was convicted of burglary of a dwelling after a jury was denied an instruction on the permissive lesser-included offense of trespass. The appellate court reversed, holding that because the information alleged all elements of trespass and there was some eviden
• Witham v. Sheehan Pipeline Constr. Co. & Zurich Am. Ins. Co.
  45 So. 3d 105· Fla. 1st DCA· 2010-09-23 ·cited 23×
  In this workers' compensation appeal, the court reversed the Judge of Compensation Claims' denial of benefits, holding that the JCC erred by relying on a toxicologist's inadmissible medical causation opinion that contradicted the expert medical advisor's opinion establishing heat
• Shands Teaching Hosp. & Clinics, Inc. v. Dunn
  977 So. 2d 594· Fla. 1st DCA· 2007-11-20 ·cited 23×
  Shands Teaching Hospital appeals a $2 million jury verdict for medical negligence in the death of a child following heart surgery. The appellate court reverses, finding the trial court committed reversible error by excluding evidence of the hospital's routine practice of requirin
• J.G. a child v. State
  883 So. 2d 915· Fla. 1st DCA· 2004-10-11 ·cited 23×
  A 13-year-old juvenile's sexual battery conviction was reversed because the trial court erred in finding that his Miranda waiver was knowing, intelligent, and voluntary, and that his confession was freely given. The confession was obtained through custodial interrogation without
• Vermont Smith v. State
  849 So. 2d 485· Fla. 2d DCA· 2003-07-18 ·cited 23×
  The trial court erred by summarily denying a motion to withdraw a plea without appointing conflict-free counsel, as this constitutes a denial of the right to counsel.
• Hummel v. State
  782 So. 2d 450· Fla. 1st DCA· 2001-03-15 ·cited 23×
  Robin Hummel appeals the denial of her motion for resentencing based on alleged scoresheet errors and miscalculation of gain-time credits. The court affirmed the denial, holding that although her scoresheet contained an error in prior record points, the harmless error analysis un
• Anderson A. Medina, Sr. v. Peralta
  724 So. 2d 1188· Fla.· 1999-01-21 ·cited 23×
  The Florida Supreme Court held that it is per se reversible error for a trial court to exclude the identity of an uninsured or underinsured motorist (UM/UIM) insurance carrier, joined as a necessary party, from the jury. The court distinguished this situation from mere evidentiar
• Williams v. State
  720 So. 2d 590· Fla. 2d DCA· 1998-10-16 ·cited 23×
  Florida appellate court reversed a probation violation sentence because the trial court erred in assessing twelve points for community sanction violation under the sentencing guidelines, as two distinct violations of a single sanction do not constitute successive violations under
• Colsson D. Ford v. State
  702 So. 2d 279· Fla. 4th DCA· 1997-12-10 ·cited 23×
  Colsson Ford appealed his sexual battery conviction, arguing that the prosecutor's improper closing arguments deprived him of a fair trial. The Florida Fourth District Court of Appeal reversed and remanded for a new trial, finding that the prosecutor made multiple highly inflamma
• Wuornos v. State
  676 So. 2d 966· Fla.· 1995-09-21 ·cited 23×
  Aileen Wuornos appeals her death sentence for the murder of Charles Carskaddon. The Florida Supreme Court affirms her conviction and death sentence, finding her guilty plea valid despite procedural defects, her waivers of trial rights knowing and voluntary, and her death sentence
• Heuss v. State
  660 So. 2d 1052· Fla. 4th DCA· 1995-03-15 ·cited 23×
  James Heuss appeals his convictions for sexual battery on two children and lewd assault on a third child, challenging the admission of hearsay statements under the child sexual abuse exception, the sufficiency of evidence, and various trial court rulings. The Fourth District Cour
• Weems v. State
  645 So. 2d 1098· Fla. 4th DCA· 1994-11-30 ·cited 23×
  The appellate court affirmed the conviction and sentence, finding no reversible error in the trial court's denial of the motion to withdraw appointed counsel, the inquiry into the request to discharge counsel, or the failure to advise the appellant about the consequences of disch
• Taylor v. State
  640 So. 2d 1127· Fla. 1st DCA· 1994-05-25 ·cited 23×
  Walter Taylor was convicted of two counts of first-degree murder for killing Paula Smits and her young daughter Amanda in 1987. The Florida First District Court of Appeal reversed and remanded for a new trial due to cumulative prosecutorial misconduct that deprived Taylor of a fa
• Williams v. State
  619 So. 2d 487· Fla. 1st DCA· 1993-06-11 ·cited 23×
  Eddie Purcell Williams was convicted of armed robbery and attempted armed robbery. The First District Court of Appeal reversed his convictions, finding that the trial court erred in denying his peremptory challenges to black jurors without proper legal basis and in admitting evid
• Roper v. State
  608 So. 2d 533· Fla. 5th DCA· 1992-11-13 ·cited 23×
  Edward Roper appeals his conviction for sexual abuse of a minor, arguing that the trial court abused its discretion by refusing to inform the jury that testimony could be read back during deliberations after the jury requested to see the victim's cross-examination testimony. The
• GAY v. State
  607 So. 2d 454· Fla. 1st DCA· 1992-09-25 ·cited 23×
  John Davenport Gay was convicted of multiple sex offenses against grammar school children, including lewd and lascivious acts, sexual battery, and kidnapping. On appeal, Gay challenged the denial of his motions to suppress evidence, for judgment of acquittal on certain counts, an
• Jones v. State
  577 So. 2d 606· Fla. 4th DCA· 1991-03-13 ·cited 23×
  Thomas Jones was convicted of sexual battery, but the Florida District Court of Appeal reversed and remanded for a new trial because the trial court improperly admitted hearsay testimony about a dispatcher's report of a female screaming, which the prosecutor used to contradict th
• Duckett v. State
  568 So. 2d 891· Fla.· 1990-09-06 ·cited 23×
  James Duckett, a police officer, was convicted of sexual battery and first-degree murder of an 11-year-old girl and sentenced to death. The Florida Supreme Court affirmed the convictions and death sentence, finding the circumstantial evidence sufficient to exclude all reasonable
• United States v. Quinn
  901 F.2d 522· 6th Cir.· 1990-04-24 ·cited 23×
  The court held that the admission of a witness's prior testimony without a sufficient showing of unavailability violated the defendant's Sixth Amendment confrontation rights, and this error was not harmless.
• Booker v. Dugger
  520 So. 2d 246· Fla.· 1988-01-14 ·cited 23×
  Stephen Booker petitioned for a writ of habeas corpus to overturn his death sentence for the brutal murder of a 94-year-old woman, raising a Hitchcock claim that the jury was improperly instructed to consider only statutorily enumerated mitigating circumstances. The Florida Supre
• United States v. Bernard S.
  795 F.2d 749· 9th Cir.· 1986-07-25 ·cited 23×
  The court held that a juvenile's waiver of Miranda rights was valid despite limited English proficiency and age, and that medical records were admissible without the doctor testifying as the evidence was peripheral and any error was harmless.
• Equal Emp. Opportunity Comm'n v. Corry Jamestown Corp.
  719 F.2d 1219· 3d Cir.· 1983-10-17 ·cited 23×
  The Equal Employment Opportunity Commission (EEOC) has a right to a jury trial when suing on behalf of individuals under the Age Discrimination in Employment Act (ADEA), as such actions are analogous to legal claims and incorporate the jury trial rights available under the Fair L
• Hannah v. State
  432 So. 2d 631· Fla. 3d DCA· 1983-05-31 ·cited 23×
  A juvenile appellant was convicted of armed robbery after a Pizza Hut employee identified him as the masked gunman. The court reversed because it improperly denied cross-examination of the key eyewitness to establish bias or prejudice stemming from a conflict between the witness
• Dorsey v. State
  402 So. 2d 1178· Fla.· 1981-07-30 ·cited 23×
  The Florida Supreme Court upheld the constitutionality of Florida's RICO Act as applied to appellants Dorsey and Britten, but reversed their convictions due to prejudicial trial error. The court also held that beeper messages broadcast over public airwaves are not protected by Fl
• United States v. Curtis
  644 F.2d 263· 3d Cir.· 1981-03-16 ·cited 23×
  The dissenting judge held that the prosecutor's comment on the defendant's post-arrest silence and the cross-examination of character witnesses were permissible.
• United States v. Cain
  615 F.2d 380· 5th Cir.· 1980-04-11 ·cited 23×
  The court held that an escape report, while potentially admissible as a business record, was improperly admitted in a criminal case because it contained information observed by law enforcement personnel, and its admission was not harmless error.
• Leach v. United States
  320 F.2d 670· D.C. Cir.· 1963-04-25 ·cited 23×
  The court held that the District Court has discretion regarding consultation with Legal Psychiatric Services before sentencing, and the appellate court cannot direct such consultation.
• Wyche v. State
  170 So. 3d 898· Fla. 3d DCA· 2015-07-22 ·cited 22×
  Quentin Wyche appeals his second-degree murder conviction for fatally stabbing Kendall Berry on the FIU campus, claiming jury instruction error regarding self-defense and stand-your-ground law, ineffective assistance of counsel, and insufficient evidence. The Florida District Cou
• Warmington v. State
  149 So. 3d 648· Fla.· 2014-10-16 ·cited 22×
  The Florida Supreme Court held that a prosecutor impermissibly shifted the burden of proof by eliciting testimony from a detective about the defendant's failure to produce exculpatory documents during a pretrial investigation, even though the testimony was historically accurate.
• K.V. v. State
  832 So. 2d 264· Fla. 4th DCA· 2002-12-11 ·cited 22×
  The court held that the trial court erred in admitting hearsay testimony, and this error was not harmless because the statement was incriminating and the sole identification witness.
• Henry v. State
  743 So. 2d 52· Fla. 5th DCA· 1999-08-20 ·cited 22×
  Gerald Henry was convicted of second-degree murder for shooting James Berry outside a bar during Bike Week. The court reversed his conviction and remanded for a new trial, finding prosecutorial misconduct based on inflammatory and unsupported statements made by the prosecutor.
• Miller v. State
  712 So. 2d 451· Fla. 2d DCA· 1998-06-17 ·cited 22×
  Rocky Lee Miller appeals his convictions for burglary of a dwelling, petit theft, and attempted burglary. The court reversed and remanded for a new trial, finding that the prosecutor's closing argument improperly ridiculed Miller's voluntary intoxication defense and misstated the
• Parker v. Hoppock
  695 So. 2d 424· Fla. 4th DCA· 1997-05-21 ·cited 22×
  Plaintiffs appealed a jury verdict finding them partially at fault for injuries sustained in a multi-vehicle accident. The appellate court reversed the verdict as to most defendants due to improper testimony about plaintiffs' receipt of governmental benefits affecting their motiv
• Fryer v. State
  693 So. 2d 1046· Fla. 3d DCA· 1997-05-14 ·cited 22×
  The court reversed the defendant's conviction due to defense counsel's egregious misconduct during closing arguments, which included expressing personal belief in the client's innocence and attacking the credibility of a police officer.
• Linroy Bottoson v. State
  674 So. 2d 621· Fla.· 1996-01-18 ·cited 22×
  Linroy Bottoson, a death row inmate, appealed the trial court's denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief, challenging his capital conviction and death sentence. The Florida Supreme Court affirmed, finding that any deficiencies in tri
• State v. Benton
  662 So. 2d 1364· Fla. 3d DCA· 1995-11-22 ·cited 22×
  The State of Florida appealed a trial court's order granting Antonio Benton a new trial on a charge of resisting an officer without violence. The appellate court reversed, holding that the prosecutor's comments during closing argument, while improper, did not warrant a new trial
• Harris v. State
  658 So. 2d 1226· Fla. 4th DCA· 1995-08-16 ·cited 22×
  Henry Harris appeals his conviction for attempted first-degree murder and other crimes. The Florida District Court of Appeal reversed his attempted first-degree murder conviction because the Florida Supreme Court in State v. Gray abolished the crime of attempted felony murder, wh