Harmless Error Analysis

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

• Hannon v. State
  228 So. 3d 505· Fla.· 2017-11-01 ·cited 21×
  Patrick Hannon, under a death sentence with an active execution warrant, appealed the denial of his third and fourth successive postconviction motions. The Florida Supreme Court affirmed the circuit court's denials, rejecting challenges to the lethal injection protocol, the Gover
• Kaczmar v. State
  228 So. 3d 1· Fla.· 2017-01-31 ·cited 21×
  Leo Louis Kaczmar, III appeals his death sentence imposed after a new penalty phase proceeding following this Court's remand due to erroneous aggravating factors in the original sentencing. The Florida Supreme Court affirms the death sentence, finding that although a Hurst v. Flo
• Houston v. State
  87 So. 3d 1· Fla. 2d DCA· 2011-08-12 ·cited 21×
  John Miguel Houston was convicted of attempted second-degree murder after firing a gun at a robbery victim. The Florida appellate court reversed his conviction on that count, finding the jury instruction on attempted manslaughter erroneously required proof of intent to kill, a re
• Wicklow v. State
  43 So. 3d 85· Fla. 4th DCA· 2010-08-04 ·cited 21×
  Angela Wicklow was convicted of robbery with a firearm and sentenced to 20 years imprisonment. The appellate court reversed and remanded for a new trial, finding that the cumulative effect of improper prosecutorial comments in closing argument—which appealed for sympathy for the
• Khalid Ali Pasha v. State
  39 So. 3d 1259· Fla.· 2010-06-24 ·cited 21×
  Khalid Ali Pasha was convicted of two first-degree murders and sentenced to death. On appeal, the Florida Supreme Court held that the trial court erred in denying Pasha's request to proceed pro se (self-representation) on the morning of jury selection, finding that despite Pasha'
• Casica v. State
  24 So. 3d 1236· Fla. 4th DCA· 2009-12-30 ·cited 21×
  Alfonso Casica was convicted of four counts of armed sexual battery, kidnapping, and tampering with a witness. The appellate court reversed and remanded for a new trial on all charges, finding that the State committed a discovery violation by failing to disclose a material change
• Jewel Grier v. State
  27 So. 3d 97· Fla. 4th DCA· 2009-12-23 ·cited 21×
  Grier was convicted of sexual abuse charges involving a teenage victim. On appeal, he challenged the trial court's admission of "Williams rule" testimony from two other alleged victims, arguing the similar fact evidence was unduly prejudicial. The Fourth District affirmed, holdin
• Augustin Fleurimond v. State
  10 So. 3d 1140· Fla. 3d DCA· 2009-05-27 ·cited 21×
  Augustin Fleurimond appeals his conviction for drug trafficking and possession. The Third District Court of Appeal reversed and remanded for a new trial, finding that the State violated a pretrial order in limine by introducing prejudicial testimony about the area being known for
• Carter v. State
  951 So. 2d 939· Fla. 4th DCA· 2007-03-07 ·cited 21×
  Terrell Carter was convicted of carjacking, aggravated assault, and fleeing police based partly on a police report containing the victim's sworn affidavit. The appellate court reversed, holding that the affidavit constituted inadmissible hearsay that was improperly admitted to bo
• Cartwright v. State
  885 So. 2d 1010· Fla. 4th DCA· 2004-11-03 ·cited 21×
  Joseph Cartwright appealed his burglary conviction, arguing the trial court erred in allowing evidence of a prior burglary at the victim's home, testimony about marijuana possession, and improper prosecutorial closing argument. The Fourth District Court of Appeal reversed and rem
• Stancle v. State
  854 So. 2d 228· Fla. 4th DCA· 2003-08-27 ·cited 21×
  The dissenting opinion argues that the prosecutor's closing argument comment, suggesting the defendant had a duty to explain how the gun got there, improperly shifted the burden of proof and was not harmless error in a close case.
• McLEAN v. State
  754 So. 2d 176· Fla. 2d DCA· 2000-04-05 ·cited 21×
  Daniel McLean was convicted of kidnapping and three counts of sexual battery for his role in a joint assault with Jason Rancourt. The Second District Court of Appeal reversed his conviction for kidnapping and all sexual battery convictions, finding insufficient evidence for kidna
• Vaughn v. Vaughn
  714 So. 2d 632· Fla. 1st DCA· 1998-07-27 ·cited 21×
  The court held that the trial court's failure to make specific findings regarding the unequal distribution of marital debt was harmless error because the record clearly supported the decision based on the parties' economic circumstances and contributions.
• Melendez v. State
  700 So. 2d 791· Fla. 4th DCA· 1997-10-29 ·cited 21×
  Edwin Melendez was convicted of burglary and attempted sexual battery based on the victim's identification that he had entered her home and assaulted her while she slept. The appellate court reversed, finding that the trial court abused its discretion in three ways: improperly di
• Paulo McBEAN v. State
  688 So. 2d 383· Fla. 4th DCA· 1997-02-05 ·cited 21×
  Paulo McBean was convicted of third-degree murder but the Fourth District Court of Appeal reversed and remanded for a new trial due to two evidentiary errors: improper exclusion of impeachment evidence regarding a witness's material omissions from her initial police statement, an
• King v. State
  684 So. 2d 1388· Fla. 1st DCA· 1996-12-19 ·cited 21×
  The court held that the trial court erred in excluding testimony regarding the defendant's belief in the check's validity, as it was offered to show lack of guilty knowledge and not for the truth of the matter asserted.
• Antwain Gamble v. State
  644 So. 2d 1376· Fla. 5th DCA· 1994-10-14 ·cited 21×
  Antwain Gamble appeals his convictions in two consolidated criminal cases involving drug and weapons charges. The appellate court affirms most convictions but reverses his conviction for possession of cocaine with intent to sell, finding the circumstantial evidence insufficient a
• Hill v. State
  643 So. 2d 1071· Fla.· 1994-10-13 ·cited 21×
  Clarence Hill seeks reconsideration of his death sentence for murdering a police officer during a 1982 bank robbery in Florida. The Florida Supreme Court reexamines its harmless error analysis after a federal court identified that the trial judge erroneously found the murder was
• Dorsey v. State
  639 So. 2d 158· Fla. 1st DCA· 1994-07-05 ·cited 21×
  The court held that testimony characterizing the arrest scene as known for drug activity was inadmissible and not harmless error.
• Fredrick M. Lawrence v. State
  590 So. 2d 1068· Fla. 5th DCA· 1991-12-19 ·cited 21×
  Lawrence appealed his sentencing on guidelines scoresheet grounds, claiming his guideline score was miscalculated. The trial court mistakenly assigned 53 points for third-degree felony burglaries when only 30 points were appropriate, inflating his score and recommended range. The
• United States v. Perkins
  937 F.2d 1397· 9th Cir.· 1991-07-01 ·cited 21×
  The court held that the district court did not err in its evidentiary rulings, and while an instruction on change of appearance was improper, it constituted harmless error. Therefore, the conviction is affirmed.
• United States v. Bland
  908 F.2d 471· 9th Cir.· 1990-07-11 ·cited 21×
  The court held that revealing the specific, inflammatory details underlying an arrest warrant to the jury venire was an abuse of discretion and deprived the defendant of a fair trial, and that the defendant's confession was inadmissible due to an incomplete Miranda warning.
• Leodis Dortch v. O'Leary
  863 F.2d 1337· 7th Cir.· 1988-12-13 ·cited 21×
  The court held that federal habeas review of the Fourth Amendment claim was barred by Stone v. Powell because the state courts provided a full and fair opportunity to litigate the issue. The court also held that the prosecutor's comments on the defendant's silence, while improper
• United States ex rel. Marlon Thomas v. O'Leary
  856 F.2d 1011· 7th Cir.· 1988-09-16 ·cited 21×
  The court held that the failure of Thomas's attorneys to file a brief on the State's appeal from the suppression ruling constituted a complete denial of counsel at a critical stage, violating the Sixth Amendment, and that this violation could not be considered harmless error.
• Thompson v. State
  507 So. 2d 1074· Fla.· 1987-04-23 ·cited 21×
  The court agreed that restricting a defendant's consultation with counsel during a recess was error, and since the state did not prove the error was harmless, it was considered harmful.
• Reed Wayne Hamilton v. Crispus NIX
  809 F.2d 463· 8th Cir.· 1987-01-12 ·cited 21×
  The court held that the testimony of witnesses discovered through lawful means, even if obtained after police misconduct, is admissible under the independent source doctrine. The admission of marijuana was error but harmless, and prosecutorial remarks did not render the trial fun
• United States v. Lyman
  592 F.2d 496· 9th Cir.· 1978-11-17 ·cited 21×
  The court held that the defendant's conviction for conspiracy was affirmed because any errors, including prosecutorial misconduct and issues with the indictment, were either abandoned, harmless, or did not prejudice the defendant's substantial rights.
• United States v. Bates
  512 F.2d 56· 5th Cir.· 1975-04-24 ·cited 21×
  The court held that a prosecutor's brief, unchallenged comment on a defendant's failure to testify, when followed by curative jury instructions, did not constitute plain error warranting reversal.
• Gaito v. Brierley
  485 F.2d 86· 3d Cir.· 1973-09-21 ·cited 21×
  Compelling a defendant to appear before a jury in prison clothes unconstitutionally infringes his due process right to be presumed innocent, and the district court's finding that the clothes were not identifiable as prison clothes was clearly erroneous.
• United States ex rel. Ronald James Dessus v. Commonwealth of Pa.
  452 F.2d 557· 3d Cir.· 1971-11-29 ·cited 21×
  Federal courts lack habeas corpus jurisdiction for a petitioner not in custody, and the denial of funds for a defense psychologist was within the trial court's discretion.
• Lowe v. State
  259 So. 3d 23· Fla.· 2018-10-19 ·cited 20×
  Rodney Tyrone Lowe appeals his death sentence for the 1990 first-degree murder of Donna Burnell. The Florida Supreme Court affirms his sentence, rejecting claims including Hurst challenges, proportionality arguments, and various trial errors related to jury instructions, evidenti
• Andres v. State
  254 So. 3d 283· Fla.· 2018-09-20 ·cited 20×
  Rafael Andres was convicted of first-degree murder and other felonies in the 2005 death of Ivette Farinas. The Florida Supreme Court affirmed his conviction for first-degree murder but vacated his death sentence because the jury's non-unanimous 9-3 recommendation violated the Six
• State v. Barrow
  91 So. 3d 826· Fla.· 2012-05-31 ·cited 20×
  Mark Barrow was convicted of first-degree murder in a case where the victim's body was never found. The Florida Supreme Court reversed and remanded for a new trial, holding that the trial court abused its discretion by denying the jury's request for trial transcripts during delib
• Megaleto Andrews v. State
  82 So. 3d 979· Fla. 1st DCA· 2011-08-15 ·cited 20×
  Megaleto Andrews, a registered sexual offender convicted of two counts of failure to report a temporary residence and sentenced as a habitual violent felony offender (HVFO) to twenty consecutive years, appealed on grounds including insufficient evidence, evidentiary errors, doubl
• Cubelo v. State
  41 So. 3d 263· Fla. 3d DCA· 2010-06-02 ·cited 20×
  Ariel Cubelo was convicted of second-degree murder with a knife after a jury instruction on manslaughter as a lesser included offense. He appealed arguing the instruction was fundamentally erroneous because it suggested intent to kill was required for manslaughter conviction, but
• Knight v. State
  6 So. 3d 733· Fla. 2d DCA· 2009-04-24 ·cited 20×
  The court held that even if a sentence enhancement was improper due to lack of a jury finding, the error was harmless beyond a reasonable doubt and did not warrant relief.
• Anthony v. State
  927 So. 2d 1084· Fla. 4th DCA· 2006-05-17 ·cited 20×
  Derek Anthony appealed the denial of his Rule 3.850 postconviction relief motion, arguing his trial counsel was ineffective for failing to suppress his statement based on inadequate Miranda warnings. The Fourth DCA affirmed the denial of the first two grounds but reversed on the
• Burkey v. State
  922 So. 2d 1033· Fla. 4th DCA· 2006-03-01 ·cited 20×
  Carl Burkey was convicted of sale and delivery of cannabis and possession of cannabis after a jury trial. The Fourth District Court of Appeal reversed and remanded for a new trial, finding that the trial court reversibly erred by excluding non-hearsay testimony that the defendant
• Essex v. State
  917 So. 2d 953· Fla. 4th DCA· 2005-12-21 ·cited 20×
  Raymond Essex appealed his convictions for false imprisonment, strong-arm robbery, and aggravated battery on a pregnant female. The court affirmed the denial of his motion for acquittal on the false imprisonment charge but reversed the convictions due to the trial court's erroneo
• Watson Marshall v. State
  915 So. 2d 264· Fla. 4th DCA· 2005-12-07 ·cited 20×
  Watson Marshall appeals his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act, challenging the admissibility of hearsay evidence and expert testimony. The Fourth District affirms the commitment, finding the hearsay exceptions valid, harmless error in
• Myron Franklin v. State
  876 So. 2d 607· Fla. 4th DCA· 2004-06-16 ·cited 20×
  Myron Franklin was convicted of robbery with a firearm, aggravated fleeing and eluding, and grand theft of a motor vehicle based largely on two statements he gave in the hospital. The court reversed and remanded for a new trial because the Miranda warnings given to Franklin were
• Ford Michael v. State
  884 So. 2d 83· Fla. 2d DCA· 2004-04-14 ·cited 20×
  Ford Michael was convicted of resisting arrest without violence and disorderly intoxication after a trial in which the arresting officer's testimony directly contradicted his own account. The appellate court reversed the conviction because the trial court abused its discretion by
• Sanders v. State
  847 So. 2d 504· Fla. 1st DCA· 2003-03-31 ·cited 20×
  Sanders appealed the summary denial of his rule 3.850 postconviction motion claiming ineffective assistance of counsel for trial counsel's failure to request a jury instruction on a lesser included offense. The court affirmed, receding from prior precedent and holding that such a
• Fortner v. State
  830 So. 2d 174· Fla. 2d DCA· 2002-10-11 ·cited 20×
  The court held that a defendant is entitled to be sentenced under a correctly scored guidelines scoresheet, and ambiguities in scoring must be resolved in the defendant's favor.
• Ohler v. United States
  529 U.S. 753· U.S.· 2000-05-22 ·cited 20×
  A defendant who preemptively introduces evidence of a prior conviction on direct examination may not on appeal claim that the admission of such evidence was error.
• Comer v. State
  730 So. 2d 769· Fla. 1st DCA· 1999-03-23 ·cited 20×
  Billy Comer appeals his conviction for burglary of a dwelling with battery, aggravated battery, and resisting arrest. The court upheld the trial court's denial of his motion to discharge court-appointed counsel but reversed because the trial court failed to conduct an adequate Ri
• M.N. v. State
  724 So. 2d 122· Fla. 4th DCA· 1998-11-18 ·cited 20×
  The trial court erred by excluding the appellant's only witness as a sanction for a discovery violation without conducting a Richardson hearing to inquire into the circumstances.
• Livigni v. State
  725 So. 2d 1150· Fla. 2d DCA· 1998-11-06 ·cited 20×
  Thomas Gaetano Livigni was convicted of aggravated battery and obstructing an officer without violence. The appellate court reversed and remanded for a new trial because the trial court improperly excluded defense witness testimony without a showing of willful discovery violation
• Kent v. State
  702 So. 2d 265· Fla. 5th DCA· 1997-12-05 ·cited 20×
  Willie Kent appeals his convictions for burglary, kidnapping, and sexual battery with a weapon, challenging the denial of a competency hearing, the sufficiency of evidence for kidnapping, and prosecutorial misconduct during closing argument. The Fifth District Court of Appeal aff
• Airport Rent-A-Car, Inc. v. Jewel McNeal Lewis
  701 So. 2d 893· Fla. 4th DCA· 1997-11-05 ·cited 20×
  Airport Rent-A-Car and its driver Campbell appealed a $300,000 judgment awarded to Lewis for personal injuries from a car accident. The court reversed and remanded for a new trial, finding that Lewis's counsel made multiple improper statements that collectively deprived appellant