Harmless Error Analysis

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

• Ziermann v. State
  696 So. 2d 491· Fla. 4th DCA· 1997-07-02 ·cited 20×
  Trial court erred by restricting defendant's counsel from conducting proper direct examination regarding prior convictions, requiring reversal and new trial where credibility was central to a sexual assault case turning on conflicting eyewitness testimony.
• Raydo v. State
  696 So. 2d 1225· Fla. 1st DCA· 1997-06-02 ·cited 20×
  The court held that a nolo contendere plea, which has not yet resulted in a conviction or adjudication of guilt, cannot be used to impeach a testifying defendant.
• Christmas v. State
  632 So. 2d 1368· Fla.· 1994-01-13 ·cited 20×
  Marc Christmas appeals his convictions for two first-degree murders and armed robbery, and his death sentences imposed by the trial judge despite the jury's recommendation of life imprisonment. The Florida Supreme Court affirms his convictions but reverses the death sentences, re
• Harris v. State
  619 So. 2d 340· Fla. 1st DCA· 1993-05-17 ·cited 20×
  Fred Harris, Jr., was convicted of cocaine sales and possession based on evidence including a partially inaudible audiotape of an alleged drug transaction. The court reversed and remanded for a new trial because the trial court improperly admitted a deputy's interpretation of the
• Dobbs v. Zant
  506 U.S. 357· U.S.· 1993-01-19 ·cited 20×
  The Court of Appeals erred in refusing to consider the full sentencing transcript, which was crucial for assessing the ineffective assistance of counsel claim.
• United States v. Sitton
  968 F.2d 947· 9th Cir.· 1992-07-02 ·cited 20×
  The court held that the district court erred in refusing to instruct the jury on the lesser included offense of simple possession for Dewbre and Sitton. The court also affirmed other convictions and evidentiary rulings.
• Arias v. State
  593 So. 2d 260· Fla. 3d DCA· 1992-01-14 ·cited 20×
  Jean Arias was convicted of attempted first-degree murder and solicitation to commit murder for allegedly plotting to kill an infant with severe birth defects by administering a lethal overdose of pain medication. The Florida District Court of Appeal reversed the attempted murder
• Murphy v. State
  578 So. 2d 410· Fla. 4th DCA· 1991-04-17 ·cited 20×
  Murphy was convicted of both DUI manslaughter and vehicular homicide arising from a single death. The Fourth District Court of Appeal initially reversed due to double jeopardy concerns under prior law, but upon the state's motion for rehearing and in light of amended Florida stat
• British Robinson v. State
  575 So. 2d 699· Fla. 1st DCA· 1991-02-06 ·cited 20×
  British Robinson appeals his convictions for sexual battery and aggravated assault, challenging the trial court's application of Florida's Rape Shield Law to exclude evidence of the victim's reputation as a prostitute. The court affirmed the convictions, holding that while such e
• Thompson v. State
  553 So. 2d 153· Fla.· 1989-10-19 ·cited 20×
  Raymond Michael Thompson was convicted of first-degree murder for the torture and killing of Jimmy Savoy and sentenced to death. The Florida Supreme Court affirmed his conviction and death sentence, finding no reversible error in the trial court's proceedings, including the overr
• Adeline M. Bruno v. W.B. Saunders Co. & CBS Educ. & Prof'l Publ'g
  882 F.2d 760· 3d Cir.· 1989-08-14 ·cited 20×
  The court held that the evidence was sufficient to support the jury's verdict of willful age discrimination and that the district court did not err in its evidentiary rulings or jury instructions.
• Kaysie B. Dudley v. State
  545 So. 2d 857· Fla.· 1989-06-15 ·cited 20×
  Kaysie B. Dudley was convicted of first-degree murder and sentenced to death for the robbery and murder of an elderly woman. The Florida Supreme Court affirmed her conviction but vacated her death sentence due to harmful error in the sentencing phase, where the state improperly u
• United States v. Chapman
  866 F.2d 1326· 11th Cir.· 1989-03-02 ·cited 20×
  The court held that the admission of the defendant's wife's out-of-court statements did not violate his Sixth Amendment right to confrontation or hearsay rules, and that the assertion of marital privilege did not render the statements inadmissible. The court also found no reversi
• Sawyer v. Butler
  848 F.2d 582· 5th Cir.· 1988-06-30 ·cited 20×
  The dissenting judge argues that the prosecutor's remarks in the capital sentencing phase, which suggested the jury's responsibility was merely an "initial step" and that appellate courts would review their decision, violated the Eighth Amendment's requirement for reliability in
• United States v. Stevens
  851 F.2d 140· 6th Cir.· 1988-06-29 ·cited 20×
  The court held that while the district court erred in failing to ensure counsel had an opportunity to review the PSI, this error did not rise to a due process violation because the court did not rely on the inaccurate information for sentencing, and the defendant was not prejudic
• United States v. Angelita Gotay
  844 F.2d 971· 2d Cir.· 1988-04-15 ·cited 20×
  The court held that post-arrest statements made after an ambiguous or clear request for counsel, without further clarification or waiver initiated by the defendant, should have been suppressed. The admission of these statements was not harmless error for the distribution counts.
• United States v. Townsley
  843 F.2d 1070· 8th Cir.· 1988-03-25 ·cited 20×
  White defendants cannot join in a black co-defendant's Batson challenge based on the exclusion of black jurors, as they lack standing and did not suffer prejudice.
• Pieczynski v. State
  516 So. 2d 1048· Fla. 3d DCA· 1987-12-15 ·cited 20×
  Daniel Pieczynski was convicted of capital sexual battery on a minor and sentenced to life imprisonment. The appellate court reversed and remanded for a new trial due to incomplete jury instructions on the insanity defense and improper admission of evidence regarding alleged abus
• Francis v. State
  512 So. 2d 280· Fla. 2d DCA· 1987-09-04 ·cited 20×
  Robert Arnold Francis was convicted of one count of capital sexual battery and two counts of battery against his three young nieces. The appellate court reversed and remanded for a new trial due to evidentiary errors that admitted prejudicial and character-based testimony to prov
• United States v. Alvarado
  806 F.2d 566· 5th Cir.· 1986-12-11 ·cited 20×
  The court held that there was sufficient evidence to support the defendant's convictions and that any violations of the Doyle rule by the prosecutor constituted harmless error.
• Bates v. Blackburn
  805 F.2d 569· 5th Cir.· 1986-12-10 ·cited 20×
  The court held that federal habeas relief is barred by the procedural default rule (Wainwright v. Sykes) when a petitioner fails to make a contemporaneous objection in state court, unless cause and prejudice are shown.
• United States v. Jeraline Ayotte
  741 F.2d 865· 6th Cir.· 1984-08-24 ·cited 20×
  The court held that the convictions of Labadie and Logan were supported by sufficient evidence and properly admitted testimony, while Ayotte's conviction was reversed due to an erroneous restriction on her cross-examination.
• United States v. Campbell
  732 F.2d 1017· 1st Cir.· 1984-04-26 ·cited 20×
  The court held that the search warrant for firearms lacked probable cause, and the admission of evidence regarding the defendant's refusal to provide handwriting exemplars violated his Fifth Amendment rights.
• United States v. Coachman
  727 F.2d 1293· D.C. Cir.· 1984-02-24 ·cited 20×
  The court held that the admission of a co-defendant's confession was harmless error, and that consecutive sentences for theft and false claims were permissible under the Double Jeopardy Clause.
• United States v. Sperling
  726 F.2d 69· 2d Cir.· 1984-01-20 ·cited 20×
  The court held that the government's failure to disclose a tape recording did not warrant a new trial or hearing, as it was unlikely to have affected the verdict. Other claims of error were also found to be without merit.
• Leamon T. COX v. State
  441 So. 2d 1169· Fla. 4th DCA· 1983-11-30 ·cited 20×
  Cox was convicted of attempted murder of his common-law wife. The trial court impermissibly restricted cross-examination of the victim-witness regarding a pending civil suit against Cox, preventing the defense from establishing her bias and financial interest in the outcome. The
• United States v. Price
  722 F.2d 88· 5th Cir.· 1983-11-22 ·cited 20×
  The court held that the admission of an IRS agent's testimony, stating he believed government witnesses, was improper bolstering and not harmless error.
• Hearn v. Mintzes
  708 F.2d 1072· 6th Cir.· 1983-06-09 ·cited 20×
  The court held that prosecutorial comments on the defendant's failure to testify, when not harmless error, warrant a writ of habeas corpus, and that the state appellate court's summary affirmance based on unsubstantiality was a decision on the merits, not a procedural bar.
• Harris v. Housewright
  697 F.2d 202· 8th Cir.· 1982-12-28 ·cited 20×
  The court held that the cumulative effect of the appointed counsel's multiple errors demonstrated a level of performance below that of reasonably competent practitioners, and that the defendant was prejudiced by this ineffectiveness.
• United States v. Chinchic
  655 F.2d 547· 4th Cir.· 1981-07-14 ·cited 20×
  The joinder of defendants was authorized under Fed.R.Crim.P. 8(b) because they participated in the same series of acts or transactions constituting offenses.
• United States v. Bassler
  651 F.2d 600· 8th Cir.· 1981-06-18 ·cited 20×
  The court held that juror misconduct involving taking notes did not prejudice the defendants and that the trial court did not abuse its discretion in refusing to read testimony to the jury, nor was there insufficient evidence to support the verdict.
• McKELDIN v. Rose
  631 F.2d 458· 6th Cir.· 1980-10-08 ·cited 20×
  The absence of counsel at a preliminary hearing is subject to harmless error analysis, and automatic reversal is not required.
• State v. Bolton
  383 So. 2d 924· Fla. 2d DCA· 1980-04-23 ·cited 20×
  The State appealed a trial judge's grant of a new trial in a second-degree murder conviction, challenging the judge's finding that the prosecutor committed reversible error by allegedly commenting on the defendant's failure to testify. The appellate court reversed, holding that t
• United States v. McMILLAN
  606 F.2d 245· 8th Cir.· 1979-09-26 ·cited 20×
  The court held that the defendant failed to demonstrate prejudice from his trial counsel's alleged failure to interview or call witnesses, and therefore did not establish ineffective assistance of counsel.
• United States v. Massey
  594 F.2d 676· 8th Cir.· 1979-03-12 ·cited 20×
  The court held that the statistical probability testimony regarding hair identification did not constitute plain error, despite its potential to mislead the jury.
• Henry v. United States
  590 F.2d 544· 4th Cir.· 1978-12-26 ·cited 20×
  The court held that the district court erred in denying an evidentiary hearing and in finding the admission of informant testimony harmless error.
• United States v. Carlo Benedetto
  558 F.2d 171· 3d Cir.· 1977-06-22 ·cited 20×
  The court held that the trial court's jury instructions on the conspiracy count and the elements of making extortionate extensions of credit constituted reversible error, requiring vacation of convictions on those counts. However, convictions for using extortionate means to colle
• United States v. Warf
  529 F.2d 1170· 5th Cir.· 1976-04-08 ·cited 20×
  The dissenting judge believes the majority opinion erred in finding reversible error, arguing the prosecutor's improprieties were harmless given the totality of the evidence.
• United States v. Royce Lee Bledsoe
  531 F.2d 888· 8th Cir.· 1976-02-24 ·cited 20×
  The court held that the admission of irrelevant and prejudicial evidence of prior criminal activity and bad character, along with unsubstantiated remarks in the prosecutor's closing argument, constituted prejudicial error denying the defendant a fair trial.
• United States v. Thomas
  521 F.2d 76· 8th Cir.· 1975-08-01 ·cited 20×
  The court held that the jury instruction on 'putting in jeopardy' was erroneous because it allowed conviction based on the victim's fear rather than an objective risk of death, but this error did not require reversal due to sufficient evidence for the lesser included offense.
• Ennis v. State
  300 So. 2d 325· Fla. 1st DCA· 1974-09-17 ·cited 20×
  Ronnie Ennis was convicted of robbery (but acquitted of second degree murder) and sentenced to 45 years in prison. On appeal, he challenged the denial of his motion for change of venue, motion for directed verdict, motion for new trial based on improper jury communication, and hi
• Sherrill Gary Brinkley v. United States
  498 F.2d 505· 8th Cir.· 1974-04-09 ·cited 20×
• United States v. Holley
  493 F.2d 581· 9th Cir.· 1974-03-11 ·cited 20×
  The admission of evidence of a prior arrest for transporting illegal aliens and a 30-year-old conviction for forgery constituted reversible error.
• Settle v. State
  288 So. 2d 511· Fla. 2d DCA· 1974-01-25 ·cited 20×
  Willie Settle appealed his conviction for robbery, arguing the trial judge erred by failing to instruct the jury on penalties for lesser included offenses. The Florida appellate court affirmed the conviction, holding that judges need only instruct on the penalty for the charged o
• United States v. Vaughn
  486 F.2d 1318· 8th Cir.· 1973-11-05 ·cited 20×
  The court held that the admission of testimony regarding general narcotics sales in the neighborhood, without proper foundation, was prejudicial error and not harmless.
• Kimbrough v. COX
  444 F.2d 8· 4th Cir.· 1971-06-07 ·cited 20×
  Photographic pretrial identification procedures that are unnecessarily suggestive, creating a substantial likelihood of irreparable misidentification, violate due process.
• White v. United States
  314 F.2d 243· D.C. Cir.· 1962-11-21 ·cited 20×
  The court held that the prosecutor's comment on the defendant's failure to testify, without immediate admonishment or instruction, prejudiced the defendant's substantial right and constituted reversible error.
• Crawford v. United States
  219 F.2d 207· 5th Cir.· 1955-01-28 ·cited 20×
• Jamil Abdullah Al-Amin v. Warden, Comm'r, Ga. Dep't OF Corr.
  932 F.3d 1291· 11th Cir.· 2019-07-31 ·cited 19×
  The Eleventh Circuit affirmed the district court's denial of habeas relief, finding that while the prosecutor's comments violated Al-Amin's Fifth Amendment right against self-incrimination, the error did not result in actual prejudice under the Brecht standard due to overwhelming
• Knight v. State
  225 So. 3d 661· Fla.· 2017-01-31 ·cited 19×
  Richard Knight was convicted of two counts of first-degree murder and sentenced to death. On appeal from denial of his Rule 3.851 postconviction motion and habeas corpus petition, the Florida Supreme Court affirmed his convictions and death sentence, finding no ineffective assist