Harmless Error Analysis

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

• Riley v. State
  25 So. 3d 1· Fla. 1st DCA· 2008-10-22 ·cited 19×
  Riley sought relief for ineffective assistance of appellate counsel, arguing that his appellate counsel failed to raise a jury instruction error. The court found that the trial court erred in denying a lesser included offense instruction on simple battery, which constitutes per s
• United States v. Resendiz-Ponce
  549 U.S. 102· U.S.· 2007-01-09 ·cited 19×
  The indictment must allege both the intent to commit the crime and an overt act toward its commission.
• Rosen v. State
  940 So. 2d 1155· Fla. 5th DCA· 2006-09-08 ·cited 19×
  Ronald Rosen, a sixth-grade teacher, was convicted of four counts of lewd and lascivious molestation and two counts of misdemeanor battery for intentionally touching four minor female students on their buttocks and chest without consent. The appellate court affirmed all convictio
• Vincente Sandoval v. State
  884 So. 2d 214· Fla. 2d DCA· 2004-07-30 ·cited 19×
  Vincente Sandoval was convicted of capital sexual battery and sentenced to life imprisonment with a 25-year minimum mandatory term, but the trial court allowed him to discharge appointed counsel and proceed pro se at sentencing without conducting a proper Faretta inquiry into whe
• Margarito Montano v. State
  846 So. 2d 677· Fla. 4th DCA· 2003-06-04 ·cited 19×
  Margarito Montano was convicted of possession of a firearm by a convicted felon. On appeal, the Fourth District Court of Appeal held that a crucial witness's tape-recorded statement to police was improperly admitted under the recorded recollection exception to hearsay because the
• Tindal v. State
  803 So. 2d 806· Fla. 4th DCA· 2001-12-19 ·cited 19×
  Cameron Tindal was convicted of first-degree murder and sentenced to life without parole. The Fourth District Court of Appeal reversed and remanded for a new trial, finding that the prosecutor's closing argument improperly suggested that a non-testifying witness made her initial
• Cameron v. State
  804 So. 2d 338· Fla. 4th DCA· 2001-07-18 ·cited 19×
  Stanley Cameron was convicted of multiple counts of boating under the influence (BUI) and unlawful blood alcohol level (UBAL) manslaughter after a high-speed boat collision killed six people. The appellate court upheld the admission of his blood test results but reversed his BUI
• Williams v. State
  792 So. 2d 1207· Fla.· 2001-07-12 ·cited 19×
  The Florida Supreme Court reversed a death sentence for Ronald Keith Williams because the trial court impermissibly substituted an alternate juror for an original juror who became emotionally incapacitated during guilt-phase deliberations. The court held that whenever a juror bec
• Austin v. State
  700 So. 2d 1233· Fla. 4th DCA· 1997-09-10 ·cited 19×
  Kerry Austin was convicted of aggravated assault, throwing a deadly missile into a building, and resisting arrest. On appeal, Austin challenged the trial court's denial of a mid-trial continuance and the court's overruling of an objection to a prosecutorial closing argument, both
• Williams v. State
  662 So. 2d 419· Fla. 3d DCA· 1995-11-08 ·cited 19×
  Lee Williams appeals his convictions for burglary and robbery, challenging the trial court's admission of evidence of a collateral crime under the Williams rule. The court reversed, holding that the collateral crime evidence was improperly admitted because the two incidents lacke
• Donnie Lee Donaldson v. State
  656 So. 2d 580· Fla. 1st DCA· 1995-06-19 ·cited 19×
  Donnie Lee Donaldson was convicted of cocaine sale within 1000 feet of a school, but the Florida First District Court of Appeal reversed because the trial court abused its discretion by excluding critical defense witness testimony without exploring reasonable alternatives to miti
• Glock v. Singletary
  36 F.3d 1014· 11th Cir.· 1994-10-07 ·cited 19×
  Robert Dewey Glock II was convicted of first-degree murder, kidnapping, and robbery in 1983 and sentenced to death. On federal habeas review, the Eleventh Circuit affirmed his murder conviction despite finding a Bruton violation in the admission of his nontestifying codefendant's
• Small v. State
  630 So. 2d 1087· Fla.· 1994-02-03 ·cited 19×
  The Florida Supreme Court held that trial courts need not automatically reverse convictions when alibi witnesses are excluded for violation of the ten-day notice rule, but must conduct a hearing to determine whether good cause existed for the noncompliance. The Court distinguishe
• Rice v. State
  622 So. 2d 1129· Fla. 5th DCA· 1993-08-13 ·cited 19×
  The Florida District Court of Appeal reviewed sentences imposed on Sheldon Leonard Rice, Jr. The court affirmed the habitual violent felony offender sentence but reversed the sentence for a probation violation, remanding for resentencing due to an unsupported departure from guide
• Simon v. State
  589 So. 2d 381· Fla. 4th DCA· 1991-11-13 ·cited 19×
  Steven Simon appealed his conviction for battery on a police officer and resisting arrest with violence. The appellate court reversed and remanded for a new trial, finding that the trial court reversibly erred by refusing to instruct the jury on the justifiable use of non-deadly
• Colbert v. State
  569 So. 2d 433· Fla.· 1990-10-25 ·cited 19×
  The Florida Supreme Court upheld a trial court's conviction of Corey Lynn Colbert for kidnapping, sexual battery, and lewd assault on a child, holding that although the trial court failed to provide advance notice to defense counsel before giving a modified jury instruction, the
• United States v. Lang
  904 F.2d 618· 11th Cir.· 1990-06-28 ·cited 19×
  The court held that the erroneous admission of grand jury testimony under Rule 804(b)(5) and the resulting Confrontation Clause violation were harmless error because the government's case was strong and the testimony was not essential to the conviction.
• United States v. Allen
  895 F.2d 1577· 10th Cir.· 1990-02-06 ·cited 19×
  The court held that the district court's failure to conduct a knowing and intelligent waiver inquiry before allowing the defendant to proceed pro se violated his Sixth Amendment right to counsel, and this error can never be treated as harmless.
• Wise v. State
  546 So. 2d 1068· Fla. 2d DCA· 1989-05-31 ·cited 19×
  Joseph Wise was convicted of sexual battery and related offenses involving a six-year-old child. The Florida appellate court reversed his convictions because the trial court erroneously admitted the child victim's prior consistent statements through the mother's testimony, violat
• Adams v. Midge Carroll
  875 F.2d 1441· 9th Cir.· 1989-05-30 ·cited 19×
  A criminal defendant's request to proceed pro se is not rendered equivocal by being conditioned on the refusal to appoint a specific attorney the defendant distrusts.
• Alvord v. Dugger
  541 So. 2d 598· Fla.· 1989-02-09 ·cited 19×
  Gary Alvord petitioned for habeas corpus relief challenging his death sentence for three murders, arguing a Hitchcock violation (jury instructed to consider only statutory mitigating circumstances) and a confession error (Miranda warnings were deficient). The Florida Supreme Cour
• United States v. Taylor
  841 F.2d 1300· 7th Cir.· 1988-02-17 ·cited 19×
  The court held that 18 U.S.C. § 3331 requires only a judicial determination that a special grand jury has not finished its business to extend its term, not a formal written order. The failure to enter such orders was not error for most defendants.
• Yolman v. State
  469 So. 2d 842· Fla. 2d DCA· 1985-05-03 ·cited 19×
  Karen Sue Yolman was convicted of conspiracy to traffic in cannabis, but the Florida District Court of Appeal reversed her conviction because the trial judge improperly limited her cross-examination of the state's key informant witness regarding his bias and motive, violating her
• Watts v. State
  450 So. 2d 265· Fla. 2d DCA· 1984-04-27 ·cited 19×
  Jack Watts was convicted of second-degree murder based largely on eyewitness testimony. The appellate court reversed his conviction because the trial judge unconstitutionally restricted cross-examination of the key prosecution witness regarding his probationary status and pending
• Hoover v. State OF Md.
  714 F.2d 301· 4th Cir.· 1983-07-28 ·cited 19×
  The dissenting judge holds that the trial court did not abuse its discretion in limiting cross-examination regarding a witness's bias, as sufficient evidence of bias was presented to the jury.
• United States v. GEE
  695 F.2d 1165· 9th Cir.· 1983-01-06 ·cited 19×
  The court held that while the government committed a Rule 16 violation by failing to produce a transcript, the defendant suffered no prejudice.
• United States v. Sandor Regner
  677 F.2d 754· 9th Cir.· 1982-05-19 ·cited 19×
  The court held that the admission of evidence of prior insurance claims was not an abuse of discretion, a continuance granted was sufficient, and the admission of foreign public documents did not violate the defendant's Sixth Amendment rights.
• Gov't of the Virgin Islands v. Bedford
  671 F.2d 758· 3d Cir.· 1982-02-23 ·cited 19×
  The court held that the district court's failure to weigh the probative value against the prejudicial effect of a prior conviction for impeachment purposes was harmless error, and that amending the information to charge assault with a deadly weapon was permissible as it did not i
• Harley Mathis v. O'Reilly
  400 So. 2d 795· Fla. 5th DCA· 1981-06-17 ·cited 19×
  In a vehicle accident negligence action, the trial court erroneously excluded plaintiff's expert testimony comparing the factual bases and methodologies underlying the dueling expert opinions on the defendant's vehicle speed. The appellate court reversed, holding that such compar
• United States v. Poitier
  623 F.2d 1017· 5th Cir.· 1980-08-11 ·cited 19×
  The court held that even if hearsay evidence and jury instructions were improperly admitted, the errors were harmless due to overwhelming other evidence of guilt. The evidence was also sufficient to support Poitier's conviction for conspiracy.
• Alonso v. Fernandez
  379 So. 2d 685· Fla. 3d DCA· 1980-02-05 ·cited 19×
  In this negligence action arising from a motor vehicle accident, the appellate court reversed and remanded for a new trial on the property damage claim because the trial court erroneously instructed the jury on the measure of damages without evidence of the vehicle's market value
• Booton v. Hanauer
  541 F.2d 296· 1st Cir.· 1976-09-02 ·cited 19×
  The court held that the introduction of the petitioner's refusal to answer further questions during a police interview was constitutional error but harmless beyond a reasonable doubt, and affirmed the denial of the writ of habeas corpus.
• McFARLAND v. United States
  D.D.C.· 1945-07-02 ·cited 19×
  The court held that while the prosecutor engaged in misconduct, the errors did not require reversal because the evidence of guilt was overwhelming and the errors did not deprive the appellant of a fair trial.
• Harris v. The Lincoln Nat'l Life Ins. Co.
  42 F.4th 1292· 11th Cir.· 2022-07-29 ·cited 18×
  The Eleventh Circuit held that under the de novo standard of review for ERISA benefits denials, district courts are not limited to the administrative record and may consider post-denial evidence.
• Demeko Ladjuan Sims v. State
  260 So. 3d 509· Fla. 1st DCA· 2018-12-10 ·cited 18×
  The court affirmed Sims's convictions for armed robbery and petit theft and his life sentence as a Prison Releasee Reoffender, holding that the convictions do not violate double jeopardy because robbery and petit theft are distinct offenses with different statutory elements, and
• Cozzie v. State
  225 So. 3d 717· Fla.· 2017-05-11 ·cited 18×
  The Florida Supreme Court affirmed a defendant's conviction for first-degree murder and sentence of death, rejecting his claims of error regarding jury selection, expert testimony, sentencing aggravators, penalty phase evidence, and the constitutionality of Florida's capital sent
• Terence Tobias Oliver v. State
  214 So. 3d 606· Fla.· 2017-04-06 ·cited 18×
  The Florida Supreme Court affirmed the convictions and death sentences for two counts of first-degree murder. The court found that the trial court did not abuse its discretion in admitting evidence of a shotgun, that the prosecutor's comment on lack of remorse did not warrant a m
• Brown v. State
  165 So. 3d 726· Fla. 4th DCA· 2015-05-20 ·cited 18×
  Brown was convicted of drug sales based on testimony and videos of undercover buys, but the State committed a discovery violation by failing to properly disclose Brown's recorded video statement to police in this case's discovery submissions. The trial court failed to conduct an
• Allstate Ins. Co. v. Marotta
  125 So. 3d 956· Fla. 4th DCA· 2013-06-05 ·cited 18×
  Allstate Insurance Company appeals a jury verdict awarding $441,000 to Anthony Marotta for injuries from an uninsured motorist accident, arguing the trial court erred in denying its motion for new trial based on improper closing argument and expert witness impeachment by Marotta'
• Barnes v. State
  108 So. 3d 700· Fla. 1st DCA· 2013-02-27 ·cited 18×
  Alvin Barnes, a sexual offender, appealed his conviction for failing to register a change of address with the Florida Department of Highway Safety & Motor Vehicles within 48 hours. The court reversed and remanded for a new trial because the trial court erroneously refused to give
• Oyola v. State
  99 So. 3d 431· Fla.· 2012-09-20 ·cited 18×
  Miguel Oyóla was convicted of first-degree murder, false imprisonment, armed robbery, and grand theft in the death of his employer Michael Lee Gerrard. A jury recommended death by a 9-3 vote, and the trial court imposed a death sentence. The Florida Supreme Court affirmed the con
• Phillup Alan Partin v. State
  82 So. 3d 31· Fla.· 2011-12-01 ·cited 18×
  Phillup Alan Partin was convicted of the first-degree murder of 16-year-old Joshan Ashbrook and sentenced to death. The Florida Supreme Court affirmed his conviction and death sentence, rejecting his claims regarding evidentiary rulings, jury instructions, and the proportionality
• Dezman Zama v. State
  54 So. 3d 1075· Fla. 4th DCA· 2011-03-02 ·cited 18×
  Dezman Zama was convicted of aggravated assault with a deadly weapon after firing a gun inside a nightclub. The Fourth District Court of Appeal reversed and remanded for a new trial because the trial court gave an erroneous jury instruction on the fear element of assault and admi
• Jackson v. State
  33 So. 3d 833· Fla. 2d DCA· 2010-05-07 ·cited 18×
  Willie Jackson was convicted of aggravated battery with a deadly weapon and aggravated assault with a firearm. On appeal, the Florida District Court of Appeal reversed because the trial court failed to conduct a preliminary inquiry into Jackson's motion to dismiss his court-appoi
• Gibson Paul v. State
  980 So. 2d 1282· Fla. 4th DCA· 2008-05-14 ·cited 18×
  Gibson Paul appeals his convictions for firearm-related offenses, arguing the prosecutor improperly shifted the burden of proof during closing argument. The Fourth District Court of Appeal reversed and remanded for a new trial, finding the prosecutor's statement that the defense
• LEE v. State
  873 So. 2d 582· Fla. 3d DCA· 2004-05-26 ·cited 18×
  Spencer Lee appeals his conviction for strong-arm robbery on the ground that a police detective improperly bolstered the victim's credibility by testifying that she was "very positive" about her identification and that he thought she was "a credible witness." The court reverses a
• Gonzalez v. State
  786 So. 2d 559· Fla.· 2001-05-10 ·cited 18×
  Ricardo Gonzalez appeals his death sentence imposed following a resentencing hearing ordered by the Florida Supreme Court. The Court affirms the death penalty, finding the trial court properly evaluated mitigating evidence and that the sentence is proportional to similar capital
• Chevron U.S.A., Inc. v. Forbes
  783 So. 2d 1215· Fla. 4th DCA· 2001-05-02 ·cited 18×
  In this slip-and-fall premises liability case, the Fourth District Court of Appeal reversed a judgment against Chevron, holding that the trial court erred in instructing the jury that violation of Florida Statute 526.141 (governing self-service gas stations) constitutes negligenc
• Rubin Otero v. State
  754 So. 2d 765· Fla. 3d DCA· 2000-03-08 ·cited 18×
  Rubin Otero was convicted of burglary with assault, robbery, grand theft of a vehicle, false imprisonment, and abuse of an aged or disabled person following a jury trial. On appeal, Otero challenged prosecutorial comments during closing argument about his failure to corroborate h
• Calderon v. Coleman
  525 U.S. 141· U.S.· 1998-12-14 ·cited 18×
  The Court of Appeals correctly applied the harmless error test, and its decision was not a matter of serious consequence warranting further review.