Harmless Error Analysis

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

• United States v. Vaughan Snead
  527 F.2d 590· 4th Cir.· 1975-11-11 ·cited 18×
  The court held that the defendant's conviction was valid despite unrecorded bench conferences, as no prejudice resulted.
• United States v. Ortiz
  507 F.2d 1224· 6th Cir.· 1974-12-12 ·cited 18×
  The court held that while the admission of testimony regarding the defendant's prior arrest record was an error, it did not affect substantial rights given the overwhelming evidence of guilt.
• United States v. DeLOACH
  504 F.2d 185· D.C. Cir.· 1974-03-01 ·cited 18×
  The court held that erroneous restrictions on defense counsel's closing argument, preventing the suggestion that an accomplice may have committed the murders, were not harmless error and warranted reversal.
• Rudd v. State
  477 F.2d 805· 5th Cir.· 1973-04-23 ·cited 18×
  The court held that the introduction of identification testimony stemming from unconstitutional pretrial lineups, show-ups, and photo displays was error, warranting habeas corpus relief.
• Metropolis v. Turner
  437 F.2d 207· 10th Cir.· 1971-01-27 ·cited 18×
  The court held that the trial court erred in granting the writ of habeas corpus and discharging the petitioners because the Bruton rule was either inapplicable or the violation was harmless error.
• Martone v. United States
  435 F.2d 609· 1st Cir.· 1970-12-07 ·cited 18×
  The court held that the Supreme Court's decision in Turner v. United States, which invalidated certain evidentiary presumptions used in cocaine convictions, must be applied retroactively to cases like petitioner's where the conviction relied on those presumptions.
• United States v. Padgent
  432 F.2d 701· 2d Cir.· 1970-10-15 ·cited 18×
  The court held that the trial court committed reversible error by improperly curtailing defense counsel's cross-examination of an alleged accomplice witness regarding her bail status and potential bail jumping.
• United States v. DE LA Cruz
  420 F.2d 1093· 7th Cir.· 1970-01-15 ·cited 18×
  Statements made by a defendant during a custodial interrogation, even if initially part of a customs search, are inadmissible if Miranda warnings were not given.
• Ganger v. Peyton
  379 F.2d 709· 4th Cir.· 1967-05-30 ·cited 18×
  The court held that a federal court should not vacate a state court conviction for ineffective counsel without the prisoner first exhausting state remedies. However, a conviction obtained when the prosecuting attorney had a conflict of interest, representing the victim in a relat
• Sears v. Warden GDCP
  73 F.4th 1269· 11th Cir.· 2023-07-19 ·cited 17×
  Demarcus Sears, sentenced to death in Georgia for kidnapping with bodily injury and armed robbery after the 1990 murder of Gloria Wilbur, appealed his death sentence on federal habeas review, contending that Georgia's inequitable discovery rule under *Sabel v. State* violated his
• Doty v. State
  170 So. 3d 731· Fla.· 2015-07-09 ·cited 17×
  Wayne C. Doty, serving a life sentence for a prior murder, was convicted of first-degree murder and sentenced to death for killing fellow inmate Xavier Rodriguez at Florida State Prison. The Florida Supreme Court affirmed the conviction and death sentence, rejecting challenges to
• Elmer v. State
  114 So. 3d 198· Fla. 5th DCA· 2012-10-12 ·cited 17×
  Elmer was convicted of three counts of capital sexual battery on a child under twelve. The Florida appellate court reversed, finding the trial court abused its discretion by prohibiting the defendant from using a prior inconsistent statement from a 1995 police report to impeach t
• Wagner v. State
  88 So. 3d 250· Fla. 4th DCA· 2012-01-11 ·cited 17×
  James Francis Wagner appeals his conviction for trafficking in Oxycodone and related drug offenses, challenging a jury instruction that added a "lawful purpose" requirement to the statutory prescription defense. The court agreed that the instruction misstated the law and reversed
• Redd v. State
  49 So. 3d 329· Fla. 1st DCA· 2010-12-08 ·cited 17×
  Samuel Dennis Redd was convicted of trafficking in cocaine based largely on double hearsay statements from a codefendant that were improperly admitted at trial. The Florida First District Court of Appeal reversed the conviction, holding that the trial court erred in allowing the
• Hernandez v. State
  31 So. 3d 873· Fla. 4th DCA· 2010-03-17 ·cited 17×
  John Hernandez was convicted of lewd or lascivious molestation and exhibition charges involving a twelve-year-old victim. The Fourth District Court of Appeal reversed his convictions, holding that the trial court abused its discretion by allowing the prosecution to call his wife
• Moore v. State
  903 So. 2d 341· Fla. 1st DCA· 2005-06-13 ·cited 17×
  The court held that fundamental error occurred because the jury instructions failed to require the jury to determine if the pellet gun constituted an 'other deadly weapon' as defined by statute.
• Glover v. State
  815 So. 2d 698· Fla. 5th DCA· 2002-04-05 ·cited 17×
  Glover was convicted of capital sexual battery of a child under twelve years old. The appellate court affirmed the conviction despite finding that the jury instruction may have been erroneous in not explicitly listing the defendant's age (eighteen or older) as an element of the o
• Hooper v. State
  703 So. 2d 1143· Fla. 4th DCA· 1997-12-10 ·cited 17×
  Bernard Hooper was convicted of robbery with a firearm, theft of a motor vehicle, and aggravated fleeing and eluding. The Fourth District Court of Appeal affirmed the convictions despite finding that the trial court's use of a newly amended jury instruction on principals constitu
• Klose v. Coastal Emergency Servs. OF Fort Lauderdale, Inc.
  673 So. 2d 81· Fla. 4th DCA· 1996-04-10 ·cited 17×
  Robert Klose appealed a jury verdict of no liability in a wrongful death case arising from his wife's death during a bronchoscopy procedure at Jupiter Hospital. The Fourth District Court of Appeal reversed and remanded for a new trial, finding two reversible errors: the trial cou
• J.M. v. State
  665 So. 2d 1135· Fla. 5th DCA· 1996-01-05 ·cited 17×
  The court held that the trial court erred in admitting the victim's statement under the spontaneous statement exception to the hearsay rule because the statement was made after the declarant had time to reflect.
• Lucas v. State
  630 So. 2d 597· Fla. 1st DCA· 1993-11-22 ·cited 17×
  David Lucas appeals his convictions for attempted second-degree murder, sexual battery, armed robbery, and kidnapping, raising six issues concerning jury instructions, evidentiary errors, and sentencing. The court reverses his attempted murder conviction due to insufficient jury
• United States v. Preciado-Cordobas
  981 F.2d 1206· 11th Cir.· 1993-01-27 ·cited 17×
  Four defendants were convicted of drug trafficking and conspiracy after their vessel was seized carrying nearly five tons of marijuana. The trial record was substantially incomplete because the court reporter's equipment malfunctioned, rendering the closing arguments, jury instru
• United States v. Balfany
  965 F.2d 575· 8th Cir.· 1992-05-13 ·cited 17×
• Logan v. State
  592 So. 2d 295· Fla. 5th DCA· 1991-12-19 ·cited 17×
  Thomas Logan was convicted of four counts of DUI manslaughter and four counts of culpable negligence manslaughter following a fatal accident. The appellate court affirmed the DUI manslaughter convictions but reversed the culpable negligence convictions due to improper jury instru
• Falconer v. Lane
  905 F.2d 1129· 7th Cir.· 1990-06-29 ·cited 17×
  The court held that the jury instructions given at trial were constitutionally inadequate under the Fourteenth Amendment's Due Process Clause because they allowed the jury to return a murder verdict even if findings supported voluntary manslaughter.
• Shorter v. State
  532 So. 2d 1110· Fla. 3d DCA· 1988-10-18 ·cited 17×
  Christopher Shorter was convicted of second-degree murder and firearm possession during a criminal offense. The Florida District Court of Appeal reversed and remanded for a new trial based on prosecutorial misconduct during closing argument and cross-examination that deprived the
• Sanchez v. Eloy Mondragon
  858 F.2d 1462· 10th Cir.· 1988-10-06 ·cited 17×
  The court held that the trial court's inquiry into the defendant's decision to waive counsel and proceed pro se was inadequate, violating his Sixth Amendment right to counsel.
• Hardin v. Black
  845 F.2d 953· 11th Cir.· 1988-05-23 ·cited 17×
  The court held that the district court erred in applying a procedural bar to seventeen claims, which must be reconsidered on the merits, and affirmed the denial of other claims.
• Thigpen v. Cory
  804 F.2d 893· 6th Cir.· 1986-10-27 ·cited 17×
  The court held that the state's identification procedures did not violate due process, as the trial court's factual determination of reliability was entitled to a presumption of correctness under 28 U.S.C. § 2254(d).
• D'Anna v. State
  453 So. 2d 151· Fla. 1st DCA· 1984-07-18 ·cited 17×
  D'Anna was convicted of two counts of robbery with a firearm arising from a single incident at a convenience store. On appeal, he challenged the trial court's admission of photographs that resembled mugshots, arguing they violated his right to a fair trial by suggesting prior arr
• Villavicencio v. State
  449 So. 2d 966· Fla. 5th DCA· 1984-05-10 ·cited 17×
  Ramon Villavicencio appeals his conviction for burglary of a structure. The Florida District Court of Appeal affirmed, rejecting challenges to the prosecutor's characterization of his testimony as 'rehearsed' and to the trial judge's ex parte communication with the jury about an
• Holland v. State
  432 So. 2d 60· Fla. 1st DCA· 1983-03-29 ·cited 17×
  Appellant Holland was convicted of armed robbery and challenged the admission of evidence regarding a separate, nolle prossed bank robbery. The court affirmed, holding that evidence of collateral offenses may be admitted under the Williams Rule even after nolle pros, distinguishi
• United States v. Ghiz
  491 F.2d 599· 4th Cir.· 1974-02-05 ·cited 17×
  The court held that testimony regarding a defendant's assertion of his Fifth Amendment privilege is inadmissible and requires reversal.
• United States ex rel. Sylvester Johnson & Stanley Cassidy v. Yeager
  399 F.2d 508· 3d Cir.· 1968-08-23 ·cited 17×
  The admission of co-defendants' confessions in a joint trial, even with limiting instructions, violates the Confrontation Clause when the confessions implicate defendants who did not testify, requiring a new trial or further proceedings.
• Williams v. State
  209 So. 3d 543· Fla.· 2017-01-19 ·cited 16×
  Donald Otis Williams was convicted of the 2010 kidnapping, robbery, and first-degree murder of an 81-year-old victim and sentenced to death by a jury vote of 9-3. The Florida Supreme Court affirmed the convictions but reversed the death sentence because the jury's non-unanimous r
• Wright v. State
  161 So. 3d 442· Fla. 5th DCA· 2014-05-30 ·cited 16×
  Amber Wright appeals her first-degree murder conviction, contending that law enforcement's failure to timely provide Miranda warnings tainted her admissions. The Fifth District Court of Appeal agrees and reverses, finding that Wright's third interview—conducted after delayed Mira
• Proctor v. State
  97 So. 3d 313· Fla. 5th DCA· 2012-09-14 ·cited 16×
  Eric Proctor appeals his convictions for uttering forged checks and grand theft after a detective testified that Proctor was the person shown in bank surveillance video cashing stolen checks and that he wrote the forged signatures. The court reversed, holding that the detective's
• Geissler v. State
  90 So. 3d 941· Fla. 2d DCA· 2012-06-22 ·cited 16×
  Robert Geissler was convicted by jury of three counts of capital sexual battery and one count of lewd or lascivious molestation of a child victim (M.D.). The appellate court reversed and remanded for a new trial, finding two reversible errors: the prosecutor's repeated comments o
• Heriberto Vila v. State
  74 So. 3d 1110· Fla. 5th DCA· 2011-10-28 ·cited 16×
  Vila was convicted of burglary of a conveyance and battery. He appealed his battery conviction, arguing he was entitled to a jury instruction on justifiable use of non-deadly force based on self-defense. The court held that while Vila was entitled to the instruction, its omission
• Pulcini v. State
  41 So. 3d 338· Fla. 4th DCA· 2010-07-21 ·cited 16×
  Arthur Pulcini was convicted of unlawful sexual activity with a minor. On appeal, the Florida Fourth District Court of Appeal reversed and remanded for a new trial, finding that the trial court abused its discretion by admitting Williams rule evidence (testimony about prior bad a
• Berube v. State
  5 So. 3d 734· Fla. 2d DCA· 2009-02-25 ·cited 16×
  Leo Berube was convicted of first-degree murder for strangling a prostitute. The Florida District Court of Appeal reversed and remanded for a new trial, finding that the trial court erred in admitting Williams rule testimony regarding two prior rape victims, though the evidence o
• Odell Rutledge v. State
  1 So. 3d 1122· Fla. 1st DCA· 2009-01-21 ·cited 16×
  Odell Rutledge was convicted by jury of two counts of sexual battery against a minor under his custodial authority. On appeal, Rutledge challenged the adequacy of the trial court's Nelson inquiry regarding ineffective assistance of counsel, the failure to conduct a Faretta hearin
• Jackson v. State
  979 So. 2d 1153· Fla. 5th DCA· 2008-04-18 ·cited 16×
  The court held that the trial court did not abuse its discretion in admitting a partially inaudible audiotape into evidence, as there was sufficient evidence of its authenticity and relevance.
• Fehringer v. State
  976 So. 2d 1218· Fla. 4th DCA· 2008-03-26 ·cited 16×
  The court held that the trial court erred by prohibiting defense counsel from proffering the minor victim's testimony regarding a prior accusation of sexual assault against another man, as this prevented effective appellate review.
• Harris v. State
  937 So. 2d 211· Fla. 3d DCA· 2006-09-01 ·cited 16×
  Robert Lewis Harris was convicted of second degree murder along with a co-defendant based on a jury instruction that used the conjunction "and/or" between their names when describing the criminal act element. The court reverses, finding this phrasing constituted fundamental error
• Lloyd v. Crosby
  917 So. 2d 988· Fla. 3d DCA· 2005-12-28 ·cited 16×
  Douglas Lloyd, a co-defendant with Gregory Dorsett, sought habeas corpus relief based on a jury instruction error involving an ambiguous 'and/or' conjunction in robbery and false imprisonment charges. Although the court had found fundamental error in Dorsett's case, it denied Llo
• Devonta Lequan Small v. State
  889 So. 2d 862· Fla. 1st DCA· 2004-11-30 ·cited 16×
  Devonta Small was convicted of aggravated battery on a pregnant victim. The appellate court affirmed the trial court's denial of his motion for acquittal based on legally sufficient evidence, but reversed and remanded for a new trial because the trial court failed to instruct the
• Izel Jackson v. State
  832 So. 2d 773· Fla. 4th DCA· 2002-07-03 ·cited 16×
  Izel Jackson was convicted of delivery of cocaine and sentenced to fifteen years as a habitual felony offender. The Fourth District Court of Appeal reversed his conviction on two grounds: the trial court improperly denied a jury instruction on knowledge of the illicit nature of t
• Albritton v. State
  769 So. 2d 438· Fla. 2d DCA· 2000-09-20 ·cited 16×
  Paula Albritton was convicted of abusing a dead body after confessing to police that she mutilated a deceased man's body as part of a religious ritual. The appellate court reversed her conviction, finding that her confessions were involuntary because police made implied promises
• MacKerley v. State
  754 So. 2d 132· Fla. 4th DCA· 2000-03-22 ·cited 16×
  Alan Mackerley was convicted of first-degree murder and kidnapping in the death of business competitor Frank Black. The appellate court reversed the kidnapping conviction as legally unsupported but affirmed the murder conviction under the Delgado harmless error doctrine, certifyi