Harmless Error Analysis

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

• Shidaker v. Carlin
  782 F.2d 746· 7th Cir.· 1986-01-29 ·cited 16×
  The court held that the plaintiff made a sufficient prima facie showing of discriminatory impact regarding her promotion denial, requiring further consideration, but affirmed the finding that her demotion was not retaliatory.
• United States v. Pflaumer
  774 F.2d 1224· 3d Cir.· 1985-10-09 ·cited 16×
  The court must reconsider whether an erroneous jury instruction on conspiracy, independent of withheld exculpatory material, warrants a new trial on all counts, and must apply the Bagley standard for materiality of withheld evidence.
• Lewis v. Thigpen
  767 F.2d 252· 5th Cir.· 1985-08-08 ·cited 16×
  The court held that the trial court abused its discretion in denying a pro se litigant's untimely jury trial demand based on ignorance of procedural rules, and that the harmless error analysis could not be applied without resolving the liberty interest issue.
• Wiley v. Gary Rayl & the Attorney Gen. of the State of Kan.
  767 F.2d 679· 10th Cir.· 1985-07-05 ·cited 16×
  The court held that a jury instruction creating a mandatory rebuttable presumption of criminal intent unconstitutionally shifted the burden of persuasion to the defendant.
• United States v. Silbert Mills
  760 F.2d 1116· 11th Cir.· 1985-05-20 ·cited 16×
  The court held that the district court erred in refusing to allow the deposition of an unarrested co-defendant and that the defendant's claim of ineffective assistance of counsel warranted a remand for further proceedings.
• United States v. de Hernandez
  745 F.2d 1305· 10th Cir.· 1984-09-28 ·cited 16×
  The court held that ex parte communications between the trial judge and the jury, and the failure to provide a complete jury instruction on the right not to testify, constituted reversible error.
• Greenfield v. Louie L. Wainwright
  741 F.2d 329· 11th Cir.· 1984-09-06 ·cited 16×
  The prosecutor's argument that the defendant's post-arrest, post-Miranda silence indicated sanity violated the Fifth and Fourteenth Amendments.
• United States ex rel. Rueben Palmer v. DeROBERTIS
  738 F.2d 168· 7th Cir.· 1984-05-14 ·cited 16×
  The court held that the district court correctly dismissed the habeas corpus petition because the petitioner failed to demonstrate a constitutional violation regarding the admission of flight evidence or the prosecution's use of peremptory challenges, and procedural defaults barr
• United States v. James
  728 F.2d 465· 10th Cir.· 1984-02-29 ·cited 16×
  The court affirmed the conviction, holding that the voir dire was adequate, the mailings constituted mail fraud, the evidence supported the extortion counts, and the prosecutorial misconduct did not warrant a mistrial.
• United States v. Crowder
  719 F.2d 166· 6th Cir.· 1983-10-13 ·cited 16×
  The court held that the defendant's statement after being informed of his rights was not a waiver of his right to remain silent and should not have been introduced by the government.
• Pender v. State
  432 So. 2d 800· Fla. 1st DCA· 1983-06-15 ·cited 16×
  Pender was convicted of battery on a law enforcement officer. The Florida appellate court reversed and remanded because the trial court erred by refusing to allow defense counsel to make a proffer of excluded testimony during cross-examination of the state's witness, which violat
• Kampshoff v. Smith
  698 F.2d 581· 2d Cir.· 1983-01-18 ·cited 16×
  The court held that the erroneous admission of unreliable eyewitness identification testimony was not harmless error because there was a reasonable possibility that it contributed to the conviction.
• Thomas v. Wyrick
  687 F.2d 235· 8th Cir.· 1982-08-20 ·cited 16×
  The court affirmed the denial of habeas corpus relief, holding that the petitioner's procedural failures, including the provisional nature of the trial court's ruling and the failure to make an offer of proof, precluded a constitutional review of the exclusion of character witnes
• United States v. Hammond
  666 F.2d 435· 9th Cir.· 1982-01-28 ·cited 16×
  The court held that testimony from a Pretrial Services Officer (PSO) regarding observations made outside official duties was admissible, and that the confession and identification testimony were not fruits of an unlawful arrest or unconstitutional show-up.
• Smith v. State
  404 So. 2d 167· Fla. 1st DCA· 1981-09-29 ·cited 16×
  The court held that limiting cross-examination regarding a witness's racial prejudice and refusing to instruct the jury on minimum and maximum penalties constituted reversible error.
• United States v. Bithoney
  631 F.2d 1· 1st Cir.· 1980-09-24 ·cited 16×
  The court held that the warrant was sufficiently particular and that there was sufficient evidence to support the convictions for conspiracy.
• United States v. Hinton
  631 F.2d 769· D.C. Cir.· 1980-05-13 ·cited 16×
  The court held that the defendant was deprived of effective assistance of counsel because his attorney did not have adequate time to review Jencks Act materials provided on the morning of trial, and thus could not make an informed decision about their use.
• United States v. Cooper
  606 F.2d 96· 5th Cir.· 1979-11-07 ·cited 16×
  The court held that the drug conspiracy statute is constitutional and that the evidence was sufficient to support the convictions.
• United States v. Diana
  605 F.2d 1307· 4th Cir.· 1979-08-29 ·cited 16×
  The government's failure to provide a satisfactory explanation for the delay in judicially sealing wiretap evidence, as required by 18 U.S.C. § 2518(8)(a), necessitates suppression of the evidence.
• United States v. DI Rodio
  565 F.2d 573· 9th Cir.· 1977-11-30 ·cited 16×
  The court held that admitting a codefendant's post-arrest hearsay statements, which corroborated the prosecution's informant and were made after the conspiracy ended, was an error of constitutional dimension that was not harmless.
• United States v. Brady
  561 F.2d 1319· 9th Cir.· 1977-09-28 ·cited 16×
  The court held that the trial court erred in restricting defense counsel's cross-examination of a key government witness regarding her prior drug sources.
• United States v. Benavides
  549 F.2d 392· 5th Cir.· 1977-03-25 ·cited 16×
  The court held that the defendant's conviction must be reversed due to the trial court's ex parte communication with the jury and undue restriction of cross-examination regarding a witness's plea bargain.
• Glantz v. State
  343 So. 2d 88· Fla. 3d DCA· 1977-03-08 ·cited 16×
  Charles Richard Glantz was convicted of receiving stolen property, but the Florida District Court of Appeal reversed and remanded for a new trial due to the prosecutor's highly prejudicial comments and improper questioning that deprived him of a fair trial.
• Gerson Merrill Kartman v. Parratt
  535 F.2d 450· 8th Cir.· 1976-05-12 ·cited 16×
  Procedural errors in probation revocation hearings were not prejudicial, and therefore, habeas corpus relief is not warranted.
• United States v. Young
  472 F.2d 628· 6th Cir.· 1972-11-29 ·cited 16×
  The denial of a transcript to an indigent defendant was not error because adequate alternatives were available, and any potential error was harmless.
• Martinez v. Turner
  461 F.2d 261· 10th Cir.· 1972-06-08 ·cited 16×
  The court held that the suggestive lineup and unlawful seizure of the coat violated federal constitutional rights, and that the admission of this evidence was not harmless error. However, the court modified the order for immediate release to allow the state an opportunity for ret
• Close v. United States
  450 F.2d 152· 4th Cir.· 1971-10-20 ·cited 16×
  The court held that the admission of co-defendants' oral confessions was harmless error for the armed bank robbery convictions but required reversal for the interstate transportation of stolen property conviction.
• Schnepp v. Hocker
  429 F.2d 1096· 9th Cir.· 1970-07-06 ·cited 16×
  The court held that the denial of counsel at the preliminary hearing was harmless error, and that probable cause existed for the arrest and search.
• Cockrell v. Oberhauser
  413 F.2d 256· 9th Cir.· 1969-06-06 ·cited 16×
  The admission of a codefendant's confession implicating Leroy, and Leroy's silence in response, violated his Fifth and Sixth Amendment rights, and the error was not harmless beyond a reasonable doubt. The Bruton rule does not apply to bench trials, so Ivy's confrontation claim fa
• Harley A. Conner v. State
  106 So. 2d 416· Fla.· 1958-11-12 ·cited 16×
  Harley Conner was convicted of first-degree murder for shooting and killing Sheriff Mark Read of Gilchrist County, Florida. On appeal, Conner challenged the conviction on grounds of insufficient evidence of premeditation and intent, arguing he was too intoxicated to form the requ
• United States v. Jarred Alexander Goldman
  953 F.3d 1213· 11th Cir.· 2020-03-25 ·cited 15×
  The court held that restitution under the MVRA for a unique artifact requires replacement cost, not just market value, and vacated the restitution order for revaluation. The court affirmed the defendant's sentence, finding it substantively reasonable despite a potential guideline
• King v. State
  211 So. 3d 866· Fla.· 2017-01-26 ·cited 15×
  Michael King was convicted and sentenced to death for the January 2008 kidnapping, rape, and murder of Denise Amber Lee. On appeal of his Rule 3.851 motion, the Florida Supreme Court rejected his claims of ineffective assistance of counsel, constitutional defects in Florida's let
• Sparre v. State
  164 So. 3d 1183· Fla.· 2015-01-22 ·cited 15×
  David Kelsey Sparre was convicted of the first-degree murder of Tiara Pool and sentenced to death. The Florida Supreme Court affirmed the conviction and sentence, rejecting his three appellate claims regarding trial court error in not calling mitigation witnesses, the applicabili
• Dorall Daniel Marshall v. State
  68 So. 3d 374· Fla. 5th DCA· 2011-08-26 ·cited 15×
  The court held that the trial court erred in excluding evidence of a prior inconsistent statement offered for impeachment purposes, and this error was not harmless.
• Lucas v. State
  67 So. 3d 332· Fla. 4th DCA· 2011-07-13 ·cited 15×
  Eric Lucas appeals his convictions for burglary of a dwelling with battery and aggravated battery. The Fourth District Court of Appeal affirmed, rejecting challenges to the admission of his girlfriend's statements to police, jailhouse telephone recordings, and prosecutorial remar
• Montrell L. Johnson v. State
  53 So. 3d 360· Fla. 5th DCA· 2011-01-21 ·cited 15×
  Johnson appeals his conviction for aggravated battery with a firearm. The court affirms the conviction but reverses and remands for resentencing, finding that the trial court erred in imposing a 25-year mandatory minimum when the jury's special findings referenced "permanent disa
• Chavez v. State
  25 So. 3d 49· Fla. 1st DCA· 2009-12-08 ·cited 15×
  Daniel Chavez was convicted of first-degree murder in the death of his wife, Kathy Chavez. The court reverses his conviction because the trial court erroneously admitted hearsay statements regarding Chavez's threats to harm his wife under the common-law doctrine of forfeiture by
• McGRIFF v. State
  12 So. 3d 894· Fla. 1st DCA· 2009-06-30 ·cited 15×
  The trial court committed reversible error by instructing the jury on the law of principals when no evidence supported such a theory, and this error was not harmless.
• Berny Serrano v. State
  15 So. 3d 629· Fla. 1st DCA· 2009-06-17 ·cited 15×
  Berny Serrano was convicted by jury of first-degree murder, home invasion robbery, and conspiracy to commit home invasion robbery in the killing of Jacob Langworthy during a failed robbery. On appeal, Serrano challenged the denial of three motions to suppress his incriminating st
• Hosang v. State
  984 So. 2d 671· Fla. 4th DCA· 2008-06-25 ·cited 15×
  Michael Hosang appeals his convictions for attempted robbery with a firearm and burglary while armed with a firearm. The Fourth District Court of Appeal reversed his convictions, finding that the prosecutor made improper remarks during closing argument by arguing facts not in evi
• Etavius Carlyle v. State
  945 So. 2d 540· Fla. 2d DCA· 2006-11-29 ·cited 15×
  Etavius Carlyle appeals his convictions for attempted second-degree murder and four counts of sexual battery with a deadly weapon or force causing injury. The appellate court affirmed his convictions, rejecting his arguments that three sexual battery counts should have been dismi
• Landry v. State
  931 So. 2d 1063· Fla. 4th DCA· 2006-07-05 ·cited 15×
  Landry was charged with child abuse and convicted based partly on victim testimony that Landry asked her to lie. The trial court failed to conduct a Richardson hearing after learning of this undisclosed statement, violating discovery obligations. The court reverses and remands fo
• Rojas v. State
  904 So. 2d 598· Fla. 5th DCA· 2005-06-17 ·cited 15×
  Jorge Rojas appeals his convictions for burglary with assault, aggravated assault with a deadly weapon, and false imprisonment arising from an attempted pawn shop robbery. The trial court denied his motion for mistrial despite finding that the State committed a discovery violatio
• Jones v. State
  901 So. 2d 255· Fla. 4th DCA· 2005-04-27 ·cited 15×
  Johnny Jones appealed his probation revocation sentence, challenging two scoresheet errors: inclusion of a vacated manslaughter conviction and improper legal status violation points. The Fourth District reversed and remanded for an evidentiary hearing and resentencing, applying t
• Richardson v. State
  875 So. 2d 673· Fla. 1st DCA· 2004-05-18 ·cited 15×
  David Richardson appealed his convictions for robbery with a firearm, armed false imprisonment, and battery. The court reversed his robbery conviction due to prejudicial hearsay testimony regarding the amount stolen, but affirmed his convictions for false imprisonment and battery
• Bell v. State
  870 So. 2d 893· Fla. 4th DCA· 2004-03-31 ·cited 15×
  Bell appealed his conviction for battery on a law enforcement officer, fleeing and eluding, and cocaine possession, arguing the trial judge abused discretion by denying his challenge for cause to a juror who expressed bias favoring the state. The appellate court agreed and revers
• Rodriguez v. State
  906 So. 2d 1082· Fla. 3d DCA· 2004-01-21 ·cited 15×
  Alberto Rodriguez was convicted of resisting arrest, fleeing police, unlawful display of law enforcement indicia, and reckless driving after a high-speed motorcycle chase. The appellate court reversed his conviction for unlawfully displaying a "POLICE" shirt, finding the statute
• Valley v. State
  860 So. 2d 464· Fla. 4th DCA· 2003-10-29 ·cited 15×
  Darryl Valley was convicted of strong-arm robbery and burglary with assault based on fingerprint evidence and collateral crime evidence. The Florida appellate court reversed and remanded for a new trial, holding that the trial court erred in admitting hearsay testimony regarding
• Villella v. State
  833 So. 2d 192· Fla. 5th DCA· 2002-12-13 ·cited 15×
  Mark Villella was convicted of first-degree murder for stabbing his wife to death. On appeal, the Fifth District Court of Appeal reversed the conviction, holding that the trial court abused its discretion in excluding corroborative evidence of the wife's affair—evidence central t
• Stribbling v. State
  778 So. 2d 452· Fla. 4th DCA· 2001-02-14 ·cited 15×
  The court held that the detective's testimony about an anonymous telephone message naming the defendant as the perpetrator was inadmissible hearsay and that the error was not harmless.