Harmless Error Analysis

4,441 Florida cases classified under this topic, plus 2,602 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Flanagan v. State
  625 So. 2d 827· Fla.· 1993-09-09 ·cited 152×
  The admission of sex offender profile testimony was error, but harmless beyond a reasonable doubt due to overwhelming evidence of guilt and the limited nature of the improper testimony.
• Haygood v. State
  109 So. 3d 735· Fla.· 2013-02-14 ·cited 150×·via Harmless Error Review
  Jeremy Haygood was convicted of second-degree murder for fatally beating his girlfriend. The Florida Supreme Court held that giving an erroneous jury instruction on manslaughter by act—requiring proof of intent to kill—constituted fundamental error, even though the jury was also
• United States v. Honneus
  508 F.2d 566· 1st Cir.· 1974-12-24 ·cited 150×
  The court held that multiple conspiracy counts stemming from a single agreement are impermissible, and a defendant can only be sentenced for one conspiracy, even if it violates multiple statutes. The court also found that the exclusion of certain cross-examination testimony was h
• Kelly v. State
  77 So. 3d 818· Fla. 4th DCA· 2012-01-11 ·cited 148×
  Raymond Kelly appeals his convictions for armed sexual battery, kidnapping, robbery, and impersonating an officer, challenging the admissibility of evidence seized from his office desk and a backpack in his girlfriend's home. The court upheld the office desk search based on Kelly
• Donaldson v. State
  722 So. 2d 177· Fla.· 1998-04-30 ·cited 148×
  The Florida Supreme Court affirmed Donaldson's convictions for two counts of first-degree murder, kidnapping, and aggravated child abuse in the deaths of two children, but reversed his death sentence and remanded for a new penalty phase. The court found the trial court erred in a
• Consalvo v. State
  697 So. 2d 805· Fla.· 1996-10-03 ·cited 148×
  Robert Consalvo was convicted of armed burglary and first-degree murder in the stabbing death of Lorraine Pezza and sentenced to death. The Florida Supreme Court affirmed his convictions and death sentence, finding the evidence overwhelming and rejecting multiple appellate challe
• Quawn M. Franklin v. State
  965 So. 2d 79· Fla.· 2007-06-21 ·cited 147×
  Quawn Franklin was convicted of first-degree murder and sentenced to death for the shooting death of Jerry Lawley during an attempted robbery. The Florida Supreme Court affirmed the conviction and death sentence, rejecting Franklin's challenges regarding confrontation clause viol
• Chamberlain v. State
  881 So. 2d 1087· Fla.· 2004-06-17 ·cited 146×
  John Chamberlain was convicted of three counts of first-degree murder and armed robbery for his role in a 1998 triple homicide during a robbery in West Palm Beach. The Florida Supreme Court affirmed his convictions and death sentences after reviewing eleven appellate issues, find
• COX v. State
  819 So. 2d 705· Fla.· 2002-05-23 ·cited 146×·via Harmless Error Standard
  Allen Ward Cox was convicted of first-degree murder and sentenced to death for stabbing inmate Thomas Baker to death in a prison facility after accusing Baker of stealing $500 from his footlocker. The Florida Supreme Court affirmed Cox's conviction and death sentence, rejecting t
• State v. Thewell Eugene Hamilton
  574 So. 2d 124· Fla.· 1991-01-17 ·cited 145×
  The Florida Supreme Court reversed a trial court's order granting a new penalty phase in a capital case, holding that unauthorized automobile magazines in the jury room during deliberations did not warrant reversal under a harmless error analysis. The Court adopted the Fifth Circ
• Tingle v. State
  536 So. 2d 202· Fla.· 1988-12-01 ·cited 145×
  Robert Tingle was convicted of sexual battery of his daughter but appealed claiming the trial court improperly denied his motions to determine competency to stand trial and that improper expert testimony invaded the jury's province regarding victim credibility. The Florida Suprem
• Lamonda D. Giles v. State
  831 So. 2d 1263· Fla. 4th DCA· 2002-12-18 ·cited 144×
  The Fourth District Court of Appeal reversed Lamonda Giles' aggravated battery conviction because a jury instruction on self-defense was misleading and circular, effectively negating her only defense by suggesting that the act of aggravated battery itself precluded justification
• Martin v. State
  705 So. 2d 1337· Fla.· 1997-12-24 ·cited 144×
  Pablo San Martin was convicted of first-degree murder and sentenced to death for his role in an attempted check-cashing business robbery that resulted in the death of Raul Lopez. On direct appeal to the Florida Supreme Court, San Martin raised seventeen claims of error, including
• Posey v. United States
  416 F.2d 545· 5th Cir.· 1969-07-17 ·cited 144×
• Harris v. State
  438 So. 2d 787· Fla.· 1983-09-08 ·cited 143×·via Harmless Error Rule
  Theodore Harris was convicted of first-degree murder, burglary with assault, and robbery of a 73-year-old woman. He appealed arguing his confession was involuntary and his trial contained procedural errors. The Florida Supreme Court affirmed the convictions and death sentence, fi
• Baker v. United States
  401 F.2d 958· D.C. Cir.· 1968-08-09 ·cited 143×·via Harmless Error Rule
  The court affirmed the conviction, finding no reversible error in the jury selection, severance denials, or joinder of counts.
• Bailey v. United States
  389 F.2d 305· D.C. Cir.· 1967-12-14 ·cited 140×
  The court affirmed the convictions, finding that the discovery of the stolen wallet provided probable cause for the search, and that probable cause for arrest justifies a vehicle search even if the arrest occurs after the search.
• Scipio v. State
  928 So. 2d 1138· Fla.· 2006-02-16 ·cited 139×
  Stephen Scipio was convicted of first-degree murder based partly on testimony from a state investigator who had previously testified in deposition that he observed a gun under the victim's body. The State failed to disclose that the investigator recanted this testimony before tri
• Rhodes v. State
  547 So. 2d 1201· Fla.· 1989-07-06 ·cited 138×
  Richard Wallace Rhodes was convicted of first-degree murder and sentenced to death for the 1984 strangulation of Karen Nieradka in Florida. The Florida Supreme Court affirmed the conviction but remanded for a new sentencing hearing due to multiple errors in the penalty phase, inc
• United States v. Gipson
  553 F.2d 453· 5th Cir.· 1977-06-06 ·cited 138×
  A federal defendant's right to a unanimous jury verdict is violated if the jury is instructed that it can convict based on disagreement as to which of several distinct prohibited acts, falling into different conceptual groupings, the defendant committed.
• Foster v. State
  614 So. 2d 455· Fla.· 1992-10-22 ·cited 136×
  Charles Kenneth Foster appeals his death sentence imposed after resentencing. The Florida Supreme Court affirmed the denial of his postconviction motion for procedural and substantive reasons, but vacated and remanded his death sentence because the trial court's resentencing orde
• Lamb v. Jernigan
  683 F.2d 1332· 11th Cir.· 1982-08-23 ·cited 135×·via Harmless Error Rule
  The court held that while a jury instruction on malice may have unconstitutionally shifted the burden of proof, the error was harmless beyond a reasonable doubt due to overwhelming evidence of guilt.
• Nardone v. State
  798 So. 2d 870· Fla. 4th DCA· 2001-11-07 ·cited 134×
  Anthony Nardone appealed his conviction for aggravated assault with a deadly weapon, challenging the admission of a police officer's opinion testimony about whether an aluminum strip was a deadly weapon and the prosecutor's inflammatory closing argument demonstration. The Fourth
• Esaw v. Esaw
  965 So. 2d 1261· Fla. 2d DCA· 2007-10-05 ·cited 132×
  Mary Alice Esaw appealed a final judgment of dissolution of marriage, challenging the trial court's award of alimony and equitable distribution based on alleged inadequate factual findings and fundamental error regarding the burden of proof on income imputation. The appellate cou
• Gore v. State
  784 So. 2d 418· Fla.· 2001-04-19 ·cited 132×
  On retrial following reversal due to prosecutorial misconduct in the first trial, Marshall Lee Gore was convicted of first-degree murder and armed robbery in the death of Robyn Novick and sentenced to death. The Florida Supreme Court affirmed the convictions and death sentence, r
• United States v. Provenzano
  620 F.2d 985· 3d Cir.· 1980-05-08 ·cited 132×·via Harmless Error Doctrine
  The court affirmed the convictions, holding that there was sufficient evidence to support the RICO charges, that the association constituted a RICO enterprise, and that various alleged trial errors, including the admission of certain testimony and juror misconduct, did not warran
• United States v. Morrison
  535 F.2d 223· 3d Cir.· 1976-04-27 ·cited 132×
  The Assistant United States Attorney's actions in warning a witness did not deny the defendant a fair trial, as the witness was not intimidated and exercised her Fifth Amendment rights appropriately.
• United States v. Wilson
  500 F.2d 715· 5th Cir.· 1974-09-18 ·cited 132×·via Harmless Error Doctrine
  The court affirmed the convictions, finding no merit in the appellants' arguments regarding statutory vagueness, severance, admission of evidence, prosecutorial misconduct, or insufficiency of evidence.
• Rodgers v. State
  948 So. 2d 655· Fla.· 2006-10-26 ·cited 131×
  Theodore Rodgers was convicted of first-degree murder for shooting his wife Teresa Henderson and sentenced to death. The Florida Supreme Court affirmed the conviction and sentence, rejecting challenges to jury selection, hearsay evidence, mental retardation findings, and the cons
• Barnhill v. State
  834 So. 2d 836· Fla.· 2002-10-10 ·cited 131×·via Harmless Error Doctrine
  Arthur Barnhill III was convicted of first-degree murder and sentenced to death for the 1995 killing of 84-year-old Earl Gallipeau during a robbery. The Florida Supreme Court affirmed both the conviction and death sentence, rejecting challenges to jury selection, voir dire proced
• Keen v. State
  775 So. 2d 263· Fla.· 2000-09-28 ·cited 131×
  Michael Scott Keen was convicted of first-degree murder in the death of his wife Anita Lopez Keen and sentenced to death after the trial judge overrode the jury's 7-5 recommendation for life imprisonment. The Florida Supreme Court reversed the conviction and vacated the death sen
• Atkins v. State
  930 So. 2d 678· Fla. 4th DCA· 2006-03-22 ·cited 130×
  Kenneth Atkins appealed his sexual battery conviction, challenging the admission of a taped telephone conversation between the victim and a defense witness (Jamie Doctor). The court reversed, holding that the recording violated Florida's wiretap statute because it was not authori
• Marsden v. Louie Moore
  847 F.2d 1536· 11th Cir.· 1988-06-28 ·cited 130×
  The court held that the district court did not err in denying the habeas corpus petition, as the defendant failed to demonstrate prejudice from pretrial publicity or violations of his constitutional rights regarding identification procedures or compelled physical evidence display
• Odom v. State
  403 So. 2d 936· Fla.· 1981-07-23 ·cited 130×
  Eddie Odom was convicted of first-degree murder and sentenced to death. The Florida Supreme Court affirmed his conviction but vacated the death sentence, finding that the trial court relied on improper and erroneous aggravating circumstances and ordering that he be sentenced to l
• United States v. Antonelli Fireworks Co., Inc.
  155 F.2d 631· 2d Cir.· 1946-05-02 ·cited 130×·via Harmless Error Doctrine
  The dissenting judge argues that the prosecutor's inflammatory remarks, made during wartime and concerning defendants' national origin, constituted reversible error because the case was not "strong" and the trial judge's corrective measures were insufficient.
• Foster v. State
  810 So. 2d 910· Fla.· 2002-02-14 ·cited 129×
  Charles Kenneth Foster, a death row inmate, appealed the trial court's summary denial of his fourth Rule 3.850 postconviction motion and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the trial court's denial of postconviction relief and denied habeas cor
• United States v. Shaw
  701 F.2d 367· 5th Cir.· 1983-03-15 ·cited 129×
  The court held that the warrantless searches of the defendant's vehicle were permissible under the automobile exception and subsequent impoundment, and that the defendant validly waived his right to counsel. The court also found that while a comment on the defendant's post-arrest
• United States v. Long
  574 F.2d 761· 3d Cir.· 1978-03-06 ·cited 129×·via Harmless Error Doctrine
  The admission of evidence of other crimes, even if potentially prejudicial, was not reversible error because the objection was not specific and the evidence of guilt was overwhelming.
• Ogden v. United States
  303 F.2d 724· 9th Cir.· 1962-05-16 ·cited 129×·via Harmless Error Rule
  The court held that the application of 18 U.S.C.A. § 1001 to false statements on a Certificate of Non-affiliation was constitutional and that the defendant's conviction was valid, but remanded for a hearing on Jencks Act issues concerning witness statements.
• Lightbourne v. Dugger
  829 F.2d 1012· 11th Cir.· 1987-09-18 ·cited 128×
  The court held that the informant's actions were attributable to the state and that the informant deliberately elicited incriminating statements, violating the defendant's Sixth Amendment right to counsel.
• United States v. Fountain
  768 F.2d 790· 7th Cir.· 1985-07-08 ·cited 128×
  The court held that the prosecutor's cross-examination into the details of prior convictions violated Federal Rule of Evidence 404(b) by improperly introducing propensity evidence, and that the district court erred in denying a subpoena for defense witnesses, violating the compul
• Harrel Franklin Braddy v. State
  111 So. 3d 810· Fla.· 2012-11-15 ·cited 127×·via Harmless Error Review
  Harrel Franklin Braddy was convicted of first-degree murder, attempted murder, kidnapping, burglary, child neglect, and attempted escape in the 1998 death of five-year-old Quatisha Maycock. The Florida Supreme Court affirmed his death sentence and all convictions after reviewing
• Busby v. State
  894 So. 2d 88· Fla.· 2004-11-04 ·cited 127×·via Harmless Error Standard
  Andrew Busby appeals his conviction for first-degree murder and death sentence. The Florida Supreme Court reversed the conviction and vacated the sentence due to reversible error in the trial court's denial of a challenge for cause against juror Kim Lapan, a former death row corr
• Duest v. State
  855 So. 2d 33· Fla.· 2003-06-26 ·cited 127×
  Duest appeals a death sentence reimposed after the previous death sentence was vacated due to a defective prior conviction aggravator. The Florida Supreme Court affirms the death sentence, holding that the trial court properly instructed the jury on aggravating circumstances, pro
• Rojas v. State
  552 So. 2d 914· Fla.· 1989-11-22 ·cited 127×
  The Florida Supreme Court reversed a second-degree murder conviction because the trial judge failed to include in the manslaughter instruction an explanation that justifiable and excusable homicide are excluded from the crime of manslaughter, despite defining those terms earlier
• United States v. Nolan
  551 F.2d 266· 10th Cir.· 1977-03-22 ·cited 127×·via Harmless Error Doctrine
  The court held that evidence of a prior foreign conviction is admissible to prove intent, knowledge, motive, common plan, or identity, and that the trial court did not abuse its discretion in admitting such evidence or in its jury instructions.
• Taylor v. State
  583 So. 2d 323· Fla.· 1991-06-27 ·cited 126×
  Perry Alexander Taylor was convicted of murder and sexual battery in the death of Geraldine Birch and sentenced to death. The Florida Supreme Court affirmed the conviction but reversed the death sentence and remanded for resentencing because the prosecutor made improper closing a
• Butler v. State
  493 So. 2d 451· Fla.· 1986-09-04 ·cited 126×
  The Florida Supreme Court reversed Butler's convictions for burglary with a firearm and attempted first-degree murder, holding that a jury instruction on justifiable use of force in one's home was improper and harmful when the crime occurred in the victim's home and the victim de
• United States v. Ochs
  595 F.2d 1247· 2d Cir.· 1979-03-13 ·cited 124×·via Harmless Error Doctrine
  The court held that the search of the briefcase was reasonable under the then-prevailing interpretation of the Fourth Amendment, and the evidence found was admissible.
• Hughes v. State
  901 So. 2d 837· Fla.· 2005-04-28 ·cited 123×
  The Florida Supreme Court held that the Apprendi v. New Jersey rule—requiring jury determination of facts that increase a sentence beyond the statutory maximum—does not apply retroactively to convictions that became final before Apprendi was decided. The court applied the Witt re