Harmless Error Analysis

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

• Hill v. Moore
  175 F.3d 915· 11th Cir.· 1999-05-14 ·cited 15×
  Clarence Edward Hill, a Florida death row inmate, challenged his murder conviction and death sentence through federal habeas corpus, raising claims of ineffective assistance of counsel, trial court errors in considering mitigating evidence, and prosecutorial misconduct. The Eleve
• Goodwin v. State
  721 So. 2d 728· Fla. 4th DCA· 1998-04-08 ·cited 15×
  David Goodwin appealed his cocaine delivery conviction, arguing that a trial officer's comment about the Street Crime Unit targeting street-level drug dealers was unduly prejudicial. The Fourth District affirmed the conviction, finding the single comment was not reversible error
• Sager v. State
  699 So. 2d 619· Fla.· 1997-06-26 ·cited 15×
  Robert John Sager was convicted of first-degree murder and sentenced to death for killing Audrey Steven Bostic during a robbery while intoxicated. The Florida Supreme Court affirmed the conviction but vacated the death sentence, finding it disproportionate under Florida's proport
• Ganyard v. State
  686 So. 2d 1361· Fla. 1st DCA· 1996-12-30 ·cited 15×
  In this direct criminal appeal, the Florida District Court of Appeal affirmed Ganyard's conviction despite finding that he was improperly absent during jury challenges in violation of Coney v. State. The court concluded the error was harmless because only the prosecution exercise
• Smith v. State
  681 So. 2d 894· Fla. 4th DCA· 1996-10-23 ·cited 15×
  The court held that the trooper's testimony commenting on the defendant's refusal to take a breath test after being read Miranda warnings constituted an improper comment on the right to remain silent, and this error was not harmless.
• State v. McArthur Breedlove
  655 So. 2d 74· Fla.· 1995-04-06 ·cited 15×
  The Florida Supreme Court reversed an order vacating Breedlove's death sentence, holding that although the jury instruction on the heinous, atrocious, or cruel aggravator was unconstitutional under Espinosa v. Florida, the error was harmless because the evidence overwhelmingly es
• Maldonado v. State
  634 So. 2d 661· Fla. 5th DCA· 1994-02-18 ·cited 15×
  The court held that the trial court committed fundamental error by absenting itself when the jury requested to hear testimony, and this error is not subject to harmless error analysis.
• United States v. Custis
  988 F.2d 1355· 4th Cir.· 1993-03-22 ·cited 15×
  The court held that newly discovered impeachment evidence, without more, does not warrant a new trial, and that challenges to the constitutional validity of prior convictions, other than Gideon violations, are generally not reviewable at a federal sentencing hearing.
• Collazo v. Estelle
  940 F.2d 411· 9th Cir.· 1991-07-18 ·cited 15×
  The court held that the state court's denial of the writ should be affirmed, finding that the defendant initiated contact with officers and was not coerced into waiving his right to counsel.
• Hanrahan
  933 F.2d 1328· 7th Cir.· 1991-05-29 ·cited 15×
  The court held that the admission of Michael Hanrahan's statements was not harmless error for the conspiracy and aggravated kidnapping convictions, but was harmless for the murder conviction.
• United States v. Huch
  924 F.2d 679· 7th Cir.· 1991-02-05 ·cited 15×
  The court held that the jury instructions used at trial violated due process by potentially misleading the jury into convicting the defendant of murder even if mitigating circumstances for voluntary manslaughter were present.
• United States v. Wolf
  879 F.2d 1320· 6th Cir.· 1989-07-12 ·cited 15×
  The court's majority opinion, by proceeding to judgment without further fact-finding, has significantly expanded the rule of Arizona v. Roberson beyond its factual basis.
• Strenten Vujosevic v. Rafferty
  844 F.2d 1023· 3d Cir.· 1988-04-18 ·cited 15×
  The court held that the trial court's refusal to instruct the jury on the lesser included offense of aggravated assault was prejudicial constitutional error, and that the defendant's confession was obtained in violation of his right to remain silent.
• Ford v. State
  522 So. 2d 345· Fla.· 1988-02-18 ·cited 15×
  The application of the California Arbitration Act's provision allowing a court to stay arbitration pending resolution of related litigation is not pre-empted by the Federal Arbitration Act when parties have agreed that their arbitration agreement will be governed by California la
• Starr v. State
  518 So. 2d 1389· Fla. 4th DCA· 1988-02-03 ·cited 15×
  Allan Starr was convicted of cocaine trafficking after police found cocaine in a magazine he carried into an apartment during a search warrant execution. The Fourth District Court of Appeal reversed his conviction, finding reversible error in the prosecutor's comments on Starr's
• Mikenas v. Dugger
  519 So. 2d 601· Fla.· 1988-01-21 ·cited 15×
  The court held that a sentencing error occurred because the jury instructions and the trial judge's consideration of aggravating and mitigating circumstances were based on the rationale found erroneous in Hitchcock v. Dugger.
• United States v. Kroesser
  731 F.2d 1509· 11th Cir.· 1984-05-11 ·cited 15×
• United States v. Cummiskey
  728 F.2d 200· 3d Cir.· 1984-02-22 ·cited 15×
  The court held that the prosecutor bears the burden to establish that Miranda warnings were not given before commenting on a testifying defendant's post-arrest silence for impeachment purposes. The court also held that the indictment sufficiently charged offenses under the Victim
• Ashe v. State OF N.C.
  586 F.2d 334· 4th Cir.· 1978-11-17 ·cited 15×
  The court held that the affirmative denial of a defendant's request to speak at sentencing constitutes a denial of due process, requiring a remand for an evidentiary hearing.
• Jones v. State
  305 So. 2d 827· Fla. 4th DCA· 1975-01-10 ·cited 15×
  James Daniel Jones was convicted of robbery by jury and sentenced to 25 years. The Fourth District Court of Appeal reversed and remanded for a new trial, holding that the prosecutor improperly cross-examined the defendant about specific prior crimes (escape and armed robbery), wh
• Guardado v. Jones
  226 So. 3d 213· Fla.· 2017-05-11 ·cited 14×
  Jesse Guardado petitioned for habeas corpus relief on the grounds that his death sentence violated the Sixth Amendment under Hurst v. Florida. The Florida Supreme Court agreed that Hurst applied but found the error harmless beyond a reasonable doubt because the jury unanimously r
• Bradley v. State
  214 So. 3d 648· Fla.· 2017-03-30 ·cited 14×
  Brandon Lee Bradley was convicted of first-degree murder, robbery, fleeing and eluding, and resisting arrest with violence for shooting and killing Deputy Barbara Pill during a traffic stop. The Florida Supreme Court affirmed all convictions but vacated the death sentence and rem
• Royce Goldsmith v. State
  182 So. 3d 824· Fla. 4th DCA· 2016-01-06 ·cited 14×
  Royce Goldsmith appeals his convictions for robbery, assault, and firearm possession, and the revocation of his probation. The court affirmed his robbery and assault convictions and probation revocation, but reversed his firearm possession conviction due to a discovery violation
• Jenkins v. State
  189 So. 3d 866· Fla. 4th DCA· 2015-12-16 ·cited 14×
  Ernest Jenkins appealed his conviction for failure to re-register as a sexual predator, arguing the trial court erred in excluding testimony about a stockade employee's statement that he could not register due to an outstanding warrant. The Fourth District Court of Appeal reverse
• Oyola v. State
  158 So. 3d 504· Fla.· 2015-02-19 ·cited 14×
  The Florida Supreme Court reversed Miguel Oyola's death sentence for first-degree murder because the trial court's sentencing order impermissibly relied on a nonstatutory aggravating factor and improperly denigrated mental health mitigation evidence. This was the second reversal
• Horwitz v. State
  189 So. 3d 800· Fla. 4th DCA· 2015-02-18 ·cited 14×
  Donna Horwitz was convicted of first-degree murder in the shooting death of her former husband. The Fourth District Court of Appeal reversed her conviction, holding that the trial court erred in admitting evidence of her pre-arrest, pre-Miranda silence where she did not testify a
• Jonavon D. Gaines v. State
  155 So. 3d 1264· Fla. 4th DCA· 2015-02-11 ·cited 14×
  Jonavon Gaines was convicted of robbery with a firearm after police stopped his van based on a BOLO description. The Fourth District Court of Appeal reversed and remanded for a new trial, finding the police lacked reasonable suspicion for the stop and the trial court erred in adm
• LEE v. State
  130 So. 3d 707· Fla. 2d DCA· 2013-11-27 ·cited 14×
  Charles Lee appeals his resentencing for attempted first-degree murder committed at age 15, challenging a 40-year sentence with a 25-year mandatory minimum imposed after Graham v. Florida. The court affirms, holding that the sentence is constitutional and that the jury verdict, t
• Kaczmar v. State
  104 So. 3d 990· Fla.· 2012-10-04 ·cited 14×
  Leo Kaczmar was convicted of first-degree murder, attempted sexual battery, and arson in the death of Maria Ruiz, whom he stabbed approximately 93 times and whose body he burned in an attempt to hide the crime. The Florida Supreme Court affirmed the murder and arson convictions b
• Tajhon Roderick Wilson v. State
  76 So. 3d 1085· Fla. 2d DCA· 2011-12-28 ·cited 14×
  Tajhon Wilson appeals his robbery conviction, arguing the trial court erred by failing to renew an offer of counsel at the start of trial after he had previously elected to represent himself pro se. The appellate court reversed, holding that the trial court's failure to conduct a
• Rollin Monestime v. State
  41 So. 3d 1110· Fla. 3d DCA· 2010-08-18 ·cited 14×
  Rollin Monestime appeals his convictions for cocaine trafficking and money laundering, challenging the admission of a photograph of a gun discovered with the contraband and arguing he lacked the knowledge requirement for money laundering. The Third District Court of Appeal affirm
• Fike v. State
  4 So. 3d 734· Fla. 5th DCA· 2009-02-27 ·cited 14×
  Kyle Fike was convicted of sexual battery and lewd molestation of his 11-year-old daughter based primarily on her testimony. The Florida appellate court reversed and remanded for a new trial, finding that the trial court erroneously admitted prior bad acts evidence (testimony fro
• Telfort v. State
  978 So. 2d 225· Fla. 4th DCA· 2008-04-02 ·cited 14×
  Gerald Telfort was convicted of burglary based on fingerprint evidence and a confession. The Fourth District Court of Appeal reversed, finding two errors: the trial court improperly allowed a fingerprint examiner to testify about consultations with other examiners in bolstering h
• Jimenez v. State
  994 So. 2d 1141· Fla. 3d DCA· 2008-02-13 ·cited 14×
  Luis Jimenez was convicted of second-degree murder after a trial in which the jury was not instructed on excusable homicide, despite being instructed on manslaughter and justifiable homicide. The Third District reversed and remanded for a new trial, holding that the omission of t
• Miele v. State
  875 So. 2d 812· Fla. 2d DCA· 2004-07-02 ·cited 14×
  The court held that the State impermissibly commented on the defendant's failure to present evidence to refute an element of the charged crime, requiring reversal.
• In re Commitment James Williams. James Williams v. State
  841 So. 2d 531· Fla. 2d DCA· 2003-02-28 ·cited 14×
  James Williams appealed a civil commitment order entered under Florida's Jimmy Ryce Act, raising six constitutional and evidentiary issues. The court affirmed the commitment order, rejecting challenges based on substantive due process, scientific evidence admissibility under the
• Bonine v. State
  811 So. 2d 863· Fla. 5th DCA· 2002-03-28 ·cited 14×
  Bonine was convicted of DUI/manslaughter after striking and killing a motorcyclist. The trial court erred by instructing the jury on a legally inadequate statutory presumption of impairment under section 316.1934, and the appellate court held this legal error required reversal de
• Arnold v. State
  807 So. 2d 136· Fla. 4th DCA· 2002-01-30 ·cited 14×
  Dennis Arnold appeals his burglary conviction, challenging the trial court's admission of DNA evidence without a proper Frye hearing to determine whether the PCR testing method and population data met the standard for admissibility of novel scientific evidence. The appellate cour
• Damien Harvey Cooper v. State
  778 So. 2d 542· Fla. 3d DCA· 2001-03-14 ·cited 14×
  Damien Cooper was convicted of first-degree murder and sentenced to life without parole. The Third District Court of Appeal reversed and remanded for a new trial, finding that the trial court erred in admitting evidence that Cooper possessed A-merc ammunition nine months after th
• Lawrence v. State
  766 So. 2d 250· Fla. 4th DCA· 2000-02-09 ·cited 14×
  Larry Lawrence was convicted of purchasing cocaine based on testimony from undercover officers, but the Florida Fourth District Court of Appeal reversed because the trial court improperly admitted evidence about generalized patterns of drug dealer behavior unrelated to Lawrence's
• Prescott v. State
  698 So. 2d 602· Fla. 4th DCA· 1997-08-13 ·cited 14×
  Billy Prescott appealed the denial of his motion to correct an illegal sentence, challenging both a sentencing guidelines scoresheet error and his overall sentence length. The Fourth District Court of Appeal reversed in part regarding the scoresheet error but affirmed the denial
• Ferguson v. State
  697 So. 2d 979· Fla. 4th DCA· 1997-08-06 ·cited 14×
  Evidence of cash found on a defendant at the time of arrest is not relevant to prove the crime of simple possession of drugs.
• Matthews v. State
  687 So. 2d 908· Fla. 4th DCA· 1997-01-29 ·cited 14×
  Gary Matthews appeals his convictions for sexual battery and false imprisonment, arguing he was unconstitutionally excluded from two bench conferences during jury selection. The Florida Fourth District Court of Appeal reversed, holding that a defendant has a right to be physicall
• Chatman v. State
  687 So. 2d 860· Fla. 1st DCA· 1997-01-16 ·cited 14×
  The court held that it was reversible error to prevent the defendant from cross-examining a state witness about alleged law enforcement inducements to implicate the defendant, as this testimony was not hearsay and was relevant to the witness's bias and motive.
• Annemarie Weise and Edward Weise v. Repa Film Int'l, Inc.
  683 So. 2d 1128· Fla. 4th DCA· 1996-12-11 ·cited 14×
  Plaintiffs appealed an adverse jury verdict in a negligence case, arguing that defense counsel's improper closing argument warranted a new trial. The court affirmed, holding that the error was not preserved for appeal because plaintiffs did not move for mistrial after their objec
• Batista v. State
  685 So. 2d 20· Fla. 3d DCA· 1996-11-20 ·cited 14×
  Ricardo Batista appeals his conviction for burglary with assault or battery, challenging the prosecutor's closing argument as a comment on silence, the sufficiency of habitual offender findings, and claiming vindictive sentencing. The court affirms the conviction and sentence, fi
• Moultrie v. State
  679 So. 2d 25· Fla. 4th DCA· 1996-08-14 ·cited 14×
  Victor Moultrie appealed his conviction for aggravated assault and resisting an officer, claiming the trial court failed to conduct a proper inquiry under Nelson v. State before denying his motion to discharge appointed counsel. The appellate court affirmed, holding that the boil
• Martinez v. State
  655 So. 2d 166· Fla. 3d DCA· 1995-05-10 ·cited 14×
  Martinez appealed his convictions for armed cocaine trafficking and related firearm offenses, raising claims of ineffective assistance of trial counsel and appellate counsel. The court affirmed most of the trial court's denial of Martinez's post-conviction motion but reversed and
• Warfield Raymond Wike, Jr. v. State
  648 So. 2d 683· Fla.· 1994-11-23 ·cited 14×
  Warfield Wike appeals his death sentence imposed after resentencing, challenging the trial judge's denial of his right to present final closing argument in the penalty phase. The Florida Supreme Court holds that Rule 3.780(c) mandates that a defendant in a capital case always has
• Lages v. State
  640 So. 2d 151· Fla. 2d DCA· 1994-07-29 ·cited 14×
  Anthony Lages appealed his convictions for capital sexual battery, lewd acts, and possession of child sexual abuse material, challenging the admission of his confession, hearsay testimony, and jury instructions regarding jury nullification and lesser included offenses. The Florid