Harmless Error Analysis

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

• Huffman v. State
  611 So. 2d 2· Fla. 2d DCA· 1992-12-09 ·cited 13×
  David Huffman appeals the summary denial of his motion to correct sentence for armed burglary and sexual battery convictions. The court affirms the denial, finding that although the scoresheet contains technical errors, they are harmless because the sentence falls within guidelin
• United States v. FOX
  941 F.2d 480· 7th Cir.· 1991-08-15 ·cited 13×
  The court held that the district court's failure to explicitly inform the defendant of the possibility of restitution was harmless error, and that his sentence did not violate the Double Jeopardy Clause.
• Jackson v. Dugger
  931 F.2d 712· 11th Cir.· 1991-04-29 ·cited 13×
  The court held that while the district court correctly denied relief on claims related to the convictions, it erred in finding the Hitchcock violation harmless regarding the death sentence.
• Jones v. State OF Ark.
  929 F.2d 375· 8th Cir.· 1991-03-27 ·cited 13×
  Sentencing a defendant under a habitual offender statute that was not in effect at the time of the offense and by its own terms does not apply to the defendant violates the ex post facto clause of the Constitution, denying due process.
• United States v. Evans
  917 F.2d 800· 4th Cir.· 1990-10-26 ·cited 13×
  The failure to ask a single voir dire question about juror bias towards law enforcement testimony does not require reversal if no actual prejudice is shown.
• United States v. Arvil A. Hill
  898 F.2d 72· 7th Cir.· 1990-03-19 ·cited 13×
  The court held that the district court erred by failing to independently determine the constitutionality of the search conducted by state officers in Missouri before admitting evidence from that search. The case is remanded for this determination.
• United States v. Lebron-Gonzalez
  816 F.2d 823· 1st Cir.· 1987-04-24 ·cited 13×
  The court affirmed convictions, holding that the admission of a birth certificate was harmless error, expert testimony was permissible, and jury instructions adequately covered the relevant statutes and legal standards.
• Johnstone v. Kelly
  808 F.2d 214· 2d Cir.· 1986-12-24 ·cited 13×
  Denial of a defendant's Sixth Amendment right to self-representation is not subject to harmless error analysis and requires automatic reversal.
• Brumley v. State
  500 So. 2d 233· Fla. 4th DCA· 1986-12-03 ·cited 13×
  Brumley was convicted by jury of second-degree arson and sentenced to probation. The appellate court reversed and remanded for a new trial because the trial court failed to conduct a proper Richardson inquiry before excluding defense evidence based on a discovery violation, despi
• United States v. Wilmer
  799 F.2d 495· 9th Cir.· 1986-09-05 ·cited 13×
  The court held that federal rules of evidence apply in prosecutions under the Assimilative Crimes Act, and that the admission of the breathalyzer calibration report was harmless error. The court also found sufficient evidence that the defendant was driving.
• United States v. Blanton
  730 F.2d 1425· 11th Cir.· 1984-04-30 ·cited 13×
  A physician knowingly dispensing controlled substances without proper registration can be convicted under 21 U.S.C.A. § 841(a)(1), regardless of whether the drugs were dispensed outside professional practice. Failure to maintain records for dispensed controlled substances also vi
• Hinman v. McCARTHY
  676 F.2d 343· 9th Cir.· 1982-02-16 ·cited 13×
  The court held that the use of federal magistrates to conduct evidentiary hearings and make recommendations in habeas corpus proceedings is constitutional, and that the admission of Hinman's statement, obtained in violation of Miranda, was not harmless error beyond a reasonable d
• Benny Arzola Martinez v. State
  216 So. 3d 734· Fla. 4th DCA· 2017-04-12 ·cited 12×
  The defendant appealed the denial of his second Rule 3.800(a) motion challenging a 30-year sentence for DUI manslaughter, arguing it exceeded both the 15-year statutory maximum and the 22-year lowest permissible sentence under the Criminal Punishment Code. The court affirmed the
• Thompson v. State
  208 So. 3d 1183· Fla. 3d DCA· 2017-01-04 ·cited 12×
  Keith Thompson appealed his probation revocation and fifteen-year sentence after this court previously reversed some grounds for revocation and remanded for resentencing. The court holds that Thompson's constitutional right to be present and have counsel at resentencing was viola
• Holland v. State
  775 F.3d 1294· 11th Cir.· 2014-12-29 ·cited 12×
  Albert Holland was convicted of murdering police officer Scott Winters and sentenced to death. Holland, who suffered serious mental illness including schizophrenia and a prior brain injury, repeatedly requested to represent himself before trial, but the trial court denied these r
• United States v. Troya
  733 F.3d 1125· 11th Cir.· 2013-10-02 ·cited 12×
  Daniel Troya and Ricardo Sanchez, Jr. were convicted of murdering the Escobedo family, including two young children, in connection with a drug trafficking operation and sentenced to death. The Eleventh Circuit affirmed their convictions and sentences, rejecting most appellate cha
• Carter v. State
  115 So. 3d 1031· Fla. 4th DCA· 2013-06-05 ·cited 12×
  Jeffrey Carter was convicted of two counts of aggravated battery for attacking two homeless individuals with a knife. The Fourth District Court of Appeal affirmed the justifiable use of deadly force jury instruction but reversed and remanded for a new trial due to the erroneous a
• Williamson v. State
  123 So. 3d 1060· Fla.· 2013-05-02 ·cited 12×
  Dana Williamson appeals a death sentence for first-degree murder, claiming his trial counsel was ineffective for failing to challenge an expert witness's testimony about witness credibility under the Frye scientific reliability standard. The Florida Supreme Court affirms, finding
• Dixon v. State
  72 So. 3d 171· Fla. 4th DCA· 2011-08-17 ·cited 12×
  Charles Dixon appeals his convictions for armed burglary and grand theft arising from burglaries at his parents' home. The Fourth District Court of Appeal reversed Dixon's convictions, holding that he unequivocally invoked his right to remain silent regarding the home burglaries
• Ingram v. Ingram
  59 So. 3d 147· Fla. 1st DCA· 2011-02-16 ·cited 12×
  In this dissolution of marriage appeal, the Florida First District Court of Appeal reversed the trial court's award of $2,500 in attorneys' fees to the former wife because the court failed to make the specific findings required by law, but affirmed all other aspects of the divorc
• Nicholas v. State
  47 So. 3d 297· Fla. 2d DCA· 2010-07-28 ·cited 12×
  James Nicholas appeals convictions for trafficking in cocaine and conspiracy to traffic in cocaine. The appellate court reversed the trafficking conviction due to insufficient evidence of constructive possession but affirmed the conspiracy conviction and rejected Nicholas's chall
• Echeverria v. State
  33 So. 3d 802· Fla. 1st DCA· 2010-04-26 ·cited 12×
  A defendant's general claims of ineffective assistance of counsel do not sufficiently allege an adversarial relationship requiring a hearing under Sheppard, and any error in failing to hold a hearing is harmless if the allegations are conclusively refuted by the record.
• Green v. State
  27 So. 3d 731· Fla. 2d DCA· 2010-02-10 ·cited 12×
  Jeffrey Green was convicted of first-degree felony murder, armed burglary, and armed robbery in connection with a shooting death during a robbery. The Florida District Court of Appeal, Second District, reversed and remanded for a new trial because the prosecutor improperly commen
• Samuels v. State
  11 So. 3d 413· Fla. 4th DCA· 2009-05-13 ·cited 12×
  Ronald Samuels appeals convictions for attempted murder of his ex-wife and her husband, whom he hired to be killed to avoid child support obligations. Samuels challenges the trial court's denial of a juror challenge for cause, the admission of certain evidence, and the restitutio
• White v. State
  993 So. 2d 611· Fla. 1st DCA· 2008-10-31 ·cited 12×
  Antonio Bernard White was convicted of burglary of an occupied dwelling and grand theft following a jury trial. On appeal, he challenged the trial court's exclusion of testimony regarding his intent and argued the grand theft conviction was unsupported by evidence of the property
• Medellin v. Texas
  554 U.S. 759· U.S.· 2008-08-05 ·cited 12×
• Keyuhn Chambers v. State
  924 So. 2d 975· Fla. 2d DCA· 2006-04-07 ·cited 12×
  Keyuhn Chambers was convicted of armed burglary, aggravated assault, burglary with assault/battery, and robbery arising from his forcible entry into his girlfriend's home. The Florida Second District Court of Appeal reversed and remanded for a new trial due to prosecutorial misco
• Stokes v. State
  914 So. 2d 514· Fla. 4th DCA· 2005-11-23 ·cited 12×
  The court held that the trial court erred in admitting irrelevant and unduly prejudicial evidence of the defendant's gang membership, and this error was not harmless.
• Robbins v. State
  891 So. 2d 1102· Fla. 5th DCA· 2004-12-23 ·cited 12×
  Ronald Robbins was convicted of second-degree murder for shooting Jason Starkey during a street fight. The Florida Fifth District Court of Appeal reversed his conviction, finding that the prosecutor improperly commented on Robbins' post-arrest silence regarding a knife attack, an
• Jarvon Neeley v. State
  883 So. 2d 861· Fla. 1st DCA· 2004-08-31 ·cited 12×
  The court reversed Neeley's conviction because the trial court admitted inadmissible hearsay evidence—a hospital record statement referring to an "arrested assailant"—which was neither relevant to medical treatment nor properly admitted under business records exception. The error
• Gardiner S. Somervell v. State
  883 So. 2d 836· Fla. 5th DCA· 2004-07-30 ·cited 12×
  Gardiner Somervell appeals his conviction for attempted lewd and lascivious conduct with an 8-year-old, arguing that his Sixth Amendment confrontation rights were violated by the admission of hearsay statements from child victims. The court affirms, holding that while one stateme
• Tonny President v. State
  884 So. 2d 126· Fla. 4th DCA· 2004-07-07 ·cited 12×
  Tonny President was convicted by jury of three counts of robbery with a firearm, but the Fourth District Court of Appeal reversed his conviction because the Miranda warnings he received failed to advise him of his right to counsel during interrogation, rendering his taped confess
• Wallace v. State
  860 So. 2d 494· Fla. 4th DCA· 2003-11-19 ·cited 12×
  Michael Wallace was convicted of arson and possession/discharge of a destructive device. The trial court imposed a mandatory 20-year sentence under Florida's 10/20/Life statute based on the jury's finding that Wallace discharged a destructive device. The appellate court reversed
• Pryor v. State
  855 So. 2d 134· Fla. 1st DCA· 2003-08-12 ·cited 12×
  John Pryor was convicted of first-degree murder after a jury trial where the key State witness, Robert Lee Gilbert, falsely testified about his prior criminal convictions. The appellate court reversed the conviction because the trial judge improperly excluded certified copies of
• Florida v. State
  855 So. 2d 109· Fla. 4th DCA· 2003-07-09 ·cited 12×
  The court held that dual convictions for aggravated battery and attempted murder arising from the same act violate double jeopardy, and that attempted aggravated battery of a law enforcement officer is a nonexistent offense under Florida law.
• Dania Antwan Covington v. State
  842 So. 2d 170· Fla. 3d DCA· 2003-03-05 ·cited 12×
  Dania Antwan Covington was convicted of possession of a firearm by a convicted felon. On appeal, he challenged the prosecutor's closing arguments for improperly stating the burden of proof by framing the case as turning on whether the jury believed the arresting officer or a defe
• Cherry v. Moore
  829 So. 2d 873· Fla.· 2002-10-03 ·cited 12×
  Roger Lee Cherry, convicted of two 1986 murders and sentenced to death for one victim, petitions for a writ of habeas corpus attacking his appellate counsel's effectiveness. The Florida Supreme Court denies the petition, finding his claims either procedurally barred as previously
• Boyer v. State
  825 So. 2d 418· Fla. 1st DCA· 2002-05-09 ·cited 12×
  The trial court reversibly erred by excluding expert testimony on false confessions, as it was relevant to the defense that the appellant's confession was false.
• Jackson v. State
  807 So. 2d 684· Fla. 2d DCA· 2001-12-21 ·cited 12×
  The court held that while one probation violation (failure to register) should be stricken, the revocation order and sentence are affirmed because the State proved two other violations by a preponderance of the evidence.
• Daughtry v. State
  804 So. 2d 426· Fla. 4th DCA· 2001-10-17 ·cited 12×
  Phillip Daughtry was convicted of aggravated battery, burglary, and resisting without violence after forcing entry into his former girlfriend's apartment and assaulting her. The Fourth District Court of Appeal affirmed, holding that although the trial court erred in instructing t
• Walker v. State
  771 So. 2d 573· Fla. 1st DCA· 2000-10-31 ·cited 12×
  The court held that inculpatory statements made by the appellant were involuntary because they were induced by a promise of immunity from arrest, and therefore the trial court erred in denying the motion to suppress.
• Seagrave v. State
  768 So. 2d 1121· Fla. 1st DCA· 2000-08-16 ·cited 12×
  The court affirmed the conviction, finding the erroneous admission of testimony harmless and adopting reasoning that fondling buttocks qualifies as sexual contact for sentencing guidelines.
• McCRAY v. State
  760 So. 2d 988· Fla. 2d DCA· 2000-06-09 ·cited 12×
  Robert McCray appeals his conviction for burglary and petit theft, arguing the trial court erroneously admitted a letter in which he offered to plead guilty in exchange for a furlough to visit his dying mother. The appellate court reversed, holding that plea offers are inadmissib
• Lambert v. State
  728 So. 2d 1189· Fla. 2d DCA· 1999-03-05 ·cited 12×
  The trial court's refusal to give a requested jury instruction on guilty knowledge, when lack of such knowledge was the principal defense, was not harmless error.
• Lebron v. State
  724 So. 2d 1208· Fla. 5th DCA· 1998-12-04 ·cited 12×
  A jury convicted Jermaine Lebrón of attempted murder, robbery, and kidnapping. The trial court denied his motion for a new trial based on juror misconduct, but the appellate court reversed, finding that the jury foreperson's failure to disclose that he suspected Lebrón had murder
• Mobley v. State
  705 So. 2d 609· Fla. 4th DCA· 1997-12-24 ·cited 12×
  The court held that the trial court's failure to conduct an adequate Richardson hearing after the state's late disclosure of an eyewitness prejudiced the defendant, requiring reversal.
• Scurry v. State
  701 So. 2d 587· Fla. 2d DCA· 1997-10-15 ·cited 12×
  William Scurry appealed his sexual battery conviction, challenging the trial court's prohibition on testifying about the nature of his prior felony conviction. The court reversed and remanded for a new trial, finding the exclusion of such testimony was erroneous and the error was
• Gonzalez v. State
  700 So. 2d 1217· Fla.· 1997-09-18 ·cited 12×
  Ricardo Gonzalez was convicted of first-degree murder of a police officer during a bank robbery and sentenced to death. The Florida Supreme Court affirmed his convictions but vacated his death sentence, finding that the trial court erroneously admitted codefendants' confessions t
• Cleveland Clinic Fla. v. Wilson
  685 So. 2d 15· Fla. 4th DCA· 1996-11-13 ·cited 12×
  Cleveland Clinic Florida appeals a jury verdict, arguing that opposing counsel made an improper golden rule argument to the jury warranting a new trial. The Fourth District Court of Appeal recedes from prior precedent that treated golden rule arguments as per se reversible error,
• Farrell v. State
  682 So. 2d 204· Fla. 5th DCA· 1996-10-25 ·cited 12×
  The court held that the admission of testimony regarding the defendant's prior imprisonment for child molestation was unduly prejudicial and constituted reversible error.