Harmless Error Analysis

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

• Reed v. State
  496 So. 2d 213· Fla. 1st DCA· 1986-10-21 ·cited 12×
  The court held that the trial judge erred in permitting the State to inquire into the jury panel's attitude concerning the death penalty, as the State conceded mid-trial that the death penalty was not available.
• United States v. Robinson
  794 F.2d 1132· 6th Cir.· 1986-07-09 ·cited 12×
  The dissenting judge believes the prosecutor's statements did not undermine the fundamental fairness of the trial or contribute to a miscarriage of justice.
• United States v. Pendegraph
  791 F.2d 1462· 11th Cir.· 1986-06-23 ·cited 12×
  The admission of a redacted co-defendant's statement was a Bruton violation for armed bank robbery, but harmless error for simple bank robbery, as there was other evidence of guilt for the lesser offense.
• Phelps v. Duckworth
  757 F.2d 811· 7th Cir.· 1985-02-27 ·cited 12×
  The court held that the state failed to establish that the prosecutor's error was harmless beyond a reasonable doubt.
• Morrison v. Irwin I. Kimmelman
  752 F.2d 918· 3d Cir.· 1985-01-18 ·cited 12×
  The court held that Stone v. Powell does not bar federal habeas corpus review of a Sixth Amendment claim of ineffective assistance of counsel, even if the claim is based on counsel's failure to raise a Fourth Amendment issue.
• Carter v. State
  469 So. 2d 775· Fla. 1st DCA· 1984-12-06 ·cited 12×
  Carter was convicted of throwing a deadly missile at a building in violation of Florida Statute § 790.19. The appellate court affirmed, holding that the exact identity of the object need not be proved if evidence establishes its nature and capability to cause death or great bodil
• United States v. Jewell Dean Pickett (83-5252)
  746 F.2d 1129· 6th Cir.· 1984-10-09 ·cited 12×
  The court held that the admission of a redacted confession that still allowed the jury to infer the identity of a codefendant violated the Bruton rule, and this error was not harmless as to that codefendant. Other alleged errors were found to be without merit.
• United States v. Eiland
  741 F.2d 738· 5th Cir.· 1984-09-04 ·cited 12×
  The court held that the trial judge's refusal to instruct the jury that they could not draw adverse inferences from the defendant's failure to testify constituted a constitutional error that was not harmless.
• United States v. Armen B. Condo
  741 F.2d 238· 9th Cir.· 1984-07-05 ·cited 12×
  The court held that the defendant's convictions for mail fraud and tax violations were valid, rejecting his various frivolous legal theories and affirming the trial court's decisions.
• United States v. Foley
  735 F.2d 45· 2d Cir.· 1984-05-23 ·cited 12×
  The court held that statements obtained in violation of Miranda rights, even when counsel requested no questioning, are admissible on cross-examination under Harris v. New York.
• Barber v. Scully
  731 F.2d 1073· 2d Cir.· 1984-04-04 ·cited 12×
  The court affirmed the denial of the habeas corpus petition, finding no merit to the speedy trial claim and that any error in admitting state of mind testimony was harmless.
• Price v. King
  714 F.2d 585· 5th Cir.· 1983-09-16 ·cited 12×
  The Supreme Court's Doyle rule, prohibiting impeachment by post-Miranda silence, applies to cases on direct review when Doyle was decided.
• Carter v. Musa Tony Rukab & S.C. Ins. Co.
  437 So. 2d 761· Fla. 1st DCA· 1983-09-12 ·cited 12×
  The Carters appealed a jury verdict denying them recovery in a personal injury suit arising from a car accident. The trial court admitted evidence of Mrs. Carter's traffic citation and guilty plea to running a red light, which the appellate court held was reversible error because
• Keller v. State
  432 So. 2d 672· Fla. 5th DCA· 1983-06-02 ·cited 12×
  Frederick Keller appeals his resentencing from a two-year prison term plus community control (under the Youthful Offender Act) to four years imprisonment after discovering he was ineligible for the youthful offender program. The appellate court affirmed the judgment but reversed
• United States v. Moore
  682 F.2d 853· 9th Cir.· 1982-07-30 ·cited 12×
  The court held that while the trial judge erred in accepting a co-defendant's blanket Fifth Amendment refusal to testify without further inquiry, the error was harmless beyond a reasonable doubt given the clear evidence of the appellant's guilt.
• Turner v. State
  414 So. 2d 1161· Fla. 3d DCA· 1982-06-08 ·cited 12×
  Willie Turner was convicted of manslaughter after being charged with second-degree murder. The Florida appellate court reversed the conviction on two independent grounds: the trial court's failure to reinstruct the jury on excusable and justifiable homicide when clarifying mansla
• Dante Dino, Jr. v. State
  405 So. 2d 213· Fla. 3d DCA· 1981-10-13 ·cited 12×
  Defendant Dino was convicted of first-degree murder for shooting a young boy at his home. Dino challenged his conviction arguing insufficient evidence of premeditation and seeking to suppress his pretrial statement to police. The appellate court affirmed the conviction, finding t
• United States v. Eckmann
  656 F.2d 308· 8th Cir.· 1981-08-10 ·cited 12×
  The court held that the trial court erred by refusing to give a requested limiting instruction under Federal Rule of Evidence 105 when admitting evidence of third-party transactions that was not relevant to the defendant.
• United States v. Smith
  638 F.2d 131· 9th Cir.· 1981-03-02 ·cited 12×
  The court held that the exclusion of expert psychiatric testimony regarding the defendant's mental condition affecting the weight of his confession was error, but this error was harmless due to overwhelming evidence of guilt.
• United States v. Williams
  635 F.2d 744· 8th Cir.· 1980-12-29 ·cited 12×
  The court held that the failure to admonish the jury not to discuss the case when permitted to separate overnight constitutes reversible error, requiring a new trial.
• United States v. Allston
  613 F.2d 609· 5th Cir.· 1980-03-14 ·cited 12×
  The court held that the prosecutor's cross-examination and closing argument regarding the appellant's post-arrest silence were permissible, either because the appellant 'opened the door' or because the comments did not constitute plain error.
• United States v. Bourg
  598 F.2d 445· 5th Cir.· 1979-07-09 ·cited 12×
  The court held that while evidence was sufficient to convict some appellants, prosecutorial misconduct required reversal and remand for a new trial for most, and outright reversal for one due to insufficient evidence.
• United States v. Tempesta
  587 F.2d 931· 8th Cir.· 1978-12-05 ·cited 12×
  The court held that the defendant's conviction for filing false tax returns was supported by sufficient evidence and that various trial and post-trial rulings, including those concerning preindictment delay, admissibility of evidence, and jury instructions, did not constitute rev
• Houston v. State
  360 So. 2d 468· Fla. 3d DCA· 1978-07-11 ·cited 12×
  Nathaniel Houston was convicted of robbery and unlawful possession of a firearm. The Florida District Court of Appeal reversed the conviction, holding that the trial court committed reversible error by admitting police mugshots into evidence, which violated the defendant's right
• United States v. Shapiro
  565 F.2d 479· 7th Cir.· 1977-11-15 ·cited 12×
  The court held that the district court did not abuse its discretion in admitting evidence of prior convictions for impeachment purposes under Federal Rule of Evidence 609(b).
• Abruzzo v. The United States
  513 F.2d 608· Ct. Cl.· 1975-04-16 ·cited 12×
  The court affirmed the trial judge's opinion, granting the plaintiff recovery for per diem but denying other claims related to promotion, transfer, and back pay.
• Pierce v. Smith
  301 So. 2d 805· Fla. 2d DCA· 1974-09-27 ·cited 12×
  In this medical malpractice appeal, the court found the evidence sufficient to support a jury verdict against a doctor for complications from a vasectomy, but reversed and remanded for a new trial due to prejudicial closing arguments by plaintiff's counsel that improperly referen
• United States v. Taylor
  498 F.2d 390· 6th Cir.· 1974-06-05 ·cited 12×
  The court held that the failure to obtain the defendant's personal assent to proceed with an 11-person jury, either orally or in writing, requires reversal.
• United States v. Jaqua
  485 F.2d 193· 5th Cir.· 1973-10-30 ·cited 12×
  The court held that the admission of evidence of prior criminal activities and inflammatory remarks by the prosecution constituted prejudicial error.
• United States v. Cafaro
  455 F.2d 323· 2d Cir.· 1972-02-02 ·cited 12×
  The court held that the admission of certain hearsay declarations by a co-conspirator, even after charges against the declarant were dismissed, was permissible if independent evidence established the conspiracy. The court also found sufficient evidence to support the convictions.
• Futch v. Josey
  247 So. 2d 491· Fla. 2d DCA· 1971-05-07 ·cited 12×
  In this personal injury negligence case, the Florida District Court of Appeal reversed and remanded because the trial court admitted into evidence the insurance policy limits of defendant Security Insurance Company, which was reversible error under established precedent prohibiti
• Collins v. State
  230 So. 2d 711· Fla. 4th DCA· 1970-01-26 ·cited 12×
  Robert Collins sought delayed appellate review of his 1964 first-degree murder conviction after his court-appointed counsel failed to timely file a direct appeal. The court treated his petition as an original habeas corpus petition and affirmed the conviction, finding that any co
• Mole v. United States
  315 F.2d 156· 5th Cir.· 1963-03-29 ·cited 12×
  The court held that the admission of inadmissible photographic reproductions of foreign military uniforms, which significantly strengthened the government's case, constituted prejudicial error requiring a new trial.
• Price v. United States
  200 F.2d 652· 5th Cir.· 1953-01-06 ·cited 12×
  The court held that an erroneous jury instruction misplacing the burden of proof on a material issue requires reversal and remand for a new trial.
• Clinton v. State
  143 Fla. 356· Fla.· 1940-06-11 ·cited 12×
  William Clinton was charged with possessing unlabeled alcoholic beverages and alleged to be a repeat offender based on a prior guilty plea and adjudication. The Florida Supreme Court reversed his conviction, holding that the trial court erred by instructing the jury that identica
• Gaskin v. State of Fla. & Louis B. Gaskin v. Ricky D. Dixon
  361 So. 3d 300· Fla.· 2023-04-06 ·cited 11×
  Louis B. Gaskin, a death row inmate under an active death warrant, appealed the circuit court's summary denial of his third successive motion for postconviction relief and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the denial of all relief, finding
• Thorne v. State
  271 So. 3d 177· Fla. 1st DCA· 2019-05-13 ·cited 11×
  The trial court erred in excluding evidence that the victim had reported three other men as sexual assailants in a November 2013 interview but did not name the defendant, as this evidence was not barred by the Rape Shield statute (which applies only to consensual sexual activity)
• United States v. Mosquera
  886 F.3d 1032· 11th Cir.· 2018-03-30 ·cited 11×
  Four crew members of the Hope II, a cargo ship carrying approximately 1,500 kilograms of cocaine in a hidden compartment, were convicted of conspiracy to possess cocaine with intent to distribute and possession with intent to distribute while aboard a vessel subject to U.S. juris
• Dane Patrick Abdool v. State
  220 So. 3d 1106· Fla.· 2017-04-06 ·cited 11×
  Dane Patrick Abdool appeals the denial of his motion to vacate his first-degree murder conviction and death sentence. The Florida Supreme Court affirms the conviction and denial of postconviction guilt-phase claims but vacates the death sentence and remands for a new penalty phas
• Minor Platt, Jr. v. State
  201 So. 3d 775· Fla. 4th DCA· 2016-09-28 ·cited 11×
  Minor Platt, Jr., was convicted of sexual battery of a child while in a position of familial or custodial authority. The Florida District Court of Appeal reversed his conviction, holding that the trial court committed reversible error by failing to make specific factual findings
• United States v. Rutgerson
  822 F.3d 1223· 11th Cir.· 2016-05-12 ·cited 11×
  Richard Rutgerson was convicted of attempting to persuade, induce, entice, or coerce a minor into engaging in prostitution under 18 U.S.C. § 2422(b) after he responded to an online advertisement, engaged in negotiations with an undercover detective posing as a 15-year-old prostit
• Santana v. State
  191 So. 3d 946· Fla. 4th DCA· 2016-05-11 ·cited 11×
  The court held that the trial court abused its discretion by admitting audio recordings without proper foundation, and because the appellant is deceased, the charge must be dismissed.
• Carlisle v. State
  137 So. 3d 479· Fla. 4th DCA· 2014-03-26 ·cited 11×
  Christopher Carlisle was convicted of sexual battery on a child based primarily on the victim's testimony and controlled phone calls. The Fourth District reversed because the trial court improperly excluded evidence that the victim had previously recanted similar allegations agai
• Desmond Gilbert v. State
  104 So. 3d 1123· Fla. 4th DCA· 2012-11-21 ·cited 11×
  The court held that the trial court erred in denying the motion to suppress because detectives interrogated the appellant after he invoked his right to counsel.
• E.M. v. State
  61 So. 3d 1255· Fla. 3d DCA· 2011-05-25 ·cited 11×
  E.M., a juvenile, was adjudicated delinquent for possession of marijuana based on a police officer's observation of a marijuana cigarette falling from his hand. The Florida District Court of Appeal reversed because the trial court admitted improper evidence characterizing the arr
• Metz v. State
  59 So. 3d 1225· Fla. 4th DCA· 2011-05-11 ·cited 11×
  The trial court erred by excluding an exculpatory portion of the defendant's statement under the rule of completeness, which prevented the jury from hearing a statement that could have explained his possession of recently stolen property.
• Quick v. State
  46 So. 3d 1159· Fla. 4th DCA· 2010-11-03 ·cited 11×
  The trial court erred in denying a jury instruction on the affirmative defense of lack of knowledge of the illicit nature of a controlled substance when the defendant testified he did not know the substance in the pipe was cocaine.
• Womack v. State
  42 So. 3d 878· Fla. 4th DCA· 2010-08-18 ·cited 11×
  James Womack appealed his conviction on four counts of robbery and one count of attempted robbery, challenging the trial court's denial of his mistrial motion and the admission of a partial custodial statement. The Florida Fourth District Court of Appeal affirmed the conviction,
• Hogan v. Gray Gable
  30 So. 3d 573· Fla. 1st DCA· 2010-02-18 ·cited 11×
  A surgeon injured at a fundraiser sued the owner of a dunking booth for negligence after the jury found no liability. The appellate court reversed and remanded for a new trial, holding that the trial court abused its discretion in admitting evidence of the absence of prior simila
• Sirron J. Johnson v. State
  18 So. 3d 697· Fla. 1st DCA· 2009-09-30 ·cited 11×