Harmless Error Analysis

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

• S.A. v. Dep't of Child. & Fam. Servs.
  961 So. 2d 1066· Fla. 3d DCA· 2007-07-25 ·cited 11×
  S.A. appeals from a trial court's order adjudicating her two children dependent. The appellate court affirms, finding that although the trial court committed procedural errors in allowing testimony by telephone without all parties' consent and in calling an unlisted expert witnes
• J.C. v. Dep't of Child. & Families
  959 So. 2d 431· Fla. 4th DCA· 2007-06-27 ·cited 11×
  Florida appellate court affirmed termination of parental rights on two statutory grounds but reversed the abandonment finding because it was not pleaded in the petition.
• Jewel Grier v. State
  934 So. 2d 652· Fla. 4th DCA· 2006-08-02 ·cited 11×
  The court held that a police officer's comment on the defendant's request for an attorney after waiving Miranda rights constitutes an impermissible comment on the defendant's right to remain silent, warranting reversal.
• Bryant v. State
  932 So. 2d 408· Fla. 2d DCA· 2006-04-21 ·cited 11×
  Larry Wayne Bryant was convicted of battery on a person 65 years or older, but the trial court failed to instruct the jury on the lesser-included offense of simple battery despite defense counsel's request. The appellate court reversed the conviction, holding that failure to inst
• Sanford v. State
  872 So. 2d 406· Fla. 4th DCA· 2004-05-05 ·cited 11×
  The Fourth District Court of Appeal affirmed Sanford's convictions for attempted second-degree murder, shooting into an occupied vehicle, and aggravated fleeing and eluding, rejecting his argument that the jury instruction on aggravated fleeing and eluding was erroneous for impro
• Garlin A. Smith v. State
  843 So. 2d 1010· Fla. 1st DCA· 2003-05-01 ·cited 11×
  Appellant Smith appealed his conviction for sale or delivery of cocaine following a jury trial. The court reversed and remanded for a new trial because the trial court erred in denying Smith's motion for mistrial when the prosecutor impermissibly shifted the burden of proof by co
• In the Interest of L.N. v. Dep't of Child. & Fam. Servs. & Guardian Ad Litem Program
  814 So. 2d 1142· Fla. 2d DCA· 2002-04-10 ·cited 11×
  A Florida appellate court reversed a parental rights termination order because the trial court conducted a critical evidentiary hearing in the mother's absence without obtaining her knowing and intelligent waiver of her right to counsel. The court held that proceeding with such a
• Olivera v. State
  813 So. 2d 996· Fla. 4th DCA· 2002-03-20 ·cited 11×
  The defendant was convicted of murder and attempted murder based largely on testimony from a single witness whose credibility had been substantially attacked on cross-examination. During redirect examination, the witness casually mentioned that law enforcement had administered a
• Gonzalez v. State
  774 So. 2d 796· Fla. 3d DCA· 2000-12-20 ·cited 11×
  The court held that the prosecutor's use of the pretrial ruling prohibiting the identification of a confidential informant, both as a shield and then as a sword in closing arguments, unfairly prejudiced the defendant and constituted reversible error.
• Marlin Juanito Ousley v. State
  763 So. 2d 1256· Fla. 3d DCA· 2000-06-21 ·cited 11×
  The Third District Court of Appeal reversed Ousley's first-degree murder and kidnapping convictions because the trial court erroneously admitted prejudicial evidence regarding his prior convictions to purportedly impeach his testimony. The court found the impeachment improper bec
• Marti v. State
  756 So. 2d 224· Fla. 3d DCA· 2000-04-26 ·cited 11×
  Alexis Marti appeals his conviction for attempted second-degree murder, attempted sexual battery with a deadly weapon, and burglary with assault, raising issues regarding the trial court's failure to conduct a proper inquiry into his motion to discharge his court-appointed attorn
• Glatzmayer v. State
  754 So. 2d 71· Fla. 4th DCA· 2000-03-08 ·cited 11×
  Following a murder conviction where appellant confessed after police asked if he wanted a recorded statement, the court reversed because officers failed to give a straightforward answer when appellant asked if he should have an attorney, violating Almeida v. State's requirement t
• Soto v. State
  751 So. 2d 633· Fla. 4th DCA· 1999-12-15 ·cited 11×
  Sergio Soto appealed his conviction for first-degree murder with a firearm and five related charges for which he received six consecutive life sentences. The appellate court affirmed the conviction, rejecting all seven of Soto's claims regarding suppression of his confession, dis
• State v. J.B. Parker
  721 So. 2d 1147· Fla.· 1998-09-04 ·cited 11×
  The Florida Supreme Court affirmed the trial court's grant of a new penalty phase proceeding for death row inmate J.B. Parker, finding that the State withheld exculpatory evidence (testimony from jail inmate Michael Bryant) that could have changed the outcome of the penalty phase
• Janiga v. State
  713 So. 2d 1102· Fla. 2d DCA· 1998-07-22 ·cited 11×
  Gladys Janiga was convicted of burglary and grand theft by jury. The Florida appellate court reversed her convictions because the prosecutor improperly commented during closing argument on Janiga's failure to produce a witness (Robert Bottcher) to corroborate her testimony, there
• Platt v. State
  697 So. 2d 989· Fla. 4th DCA· 1997-08-06 ·cited 11×
  The court held that the record did not conclusively rebut the allegation that trial counsel rendered ineffective assistance by failing to object to the omission of an excusable homicide jury instruction, requiring an evidentiary hearing.
• First v. State
  696 So. 2d 1357· Fla. 2d DCA· 1997-07-25 ·cited 11×
  The court held that the prosecutor's improper personal opinion during opening statement, calling the defendant's alibi witness a 'liar,' constituted reversible error because the evidence against the defendant was not strong.
• Jenkins v. State
  692 So. 2d 893· Fla.· 1997-05-01 ·cited 11×
  Lorenzo Jenkins was convicted of first-degree murder for shooting a police officer during an attempted burglary/robbery and escape. The Florida Supreme Court affirmed the conviction but reversed the trial court's override of the jury's life sentence recommendation, holding that t
• Harris v. State
  687 So. 2d 29· Fla. 5th DCA· 1997-01-03 ·cited 11×
  The court held that a retrial after a mistrial is not a subsequent stage requiring a renewed offer of counsel, and any error in failing to re-offer counsel before sentencing was harmless.
• Green v. State
  688 So. 2d 301· Fla.· 1996-11-27 ·cited 11×
  Joseph Green was convicted of first-degree murder and sentenced to death for the fatal shooting of Judy Miscally during a robbery. The Florida Supreme Court reversed and remanded for a new trial, finding that two trial errors—allowing improper cross-examination of a defense witne
• Mariann Peterson v. Willie
  81 F.3d 1033· 11th Cir.· 1996-04-25 ·cited 11×
  Brian Peterson, a pretrial detainee at Palm Beach County Stockade, was assaulted by another inmate and sustained severe brain stem injuries after being denied adequate medical care for Wilson's Disease. Peterson brought a § 1983 claim against medical care providers and correction
• Arney v. State
  652 So. 2d 437· Fla. 1st DCA· 1995-03-17 ·cited 11×
  The court held that the erroneous admission of hearsay statements from a child victim and a non-victim child witness, while error, was harmless beyond a reasonable doubt.
• Carruthers v. State
  636 So. 2d 853· Fla. 1st DCA· 1994-05-09 ·cited 11×
  Carruthers was convicted of selling counterfeit controlled substances under Florida Statute § 817.563 based on an undercover drug operation where he delivered a substance but money never fully changed hands. The First District Court of Appeal reversed, holding that the trial cour
• Hendrix v. State
  637 So. 2d 916· Fla.· 1994-04-21 ·cited 11×
  Robert Eugene Hendrix was convicted of two counts of first-degree murder, two counts of conspiracy to commit murder, and armed burglary for killing Elmer Scott and his wife Michelle to prevent Scott from testifying against him. The Florida Supreme Court affirmed his death sentenc
• Douglas v. State
  627 So. 2d 1190· Fla. 1st DCA· 1993-11-30 ·cited 11×
  Michael Douglas was convicted of drug trafficking based on testimony from a confidential informant in a controlled cocaine buy. The appellate court affirmed the sufficiency of evidence but reversed the conviction because the trial court abused its discretion by improperly limitin
• Riley Steward v. State
  619 So. 2d 394· Fla. 1st DCA· 1993-05-28 ·cited 11×
  Riley Steward was convicted of lewd and lascivious assault on a 10-year-old child after the trial court erroneously admitted evidence of prior sexual assaults on two other girls. The appellate court found the admission violated the collateral crime evidence rule but affirmed the
• Occhicone v. Singletary
  618 So. 2d 730· Fla.· 1993-04-08 ·cited 11×
  The appellate court affirmed the conviction for possession of cocaine and drug paraphernalia but reversed the disposition imposed by the trial court.
• Syndi R. Tracton v. City OF Miami Beach & Regina C. Siedentopf
  616 So. 2d 457· Fla. 3d DCA· 1992-12-22 ·cited 11×
  Tracton appeals a jury verdict against her in a false arrest action, challenging the trial court's exclusion of her blood-alcohol test results and DUI videotape taken two hours after arrest. The appellate court held that exclusion of this relevant evidence was reversible error an
• Monks v. Smith
  609 So. 2d 740· Fla. 1st DCA· 1992-12-07 ·cited 11×
  Eva Monks, former personal representative of an estate, appeals orders finding her in breach of fiduciary duty, assessing her for attorneys' fees and costs, and awarding the decedent's homestead residence to the University of Michigan. The court affirms the surcharge findings and
• United States v. Ojiabo Onumonu
  967 F.2d 782· 2d Cir.· 1992-06-24 ·cited 11×
  The court held that the exclusion of expert testimony regarding diamond smuggling was an abuse of discretion, requiring reversal, but the denial of the motion to suppress evidence was correct.
• United States v. Soto
  959 F.2d 1181· 2d Cir.· 1992-03-24 ·cited 11×
  The court held that the admission of a codefendant's post-arrest statement was harmless error and that the evidence was sufficient to support the conviction. The court also affirmed the sentencing enhancements.
• Gomez v. State
  572 So. 2d 952· Fla. 5th DCA· 1990-12-13 ·cited 11×
  Esther Gomez was convicted of cocaine trafficking after a jury trial. The Fifth District Court of Appeal reversed and remanded for a new trial because a state witness improperly commented on Gomez's exercise of her Fourth Amendment right to refuse consent to search her vehicle.
• Kordenbrock v. Scroggy
  919 F.2d 1091· 6th Cir.· 1990-11-21 ·cited 11×
  The admission of the appellant's confession, obtained in violation of Miranda rights, was harmless error for both the liability and sentencing phases of the trial. The appellant was not deprived of his constitutional right to psychiatric assistance, and the jury instructions rega
• United States v. UTZ
  886 F.2d 1148· 9th Cir.· 1989-09-27 ·cited 11×
  The court held that the appellant's conviction for mail fraud remains valid under the Supreme Court's interpretation in McNally, and that his claims regarding prosecutorial misconduct and the jury's consideration of the indictment lack merit.
• United States v. Vowiell
  869 F.2d 1264· 9th Cir.· 1989-03-08 ·cited 11×
  The court holds that the conviction of Vowiell should be reversed.
• Tafero v. Dugger
  520 So. 2d 287· Fla.· 1988-02-26 ·cited 11×
  Jesse Tafero, convicted of first-degree murder and sentenced to death, filed a habeas corpus petition following the governor's signing of his second death warrant. The Florida Supreme Court denied the petition, rejecting his claims that the trial judge improperly restricted consi
• Zoltan Takacs v. Engle
  768 F.2d 122· 6th Cir.· 1985-07-23 ·cited 11×
  The Sixth Circuit held that the denial of counsel at a preliminary hearing is subject to harmless error analysis, and that a conviction based solely on uncorroborated accomplice testimony does not violate due process.
• R.B. Williams v. Parke
  741 F.2d 847· 6th Cir.· 1984-08-16 ·cited 11×
  The dissenting judge would hold that the Allen charge, combined with other factors, deprived the defendant of his constitutional right to a fair trial and that the error was not harmless.
• Wolfson v. The Ins. Co. OF Fla. & Cent. Nat'l Ins. Co. of Omaha
  451 So. 2d 1005· Fla. 3d DCA· 1984-06-19 ·cited 11×
  The court reversed a judgment for insurance companies and remanded for a new trial, holding that the trial court abused its discretion by allowing the insurers to call two material witnesses not listed in their pre-trial disclosure, thereby surprising and prejudicing the plaintif
• Arroyo v. Jones
  685 F.2d 35· 2d Cir.· 1982-07-23 ·cited 11×
  The court held that a supplemental jury instruction creating a presumption that people intend the natural consequences of their acts, when given in response to jury questions about intent, is not harmless error and violates due process.
• United States v. Wilson
  666 F.2d 1241· 9th Cir.· 1982-02-01 ·cited 11×
  The court held that the defendant was denied his right to self-representation by being forced to choose between proceeding unprepared or with counsel.
• Chavers v. State
  380 So. 2d 1180· Fla. 5th DCA· 1980-03-12 ·cited 11×
  Theodore Chavers was convicted of burglary but appealed on two grounds: improper prosecutorial comments about his failure to explain possession of stolen goods, and prejudicial cross-examination of a key defense witness regarding unrelated acts of sexual misconduct. The appellate
• Hawkins v. State
  29 Fla. 554· Fla.· 1892-01-15 ·cited 11×
  A defendant's failure to object or except to juror interference during his statutory unsworn statement at trial bars review of that error on appeal, as the objection comes too late if raised only in a post-verdict motion for new trial. However, had a timely exception been taken,
• Miller v. State
  379 So. 3d 1109· Fla.· 2024-02-29 ·cited 10×
  Everett Miller was convicted of the first-degree premeditated murders of two Kissimmee police officers and sentenced to death after a trial in which he did not dispute killing them but argued premeditation was lacking. The Florida Supreme Court affirmed his convictions and death
• Zelaya v. State
  257 So. 3d 493· Fla. 4th DCA· 2018-10-17 ·cited 10×
  A jury verdict is legally inconsistent and subject to reversal when the jury acquits a defendant of possessing a firearm or deadly weapon on one count by convicting on a lesser-included offense, yet simultaneously convicts on another count that requires use of a deadly weapon as
• Orando Ricardo Thompson v. State
  257 So. 3d 573· Fla. 1st DCA· 2018-10-15 ·cited 10×
  The appellate court affirmed Thompson's conviction, holding that although the investigating officer's testimony that the case was not self-defense was impermissible, it was harmless beyond a reasonable doubt given the clear video evidence of the altercation. Thompson's stabbing o
• Jahmahree Daniel v. State
  238 So. 3d 1283· Fla. 5th DCA· 2018-03-29 ·cited 10×
  Jahmahree Daniel appealed his convictions for bank robbery, challenging the trial court's denial of his motion to suppress his post-arrest confession. The Florida District Court of Appeal, Fifth District reversed, holding that Daniel made an unequivocal request for counsel that p
• Ivory Lee Robinson v. State
  215 So. 3d 1262· Fla. 1st DCA· 2017-04-04 ·cited 10×
  Robinson appeals the denial of his Rule 3.800(a) motion challenging a 25-year mandatory minimum sentence under Florida's 10-20-Life law. He argues the amended information failed to allege 'great bodily harm' as required by Apprendi v. New Jersey, raising both technical and substa
• Allen v. State
  192 So. 3d 554· Fla. 4th DCA· 2016-05-18 ·cited 10×
  Jason Allen was convicted of second-degree murder based largely on circumstantial evidence when the victim's body was never found. The Fourth District Court of Appeal reversed his conviction and ordered a new trial, holding that the trial court improperly admitted evidence of All
• Rivera v. State
  180 So. 3d 1195· Fla. 2d DCA· 2015-12-11 ·cited 10×
  The appellate court held that the trial court's error in prohibiting evidence of the defendant's lack of a prior criminal record to support his subjective entrapment defense was not harmless.