Harmless Error Analysis

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

• Torres v. State
  124 So. 3d 439· Fla. 1st DCA· 2013-11-06 ·cited 10×
  Percy Torres appealed his first-degree sexual battery conviction, challenging his sentence on the ground that the trial court based it, at least in part, on constitutionally impermissible religious factors. The appellate court agreed that the judge's comments referencing Catholic
• Gonzalez v. Dep't OF Health
  120 So. 3d 234· Fla. 1st DCA· 2013-08-30 ·cited 10×
  A licensed chiropractor appeals a disciplinary order from the Florida Department of Health's Board of Chiropractic Medicine. The court reversed and remanded because the Board violated due process by considering matters related to the appellant's competency that were not alleged i
• Bleich v. State
  108 So. 3d 1132· Fla. 5th DCA· 2013-03-15 ·cited 10×
  The court held that allowing the State to call a witness solely for the purpose of impeaching them with a prior inconsistent statement, when that statement would otherwise be inadmissible, is improper.
• Latrice DAY v. State
  105 So. 3d 1284· Fla. 2d DCA· 2013-02-08 ·cited 10×
  The court held that while a police officer's identification testimony based on prior knowledge is admissible, revealing the officer's status to the jury is improper and prejudicial, requiring reversal.
• Deangelo S. Horn v. State
  120 So. 3d 1· Fla. 1st DCA· 2012-09-19 ·cited 10×
  The court held that the trial court erred in refusing to instruct the jury on unnatural and lascivious act as a permissive lesser-included offense of lewd or lascivious molestation. However, separate convictions for sexual battery and attempted lewd or lascivious molestation do n
• Atari Pierre Downs v. State
  65 So. 3d 594· Fla. 4th DCA· 2011-07-13 ·cited 10×
  Atari Downs appeals his conviction for aggravated battery with a firearm. The Fourth District Court of Appeal reverses because the trial court improperly admitted testimony about a gun found in the apartment that was unrelated to the crime and unconnected to Downs, violating evid
• Davis v. State
  52 So. 3d 52· Fla. 1st DCA· 2010-12-21 ·cited 10×
  Lorenzo Davis was convicted of armed robbery based on testimony from an accomplice and an investigator's hearsay recounting of another accomplice's statement. The court reversed because the investigator's testimony was inadmissible hearsay that did not fit the identification exce
• Durrance v. State
  44 So. 3d 217· Fla. 4th DCA· 2010-09-22 ·cited 10×
  George Durrance appeals his first-degree murder conviction, claiming the state violated discovery rules by failing to timely produce a transcript of his testimony from an unrelated 2007 case that prosecutors indicated might be used for impeachment. The Fourth District affirmed, h
• Jawara Ward v. State
  40 So. 3d 854· Fla. 4th DCA· 2010-07-14 ·cited 10×
  Jawara Ward was convicted of robbery and grand theft of a motor vehicle based partly on a jury instruction about possession of recently stolen property. The Fourth District Court of Appeal reversed his grand theft conviction because the trial court improperly instructed the jury
• Barrow v. State
  27 So. 3d 211· Fla. 4th DCA· 2010-02-10 ·cited 10×
  Mark Barrow was convicted of first-degree murder based largely on his alleged confession to his girlfriend, despite no body being found and no direct evidence of the crime. The Fourth District reversed, holding that the trial judge abused his discretion by failing to inform the j
• Knight v. State
  15 So. 3d 936· Fla. 3d DCA· 2009-08-12 ·cited 10×
  Derrick Knight appeals his conviction for manslaughter and related charges, challenging the trial court's admission of photographs of firearms found in his home that were not used in the shooting. The appellate court affirmed, finding no abuse of discretion in admitting the photo
• Alcantar v. State
  987 So. 2d 822· Fla. 2d DCA· 2008-08-15 ·cited 10×
  Armando Alcantar appeals his trafficking in cocaine conviction and five-year sentence. The appellate court reversed and remanded for a new trial because the trial court improperly admitted hearsay and prejudicial character evidence that buttressed a weak eyewitness identification
• State v. Modeste
  987 So. 2d 787· Fla. 5th DCA· 2008-08-08 ·cited 10×
  The State appeals a suppression order regarding statements made by Joseph Modeste during a murder investigation. The Fifth District Court of Appeal reversed the trial court's suppression order, holding that Miranda warnings need not expressly state that a suspect has the right to
• Rouse v. State
  965 So. 2d 201· Fla. 5th DCA· 2007-08-31 ·cited 10×
  Curtis Rouse appeals his resentencing for second-degree murder, challenging the trial court's inclusion of victim injury points on his sentencing guidelines scoresheet under Apprendi v. New Jersey and Blakely v. Washington. The Fifth District affirms, holding that Apprendi and Bl
• Foreman v. State
  965 So. 2d 1171· Fla. 2d DCA· 2007-08-15 ·cited 10×
  Ronald Wayne Foreman was convicted of capital sexual battery on a child based largely on the victim's testimony. The appellate court reversed and remanded for a new trial, finding that the trial court improperly admitted testimony from a witness about an allegedly lesser touching
• Stubbs v. State
  951 So. 2d 910· Fla. 2d DCA· 2007-02-09 ·cited 10×
  Michael Stubbs appealed his sentence imposed after probation revocation, challenging the inclusion of victim injury and legal constraint points on his sentencing scoresheet. The court reversed, holding that a defendant may challenge scoresheet points at a revocation proceeding ev
• Watts v. State
  921 So. 2d 722· Fla. 4th DCA· 2006-02-15 ·cited 10×
  The court held that the prosecutor's comment during closing argument was an impermissible comment on the defendant's failure to testify and was not harmless error.
• Frazier v. State
  912 So. 2d 54· Fla. 4th DCA· 2005-09-07 ·cited 10×
  The court held that the trial court erred in summarily denying claims regarding sentencing calculation errors and ineffective assistance of counsel for failing to call witnesses without allowing amendment.
• Frank v. State
  912 So. 2d 329· Fla. 5th DCA· 2005-08-26 ·cited 10×
  The court held that blood alcohol test results obtained by law enforcement without complying with statutory notice requirements must be excluded as evidence.
• Griffin v. State
  872 So. 2d 998· Fla. 4th DCA· 2004-05-12 ·cited 10×
  The court held that the trial court erred in admitting testimony regarding general criminal behavior, which was prejudicial and not harmless error.
• Mannarino v. State
  869 So. 2d 650· Fla. 4th DCA· 2004-03-31 ·cited 10×
  George Mannarino was convicted of uttering a forgery and petit theft after a jury trial. The Florida Fourth District Court of Appeal reversed and remanded for a new trial, holding that the prosecutor improperly commented on Mannarino's right to remain silent during closing argume
• Vaughn Miller v. State
  847 So. 2d 1093· Fla. 4th DCA· 2003-06-18 ·cited 10×
  The court held that the prosecutor's comment on the defendant's right to remain silent during closing arguments was an improper comment that was not harmless error, requiring reversal.
• Rogers v. State
  844 So. 2d 728· Fla. 5th DCA· 2003-05-09 ·cited 10×
  Justin Rogers was convicted of first-degree murder and sentenced to life imprisonment. On appeal, he challenged the trial court's erroneous decision to allow the State to reopen its case mid-trial and introduce a previously suppressed confession in response to defense counsel's c
• Bruno v. Moore
  838 So. 2d 485· Fla.· 2002-12-05 ·cited 10×
  Michael George Bruno petitions for habeas corpus following his conviction and death sentence for the 1986 murder of Lionel Merlano. The Florida Supreme Court denies the petition, rejecting claims that appellate counsel was ineffective, that harmless error analysis was inadequate,
• Damoulakis v. State
  814 So. 2d 1204· Fla. 2d DCA· 2002-04-24 ·cited 10×
  George Damoulakis was convicted of aggravated battery after being charged with attempted second-degree murder. The Florida appellate court reversed and remanded for a new trial due to the trial court's failure to instruct the jury on justifiable and excusable homicide, which cons
• State v. Norris Williamson
  813 So. 2d 61· Fla.· 2002-02-28 ·cited 10×
  The Florida Supreme Court addressed whether the trial court erred in refusing to instruct the jury that the State must prove guilty knowledge of the illicit nature of a controlled substance in actual possession cases. The Court held that despite the Medlin presumption allowing kn
• A.E.B. v. State
  818 So. 2d 534· Fla. 2d DCA· 2002-01-16 ·cited 10×
  A.E.B., a minor, was adjudicated delinquent for trespass and resisting an officer. The appellate court reversed the trespass adjudication because the trial court improperly admitted hearsay testimony from a deputy sheriff regarding statements made by a witness with memory loss, b
• Braun v. State
  789 So. 2d 1250· Fla. 4th DCA· 2001-08-01 ·cited 10×
  Timothy Braun appeals the summary denial of his Rule 3.800 motion challenging his sentencing scoresheet. The state conceded the scoresheet contained error but argued it was harmless. The appellate court reversed and remanded, holding that the trial court failed to provide adequat
• Velton L. Edwards v. State
  793 So. 2d 1044· Fla. 4th DCA· 2001-07-25 ·cited 10×
  Edwards was convicted of criminal mischief after being charged with arson. The Fourth District Court of Appeal reversed and remanded for a new trial, finding that a portion of Edwards' confession was involuntarily obtained through police threats to charge him with additional and
• Pringle v. State
  792 So. 2d 533· Fla. 3d DCA· 2001-06-27 ·cited 10×
  John Fitzgerald Pringle was convicted of attempted sexual battery, kidnapping, and aggravated battery. He appealed, challenging the trial court's denial of a peremptory challenge to strike a white female juror after the prosecution objected on racial grounds. The appellate court
• Sosa-Valdez v. State
  785 So. 2d 633· Fla. 3d DCA· 2001-05-02 ·cited 10×
  Pedro Sosa-Valdez and Roberto Barrios were convicted of armed robbery, carjacking, kidnapping, and burglary. The Florida District Court of Appeal reversed their convictions because the lead detective improperly testified on rebuttal that the defendants were guilty by opining the
• Geremi Pierce v. State
  734 So. 2d 399· Fla.· 1999-05-06 ·cited 10×
  The Florida Supreme Court held that a criminal defendant charged with possession of a firearm by a convicted felon may stipulate to his prior felony conviction status, and the State and trial court must accept such stipulation rather than introduce evidence of the prior convictio
• Janson v. State
  730 So. 2d 734· Fla. 5th DCA· 1999-03-05 ·cited 10×
  Ronald Janson appeals his first-degree arson and insurance fraud conviction, challenging the trial court's allowance of witness testimony transcripts in the jury room. The court found the practice violated Florida Rule of Criminal Procedure 3.400 but affirmed the conviction as ha
• Johnston v. State
  708 So. 2d 590· Fla.· 1998-03-05 ·cited 10×
  David Eugene Johnston, convicted and sentenced to death in 1984 for first-degree murder, challenged his death sentence through postconviction relief and habeas corpus, arguing the heinous, atrocious, or cruel (HAC) jury instruction was unconstitutionally vague following the U.S.
• Wendall Goney, Sr. v. State
  691 So. 2d 1133· Fla. 5th DCA· 1997-04-11 ·cited 10×
  Wendall Goney appealed his criminal convictions for aggravated battery and battery, arguing he was entitled to a new trial because he was not physically present at two bench conferences during jury selection under Coney v. State. The appellate court affirmed, finding that Goney's
• Chambers v. State
  692 So. 2d 210· Fla. 5th DCA· 1997-03-21 ·cited 10×
  Donald Chambers appeals his convictions for armed burglary with assault/battery, aggravated assault, and robbery with a firearm arising from a hotel robbery. The court affirmed the convictions but remanded for correction of sentencing on Count II, finding the trial court exceeded
• McCLENDON v. State
  679 So. 2d 1255· Fla. 1st DCA· 1996-09-17 ·cited 10×
  The court held that a trial judge cannot find harmless error regarding sentencing points without addressing the merits of the claim.
• Young v. State
  664 So. 2d 1144· Fla. 4th DCA· 1995-12-20 ·cited 10×
  The Fourth District Court of Appeal reversed Young's cocaine possession conviction, holding that the trial court improperly admitted hearsay evidence describing an informant's accusatory statement about Young's planned drug sale. The court found the admission violated the Florida
• Allison v. State
  661 So. 2d 889· Fla. 2d DCA· 1995-10-11 ·cited 10×
  Michael Jude Allison was convicted of second-degree murder in the death of his former wife and sentenced to life imprisonment. The Florida appellate court reversed and remanded for a new trial due to the erroneous admission of hearsay statements from child witnesses, finding that
• Doyle v. Singletary
  655 So. 2d 1120· Fla.· 1995-06-01 ·cited 10×
  Daniel Lee Doyle, a death row inmate, petitioned for habeas corpus relief raising four claims including vagueness of jury instructions on the heinous, atrocious, or cruel aggravating factor and ineffective assistance of counsel. The Florida Supreme Court denied the petition, find
• Trotman v. State
  652 So. 2d 506· Fla. 3d DCA· 1995-03-29 ·cited 10×
  Carlos Trotman appeals his convictions for armed robbery and armed burglary. The Florida District Court of Appeal, Third District reverses because the trial court admitted hearsay testimony implying that an unidentified, non-testifying juvenile had identified the defendant as the
• Rosly Desouza v. State
  650 So. 2d 170· Fla. 4th DCA· 1995-02-08 ·cited 10×
  The Florida District Court of Appeal reversed Rosly DeSouza's attempted first-degree murder conviction because the trial court gave a jury instruction that improperly substituted "victim" for "defendant" in the standard self-defense instruction, which confused the jury and shifte
• Stanley v. State
  648 So. 2d 1268· Fla. 4th DCA· 1995-02-01 ·cited 10×
  Howard Stanley was convicted of burglary with assault after an incident at his ex-girlfriend's home on Christmas 1992. The Fourth District Court of Appeal reversed the conviction, finding that the trial court erred by excluding cross-examination about the victim and eyewitness's
• Singer v. State
  647 So. 2d 1021· Fla. 4th DCA· 1994-12-21 ·cited 10×
  Michael Singer was convicted of resisting and obstructing a law enforcement officer without violence. The Fourth District Court of Appeal reversed his conviction, finding that the trial court improperly admitted prejudicial hearsay statements Singer made in the police car that th
• Denmark v. State
  646 So. 2d 754· Fla. 2d DCA· 1994-10-12 ·cited 10×
  Four defendants were convicted of premeditated first-degree murder for a drive-by shooting. The appellate court reversed and remanded for new trials, finding that the trial court erroneously admitted evidence of violent criminal incidents committed by third parties in the days be
• Mauricio Beltran-Lopez v. State
  626 So. 2d 163· Fla.· 1993-09-02 ·cited 10×
  The Florida Supreme Court reaffirmed Mauricio Beltran-Lopez's death sentence for murder after the U.S. Supreme Court remanded the case in light of Espinosa v. Florida, which invalidated Florida's "especially heinous, atrocious, or cruel" aggravating circumstance as unconstitution
• Willoughby Turner COX v. State
  618 So. 2d 291· Fla. 2d DCA· 1993-04-14 ·cited 10×
  The court held that the trial court erred in refusing to instruct the jury on simple DUI as a necessarily lesser included offense of DUI/serious bodily injury, and this error was not subject to harmless error analysis.
• Mills v. Singletary
  622 So. 2d 943· Fla.· 1993-04-01 ·cited 10×
  John Mills, a death row inmate, filed his fourth habeas corpus petition challenging the validity of jury instructions on aggravating factors in his capital sentencing. The Florida Supreme Court denied the petition, finding that the issues were procedurally barred because they cou
• Padilla v. State
  618 So. 2d 165· Fla.· 1993-03-25 ·cited 10×
  Raymond Padilla appeals his convictions for first-degree murder and attempted first-degree murder, and the imposition of the death penalty. The Florida Supreme Court affirmed the convictions but remanded for new sentencing proceedings because one aggravating factor was improperly
• Heinz v. State
  615 So. 2d 238· Fla. 3d DCA· 1993-03-09 ·cited 10×
  Florida appellate court affirmed burglary and false imprisonment convictions, rejecting defendant's claim that prosecutor's brief burden-shifting argument warranted mistrial because the comment was fleeting, immediately corrected by the trial court, and the evidence of guilt was