Harmless Error Analysis

4,441 Florida cases classified under this topic, plus 2,602 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Livingston v. State
  565 So. 2d 1288· Fla.· 1988-03-10 ·cited 123×·via Harmless Error Rule
  Jessie Livingston appeals his conviction for first-degree murder and death sentence following a burglary and armed robbery that resulted in a fatal shooting. The Florida Supreme Court affirms the convictions and noncapital sentences but vacates the death sentence, finding one agg
• United States v. Mers
  701 F.2d 1321· 11th Cir.· 1983-03-21 ·cited 123×
  The court held that although the district court erred in failing to conduct an adequate hearing on the potential conflict of interest arising from joint representation, the error was harmless because no actual conflict of interest existed. The court also found that the Speedy Tri
• Pena v. State
  901 So. 2d 781· Fla.· 2005-02-24 ·cited 122×
  The Florida Supreme Court addressed whether a trial court commits fundamental error by omitting jury instructions on the age element of first-degree murder by drug distribution and on excusable and justifiable homicide when the evidence does not support those defenses. The court
• Jaggers v. State
  536 So. 2d 321· Fla. 2d DCA· 1988-12-20 ·cited 122×
  Jaggers was convicted of three counts of sexual battery against children, but the Florida District Court of Appeal reversed all convictions, finding that the state failed to prove penetration (an essential element) for two counts, improperly admitted prior inconsistent statements
• Burley Clifton Harryman v. Estelle
  616 F.2d 870· 5th Cir.· 1980-05-09 ·cited 122×·via Harmless Error Review
  The court held that the majority applied the wrong standard of harmless error review, failing to consider whether the unconstitutionally admitted evidence contributed to the conviction.
• United States v. Bailleaux
  685 F.2d 1105· 9th Cir.· 1982-08-30 ·cited 121×
  The court held that the trial court did not abuse its discretion in denying a change of venue, admitting evidence of prior criminal conduct, or admitting a taped conversation, as any errors were harmless.
• Wright v. State
  857 So. 2d 861· Fla.· 2003-07-03 ·cited 119×
  Joel Dale Wright appeals the denial of his second motion for postconviction relief and petitions for a writ of habeas corpus in a capital murder case. The Florida Supreme Court affirms the trial court's denial of relief and rejects Wright's habeas claims, finding procedural bars,
• Owen v. State
  560 So. 2d 207· Fla.· 1990-03-01 ·cited 119×
  Owen was convicted of burglary, sexual battery, and first-degree murder and sentenced to death. The Florida Supreme Court reversed his convictions because police violated Miranda by continuing to question him after he made equivocal invocations of his right to remain silent, and
• State v. Carney
  476 So. 2d 165· Fla.· 1985-08-29 ·cited 119×·via Harmless Error Analysis In Sentencing
  When a departure sentence is based on both permissible and impermissible reasons, it should be reversed and remanded for resentencing unless the state proves beyond a reasonable doubt that the impermissible reasons did not affect the departure.
• Boris McKINNEY v. State
  579 So. 2d 80· Fla.· 1991-05-02 ·cited 118×
  Boris McKinney was convicted of first-degree murder and related felonies in connection with the robbery and murder of Franz Patella. The Florida Supreme Court affirmed his convictions and most sentences but vacated the death sentence, finding that two of the three aggravating cir
• United States v. de Cavalcante
  440 F.2d 1264· 3d Cir.· 1971-03-10 ·cited 118×·via Harmless Error Rule
  The court held that the indictment was sufficient to charge a crime under 18 U.S.C. § 1952, and that the naming of additional co-conspirators constituted a variance, not a prejudicial amendment. However, the court found insufficient evidence to prove a conspiracy existed.
• United States v. Scott
  425 F.2d 55· 9th Cir.· 1970-03-06 ·cited 118×
  The court should exercise its discretion against applying the plain error rule when a defendant fails to object to a presumption instruction and their guilt is evident.
• Estes v. United States
  335 F.2d 609· 5th Cir.· 1964-08-10 ·cited 118×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the trial court did not err in denying the defendant's various motions and that the jury instructions and verdict were proper.
• Hayes v. State
  660 So. 2d 257· Fla.· 1995-06-22 ·cited 117×
  Robert Hayes was convicted of first-degree murder and sentenced to death for the murder of a female groom at a harness track. The Florida Supreme Court reversed his conviction and death sentence, finding that multiple trial errors—including admission of propensity evidence, unrel
• Combs v. State
  525 So. 2d 853· Fla.· 1988-02-18 ·cited 117×
  The Florida Supreme Court granted Robert Combs a new sentencing proceeding before a new jury based on Hitchcock v. Dugger's requirement that sentencers consider all relevant non-statutory mitigating evidence. The court rejected Combs' Caldwell argument that the jury instruction c
• Douglas v. State
  878 So. 2d 1246· Fla.· 2004-05-06 ·cited 116×
  Luther Douglas was convicted of sexual battery and first-degree felony murder of Mary Ann Hobgood and sentenced to death. The Florida Supreme Court affirmed his convictions and death sentence on direct appeal, rejecting challenges to the admission of crime scene photographs, the
• Lomax v. State
  345 So. 2d 719· Fla.· 1977-03-31 ·cited 116×·via Harmless Error Doctrine
  A trial court's failure to instruct on a lesser-included offense, when such an instruction is warranted, constitutes per se reversible error and the harmless error doctrine will not be applied.
• Homan v. United States
  279 F.2d 767· 8th Cir.· 1960-06-07 ·cited 116×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that while some trial court actions constituted technical errors, they were harmless in light of the overwhelming evidence of guilt and did not warrant reversal.
• United States v. Bledsoe
  674 F.2d 647· 8th Cir.· 1982-03-12 ·cited 115×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the evidence presented was sufficient to prove the existence of a RICO enterprise and that joinder of defendants was proper, or any misjoinder constituted harmless error.
• DOE v. Hampton
  566 F.2d 265· D.C. Cir.· 1977-09-14 ·cited 115×·via Harmless Error Doctrine
  The Civil Service Commission erred by relying on Dr. Eck's opinion in violation of its own procedural rules, which denied the appellant the opportunity to challenge the evidence. The dissenting opinion argues that this procedural error was not harmless and prejudiced the appellan
• United States v. Ignasio Maldenaldo Sanchez
  269 F.3d 1250· 11th Cir.· 2001-10-17 ·cited 114×
  The court affirmed the convictions and sentences of the Sanchezes. The concurring judges argued that no Apprendi error occurred because the sentences did not exceed the statutory maximum under 21 U.S.C. § 841(b)(1)(C). They also contended that the "Rogers error" did not apply bec
• United States v. Emslie Leander Moore
  522 F.2d 1068· 9th Cir.· 1975-06-19 ·cited 114×
  The court held that the admission of a co-defendant's statement as an admission by silence against Floyd Moore was improper due to insufficient foundational evidence, and that the statement was also inadmissible as a co-conspirator's declaration. The court affirmed Lee Moore's co
• Jones v. State
  998 So. 2d 573· Fla.· 2008-12-23 ·cited 113×·via Harmless Error Rule
  Harry Jones was convicted of first-degree murder and sentenced to death for a 1991 killing. The Florida Supreme Court affirmed the trial court's denial of his Rule 3.850 postconviction motion and denied his habeas corpus petition, finding no Brady/Giglio violations, no prejudicia
• J.B. Parker v. State
  873 So. 2d 270· Fla.· 2004-01-22 ·cited 113×
  J.B. Parker appeals his death sentence imposed following a new penalty phase after his original sentence was vacated due to Brady violations. The Florida Supreme Court affirmed Parker's convictions for kidnapping, robbery, and first-degree murder, as well as his death sentence, r
• Escobar v. State
  699 So. 2d 988· Fla.· 1997-07-10 ·cited 113×·via Harmless Error Review
  Douglas Escobar was convicted of first-degree murder and sentenced to death for the killing of police officer Victor Estefan. The Florida Supreme Court reversed his convictions and death sentence, finding reversible error in the trial court's granting of the State's motion to rej
• United States v. Cook
  608 F.2d 1175· 9th Cir.· 1979-06-29 ·cited 113×
  A defendant is entitled to appellate review of a denied Rule 609 motion without testifying, but must demonstrate prejudice from the ruling.
• Chapman v. United States
  547 F.2d 1240· 5th Cir.· 1977-03-03 ·cited 113×·via Harmless Error Rule
  The court held that while the prosecution's eliciting of the defendant's post-arrest silence may have constituted a due process violation under intervening law, it was harmless error beyond a reasonable doubt given the overwhelming evidence of guilt and the implausibility of the
• United States v. Dougherty
  473 F.2d 1113· D.C. Cir.· 1972-06-30 ·cited 113×·via Harmless Error Doctrine
  The court amplified its prior opinion, clarifying that while a defendant's right to self-representation is not absolute, its denial does not automatically require reversal if the trial judge makes specific findings regarding disruption or inability to waive counsel.
• Amos Augustus Williams v. State
  123 So. 3d 23· Fla.· 2013-02-14 ·cited 112×·via Harmless Error Review
  The Florida Supreme Court held that giving the standard jury instruction on attempted manslaughter by act constitutes fundamental error when a defendant is convicted of a crime no more than one step removed from attempted manslaughter, because the instruction erroneously requires
• Morton v. State
  689 So. 2d 259· Fla.· 1997-03-06 ·cited 112×
  Alvin Morton was convicted of two murders and sentenced to death. The Florida Supreme Court affirmed the conviction but vacated the death sentence due to prosecutorial abuse in using prior inconsistent statements to impeach the State's own witnesses, particularly regarding the co
• Conley v. State
  620 So. 2d 180· Fla.· 1993-05-20 ·cited 112×
  William Thomas Conley was convicted of armed burglary, sexual battery with a deadly weapon, and armed robbery. The Florida Supreme Court reversed his convictions, finding that the trial court erred in admitting hearsay evidence regarding whether Conley possessed a rifle during th
• Kight v. State
  512 So. 2d 922· Fla.· 1987-07-09 ·cited 112×
  Charles Kight was convicted of first-degree murder and sentenced to death for the stabbing death of cab driver Lawrence Butler. The Florida Supreme Court affirmed both the conviction and death sentence, finding no reversible error despite challenges to the admissibility of confes
• Brown v. State
  367 So. 2d 616· Fla.· 1979-02-01 ·cited 112×·via Harmless Error Doctrine
  Henry Brown was convicted of first-degree murder and sentenced to death despite a jury's advisory recommendation of life imprisonment. The Florida Supreme Court upheld the conviction but vacated the death sentence, holding that the jury's life recommendation must ordinarily be fo
• United States v. Becker
  461 F.2d 230· 2d Cir.· 1972-05-30 ·cited 112×·via Harmless Error Doctrine
  The court held that the statutory definition of 'conduct' in an illegal gambling business includes all participants, and that the wiretap evidence was admissible despite procedural irregularities in its authorization.
• LaMARCA v. State
  785 So. 2d 1209· Fla.· 2001-03-08 ·cited 111×
  Anthony LaMarca was convicted of first-degree murder and sentenced to death for killing Kevin Flynn, his son-in-law. The Florida Supreme Court affirmed the conviction and death sentence, rejecting multiple challenges to the trial court's evidentiary rulings, denial of a judgment
• Lynford R. Blackwood v. State
  777 So. 2d 399· Fla.· 2000-12-21 ·cited 111×
  Lynford Blackwood was convicted of the first-degree premeditated murder of his ex-girlfriend Caroline Thomas Tynes and sentenced to death. The Florida Supreme Court affirmed both the conviction and the death sentence, finding sufficient evidence of premeditation and that the hein
• Clemente Javier Aguirre-Jarquin v. State
  9 So. 3d 593· Fla.· 2009-03-26 ·cited 110×
  Clemente Aguirre-Jarquin was convicted of two counts of first-degree murder and sentenced to death for stabbing his neighbors Cheryl Williams (129 stab wounds) and Carol Bareis (2 stab wounds) in their home in Seminole County, Florida. The Florida Supreme Court affirmed both the
• United States v. Khoury
  901 F.2d 948· 11th Cir.· 1990-05-21 ·cited 110×·via Harmless Error Doctrine
  The court held that the subsequent search of Kluver's diary, conducted under the guise of an inventory search, violated his Fourth Amendment rights, and this constitutional error was not harmless. The court also found sufficient evidence to support the convictions of other appell
• United States v. Grier
  866 F.2d 908· 7th Cir.· 1989-01-11 ·cited 110×
  The court held that the district court did not err in denying the motion to compel production of pen register materials, as the defendant had ample opportunity for cross-examination and the denial was not prejudicial.
• Ventura v. State
  29 So. 3d 1086· Fla.· 2010-02-18 ·cited 109×
  The Florida Supreme Court reversed a Third District Court of Appeal decision affirming a defendant's prison-releasee-reoffender sentence on two grounds: (1) the appellate court improperly relied on a rejected rule regarding authentication of DOC release-date letters, though the u
• United States v. Bosch
  584 F.2d 1113· 1st Cir.· 1978-09-29 ·cited 109×
  The court held that the admission of prior convictions into evidence, due to counsel's ineffective assistance and the court's erroneous instructions, constituted reversible error. The court also affirmed that the 'reasonably competent assistance' standard is the appropriate measu
• United States v. Irie E. Leonard
  494 F.2d 955· D.C. Cir.· 1974-01-31 ·cited 109×·via Harmless Error Rule
  The court held that the district court committed reversible error by refusing to instruct the jury to scrutinize the testimony of witnesses granted immunity and by limiting cross-examination regarding pending felony charges against a witness. It also held that the failure to prov
• State v. Weaver
  957 So. 2d 586· Fla.· 2007-05-10 ·cited 108×
  The Florida Supreme Court held that a trial court's erroneous jury instruction including an uncharged alternative form of battery does not constitute fundamental error when the State presented no evidence of that form and did not argue it. The Court reversed the Second District C
• Ibar v. State
  938 So. 2d 451· Fla.· 2006-03-09 ·cited 108×
  Pablo Ibar appeals his convictions for three counts of first-degree murder and three death sentences stemming from execution-style killings at a nightclub owner's home in 1994. The Florida Supreme Court affirms the convictions and sentences, finding that although certain evidenti
• Shere v. State
  742 So. 2d 215· Fla.· 1999-06-24 ·cited 108×
  Richard Earl Shere, convicted of first-degree murder and sentenced to death, appealed the denial of his Rule 3.850 motion for postconviction relief claiming ineffective assistance of counsel. The Florida Supreme Court affirmed the trial court's denial, finding that counsel's tact
• Wuornos v. State
  644 So. 2d 1000· Fla.· 1994-09-22 ·cited 108×
  Aileen Wuornos appealed her death sentence for the murder of Richard Mallory, challenging discovery violations, similar crimes evidence, confession validity, jury instructions, and the constitutionality of Florida's death penalty statute. The Florida Supreme Court affirmed her co
• United States v. Mohammad Reza Mehrmanesh
  689 F.2d 822· 9th Cir.· 1982-10-05 ·cited 108×·via Harmless Error Standard (Fed.R.Crim.P. 52(A))
  The court held that the Speedy Trial Act sanctions for arrest-to-indictment delay do not apply because the defendant was arrested before the effective date of the sanctions, and that the admission of certain prior bad acts evidence was either admissible or harmless error.
• United States v. Friedman
  593 F.2d 109· 9th Cir.· 1979-03-15 ·cited 108×
  The court affirmed convictions, holding that evidence supported conspiracy and importation charges, documentary evidence was admissible, and disclosure requirements were met.
• Globe v. State
  877 So. 2d 663· Fla.· 2004-03-18 ·cited 107×
  Charles Globe was convicted of first-degree murder for killing fellow inmate Elton Ard at Columbia Correctional Institution using garrotes. The Florida Supreme Court affirmed Globe's conviction and death sentence, rejecting challenges to the admissibility of his confessions, jury
• Davis v. State
  859 So. 2d 465· Fla.· 2003-09-11 ·cited 107×
  Adam Davis was convicted of first-degree murder and sentenced to death for the planned killing of his girlfriend's mother, Vicki Robinson. The Florida Supreme Court affirmed both the conviction and death sentence, rejecting Davis's nine appellate arguments challenging the admissi