Harmless Error Analysis

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

• Mitchell v. State
  118 So. 3d 295· Fla. 3d DCA· 2013-07-31 ·cited 9×
  Noah Mitchell was convicted of animal cruelty based on conflicting testimony about whether he intentionally abused his dog. The Florida District Court of Appeal reversed the conviction because the prosecutor's closing arguments improperly shifted the burden of proof by implying t
• Rodgers v. State
  113 So. 3d 761· Fla.· 2013-05-09 ·cited 9×
  Theodore Rodgers, Jr., was convicted of first-degree murder and sentenced to death for the 2001 shooting death of his wife, Teresa Henderson. On postconviction appeal, the Florida Supreme Court reviewed his claims of ineffective assistance of counsel regarding inadequate mental h
• Heavy Patrell Shavers v. State
  86 So. 3d 1218· Fla. 2d DCA· 2012-05-02 ·cited 9×
  Heavy Patrell Shavers was convicted of first-degree murder and grand theft for shooting a drug dealer during a robbery. The Florida District Court of Appeal reversed and remanded for a new trial, finding the jury's verdict legally inconsistent: the jury convicted Shavers of first
• Trenton M. Herron v. State
  113 So. 3d 852· Fla. 2d DCA· 2012-02-17 ·cited 9×
  The court held that the trial court committed per se reversible error by failing to hold a hearing on the defendant's unequivocal request to represent himself.
• Walker v. State
  77 So. 3d 890· Fla. 2d DCA· 2012-01-20 ·cited 9×
  Ronnie Walker was convicted of manslaughter, armed burglary, and armed robbery in connection with a home invasion and murder. The appellate court reversed and remanded for a new trial because the trial court erroneously admitted inadmissible hearsay evidence that an unnamed third
• Rodriguez v. State
  77 So. 3d 649· Fla. 3d DCA· 2011-08-17 ·cited 9×
  The court held that the trial court did not abuse its discretion in finding the child-victim's hearsay statements reliable and admissible under section 90.803(23), Florida Statutes.
• Dewolfe v. State
  62 So. 3d 1142· Fla. 1st DCA· 2011-05-23 ·cited 9×
  Michele DeWolfe was convicted of felony petit theft for stealing air conditioners. The appellate court reversed and remanded for a new trial, holding that the trial court erred in excluding hearsay testimony about the deceased thief Bruce Ahlgren's confession to the crime, which
• RAO v. State
  52 So. 3d 40· Fla. 4th DCA· 2010-12-15 ·cited 9×
  Brendan Rao appeals his first-degree murder conviction, challenging the admission of evidence regarding satanic worship and gruesome photographs, and claiming prosecutorial misconduct through comments on his right to silence. The Fourth District Court of Appeal affirmed the convi
• Agatheas v. State
  28 So. 3d 204· Fla. 4th DCA· 2010-02-24 ·cited 9×
  Nicholas Agatheas appeals his first-degree murder conviction, arguing that his trial counsel was ineffective for failing to object to the introduction of a .45 caliber revolver and other backpack contents that were not connected to the murder weapon (a .38 caliber gun). The Fourt
• Linwood Lewis v. State
  22 So. 3d 753· Fla. 4th DCA· 2009-11-18 ·cited 9×
  Linwood Lewis appeals his convictions for first-degree murder and attempted robbery, challenging the adequacy of a Richardson discovery hearing, the denial of his motion for judgment of acquittal, and a jury instruction that included co-perpetrators' names. The Fourth District af
• Pratt v. State
  1 So. 3d 1169· Fla. 4th DCA· 2009-01-28 ·cited 9×
  The court held that the trial court erred in admitting prior bad acts evidence because it only demonstrated propensity and was not relevant to any contested issue.
• Gilley v. State
  996 So. 2d 936· Fla. 2d DCA· 2008-12-12 ·cited 9×
  James Gilley was convicted of first-degree murder and three counts of attempted first-degree murder after being tried separately from his codefendants. The court reversed and remanded for a new trial, finding that the trial court erred by admitting extensive evidence of crimes co
• Scottie B. ASH v. State
  995 So. 2d 1158· Fla. 1st DCA· 2008-12-05 ·cited 9×
  The court held that a comment upon a defendant's silence at the time of arrest is a constitutionally impermissible comment on the exercise of the right to remain silent.
• Kessler v. State
  991 So. 2d 1015· Fla. 4th DCA· 2008-10-08 ·cited 9×
  Kevin Kessler appeals his convictions for cocaine trafficking and conspiracy after the trial court admitted a recorded phone call he made to his alleged drug supplier while in police custody without adequate Miranda warnings. The court reversed, holding that the phone call consti
• Morton v. State
  988 So. 2d 698· Fla. 1st DCA· 2008-08-08 ·cited 9×
  Michael Morton was convicted of felony hazing for participating in a fraternity initiation ritual where a victim was beaten with canes, resulting in serious injury requiring surgery. The appellate court reversed the conviction due to a defective jury instruction that impermissibl
• Darion Conner v. State
  987 So. 2d 130· Fla. 2d DCA· 2008-07-11 ·cited 9×
  Darion Conner appeals his DUI manslaughter conviction, challenging the admission of a graphic photograph of the victim's body and opinion testimony from a police DUI investigator. The appellate court reverses and remands for a new trial based solely on the improper admission of t
• Siplin v. State
  972 So. 2d 982· Fla. 5th DCA· 2007-12-28 ·cited 9×
  Gary Siplin appeals convictions for grand theft and misdemeanor violation of a campaign finance statute. The court reverses the grand theft conviction for insufficient evidence and reverses the misdemeanor conviction due to a missing mens rea jury instruction, though the misdemea
• Carrillo v. State
  962 So. 2d 1013· Fla. 3d DCA· 2007-08-08 ·cited 9×
  Raul Carrillo appeals his conviction for first-degree murder with a firearm and aggravated stalking with a firearm. The appellate court affirms, rejecting his challenge to the trial court's allowance of a peremptory strike against a male juror, finding the trial court properly co
• Elisha v. State
  949 So. 2d 271· Fla. 4th DCA· 2007-02-07 ·cited 9×
  The court held that the trial court erred in denying motions for mistrial based on the prosecutor's inflammatory comments and the admission of the defendant's request for an attorney.
• Fenster v. State
  944 So. 2d 477· Fla. 4th DCA· 2006-11-29 ·cited 9×
  Brett Fenster appeals his conviction for attempted second-degree murder, challenging the prosecutor's closing argument and his credit for time served. The appellate court found the prosecutor made multiple improper comments unsupported by evidence during closing argument that col
• Villanueva v. State
  917 So. 2d 968· Fla. 3d DCA· 2005-12-28 ·cited 9×
  Santiago Villanueva was convicted by jury of attempted second degree murder with a firearm after a bathroom confrontation at a bar. The appellate court affirmed the conviction despite improper character evidence introduced by prosecution witnesses, finding that curative instructi
• Johnson v. State
  917 So. 2d 226· Fla. 3d DCA· 2005-12-07 ·cited 9×
  The appellate court reviewed a robbery conviction where the defendant claimed mistaken identification, with the dissenting opinion arguing that the issues raised on appeal had merit.
• Williamson v. State
  894 So. 2d 996· Fla. 5th DCA· 2005-01-07 ·cited 9×
  The court held that the trial court did not err in denying the motion for mistrial because any error in sending unadmitted prior conviction documents to the jury was harmless beyond a reasonable doubt.
• Leerdam v. State
  891 So. 2d 1046· Fla. 2d DCA· 2004-09-17 ·cited 9×
  Clarence Leerdam appeals his convictions for attempted first-degree murder, armed burglary, and violating a protective injunction. The court addresses two issues: whether the trial court violated his right to counsel by denying him access to his attorney during a trial recess, an
• Ozzie Atkins v. State
  878 So. 2d 460· Fla. 3d DCA· 2004-07-28 ·cited 9×
  Ozzie Atkins was convicted of burglary and petit theft based solely on the victim's identification, despite significant physical discrepancies between the victim's description and Atkins' actual appearance. The court reversed the conviction because the prosecutor improperly shift
• Flores v. State
  872 So. 2d 441· Fla. 4th DCA· 2004-05-12 ·cited 9×
  Vincent Flores was convicted of lewd and lascivious molestation and battery on his stepdaughter based largely on testimony from a nurse practitioner about a healed hymen tear. The court reversed because the trial judge's Richardson hearing was inadequate to address whether the St
• Perez v. State
  856 So. 2d 1074· Fla. 5th DCA· 2003-10-17 ·cited 9×
  Rafael Perez appeals his convictions for drug trafficking, delivery, and possession of heroin and cocaine following an undercover drug operation. The Fifth District Court of Appeal affirms all convictions, rejecting Perez's arguments regarding evidentiary rulings, discovery viola
• Kearney v. State
  846 So. 2d 618· Fla. 4th DCA· 2003-05-28 ·cited 9×
  Wanda Kearney was convicted of perjury after being acquitted of unlawful interception charges. The Fourth District reversed her perjury conviction because the prosecutor improperly commented during closing argument on her Fifth and Fourth Amendment rights, and harmless error anal
• Russell v. State
  844 So. 2d 725· Fla. 5th DCA· 2003-05-09 ·cited 9×
  William Russell appeals his convictions for attempted burglary and petit theft arising from a Taco Bell robbery. The Florida Fifth District Court of Appeal affirms, finding that the trial court properly denied a mistrial motion and that any error in admitting testimony about a vi
• Rigoberto Perdomo v. State
  829 So. 2d 280· Fla. 3d DCA· 2002-10-09 ·cited 9×
  Rigoberto Perdomo was convicted of attempted first-degree murder, sexual battery, armed robbery, and armed burglary based primarily on DNA evidence. The appellate court reversed and remanded because the trial court erred in qualifying the state's DNA expert to testify regarding p
• Miller v. State
  804 So. 2d 609· Fla. 3d DCA· 2002-01-23 ·cited 9×
  The court held that the trial court abused its discretion by allowing the prosecutor to elicit and emphasize evidence of the defendant's prior incarceration for similar crimes, which prejudiced the defendant's right to a fair trial.
• Moore v. State
  798 So. 2d 50· Fla. 1st DCA· 2001-10-26 ·cited 9×
  Lawrence Moore appeals his conviction for drug trafficking and related offenses, challenging the admission of an inculpatory statement he made after invoking his right to silence. The court held that the police officer's questioning about clothing from the hotel room constituted
• Sommers v. State
  796 So. 2d 608· Fla. 2d DCA· 2001-09-21 ·cited 9×
  The court held that the trial court erred in summarily denying the defendant's motion for postconviction relief because two of his claims, regarding illegal sentences due to incorrect victim injury points and ineffective assistance of counsel for failing to object to those errors
• Ibur v. State
  765 So. 2d 275· Fla. 1st DCA· 2000-08-16 ·cited 9×
  The Florida District Court of Appeal reversed an order of involuntary hospitalization because the hearing officer denied the appellant the fundamental due process right to testify at his commitment hearing. The court held that involuntary commitment constitutes a substantial depr
• Larson v. State
  753 So. 2d 733· Fla. 2d DCA· 2000-03-22 ·cited 9×
  The court held that the trial court erred in admitting statements obtained from the defendant during custodial interrogation without Miranda warnings, as the officer's actions constituted interrogation.
• Lines VAL v. State
  741 So. 2d 1199· Fla. 4th DCA· 1999-09-22 ·cited 9×
• Pozo v. State
  682 So. 2d 1124· Fla. 1st DCA· 1996-09-24 ·cited 9×
  Tony Pozo appeals his conviction for second-degree murder and armed trespass. The court affirmed the convictions but vacated and remanded the sentences, holding that consecutive habitual felony offender sentences imposed for crimes committed during a single criminal episode const
• Erasmo Baldez v. State
  679 So. 2d 825· Fla. 4th DCA· 1996-08-21 ·cited 9×
  The court held that a prosecutor's improper argument commenting on the defendant's demeanor off the witness stand was not harmless error and required reversal.
• Vincente v. State
  669 So. 2d 1119· Fla. 3d DCA· 1996-03-20 ·cited 9×
  The court held that the trial court erred by excluding defense witnesses without a sufficient inquiry, and this error was not harmless.
• King v. Nat'l Sec. Fire & Cas. Co.
  656 So. 2d 1335· Fla. 4th DCA· 1995-06-14 ·cited 9×
  Leon Benjamin King sued his auto insurer, National Security Fire and Casualty Company, for bad faith failure to settle a third-party claim within policy limits. The appellate court reversed and remanded for a new trial, holding that the trial court erred in instructing the jury p
• Fundora v. State
  634 So. 2d 255· Fla. 3d DCA· 1994-03-29 ·cited 9×
  Fundora appeals his convictions for sexual battery, aggravated assault, battery, and armed burglary. The Florida appellate court reversed and remanded for a new trial because the trial court impermissibly allowed testimony commenting on the defendant's post-arrest silence, which
• United States v. Donaldson
  978 F.2d 381· 7th Cir.· 1992-10-28 ·cited 9×
  The court held that the identification procedures were not impermissibly suggestive and the admission of seized documents constituted harmless error. The Interstate Agreement on Detainers Act did not apply to the defendant's situation.
• Dixon v. State
  605 So. 2d 960· Fla. 2d DCA· 1992-10-02 ·cited 9×
  William Dixon was convicted of sexual battery on a child but appeals on the ground that the trial court impermissibly excluded evidence of the victim's prior sexual knowledge. The appellate court agrees and reverses, holding that the defendant's right to present a full defense an
• United States v. De la Jara
  973 F.2d 746· 9th Cir.· 1992-08-21 ·cited 9×
  The court held that the district court erred in denying the motion to suppress statements made after the defendant invoked his right to counsel, and that the admission of an attorney-client privileged letter was not reversible error because the privilege was waived.
• Young v. State
  591 So. 2d 651· Fla. 1st DCA· 1991-12-13 ·cited 9×
  Appellant Young was convicted after a jury trial of cocaine sale and possession with intent to sell. The appellate court reversed and remanded for a new trial because the trial judge was absent from the courthouse when the jury submitted questions during deliberation, which were
• United States v. Werme
  939 F.2d 108· 3d Cir.· 1991-07-30 ·cited 9×
  The court held that the indictment for conspiracy to violate the Travel Act was legally sufficient, and any errors in admitting guilty pleas or inquiring about extortion charges were harmless.
• Preston v. United States
  923 F.2d 731· 9th Cir.· 1991-01-16 ·cited 9×
  The court held that a judge's prior association with a law firm that represented a non-party with a potential indemnification claim against the government in the underlying litigation requires recusal under 28 U.S.C. § 455(b)(2) due to the appearance of partiality.
• Cordoba v. Hanrahan
  910 F.2d 691· 10th Cir.· 1990-08-02 ·cited 9×
  The court held that the appellant's statement made during a routine traffic stop investigation before arrest was not subject to Miranda warnings, and the admission of his refusal to take a blood alcohol test was harmless error.
• United States v. Reiter
  897 F.2d 639· 2d Cir.· 1990-02-26 ·cited 9×
  The court held that a defendant tried in absentia on a superseding indictment must be arraigned on that indictment if it is substantially different from the one previously arraigned upon, to ensure knowing waiver of the right to presence. The court also held that while counsel's
• United States v. Rhodes
  886 F.2d 375· D.C. Cir.· 1989-09-22 ·cited 9×
  The court held that admitting evidence of unrelated fraudulent checks constituted plain error, requiring reversal of convictions for bank fraud and forgery, but affirmed convictions for using a false social security number as the error was harmless for those counts.