Harmless Error Analysis

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

• United States v. Soriano
  880 F.2d 192· 9th Cir.· 1989-07-12 ·cited 9×
  The court held that mail fraud convictions based on a scheme to defraud citizens of their intangible right to honest government are invalid under McNally v. United States, but Soriano's Hobbs Act conviction was valid.
• Brown v. State
  523 So. 2d 729· Fla. 1st DCA· 1988-04-12 ·cited 9×
  Danny Ray Brown appeals his convictions for attempted sexual battery and commission of a lewd act upon a child less than twelve years old, challenging the admission of expert testimony that the victim was sexually abused. The court affirmed, holding that the expert's opinion was
• Brown v. Dugger
  831 F.2d 1547· 11th Cir.· 1987-11-13 ·cited 9×
  The court held that limiting cross-examination into a witness's potential deal with the state violated the Confrontation Clause and was not harmless error.
• Rosenfeld v. Dunham
  820 F.2d 52· 2d Cir.· 1987-06-01 ·cited 9×
  The court held that the state appellate court's written opinion, which considered the defendant's remaining contentions and found they did not merit reversal, indicated a review on the merits, thus allowing federal habeas review of the jury instruction claim.
• Welker v. State
  504 So. 2d 802· Fla. 1st DCA· 1987-04-01 ·cited 9×
  Paul Welker appeals his cocaine distribution conviction, challenging both the trial court's departure from sentencing guidelines and the admission of tape recordings of conversations with a confidential informant. The appellate court reverses and remands, finding all four sentenc
• United States v. Schuler
  813 F.2d 978· 9th Cir.· 1987-03-26 ·cited 9×
  The dissenting judge argues that a prosecutor's comment on a defendant's courtroom demeanor, specifically laughter, is permissible evidence if relevant to the defendant's mental state, not just character, and that such a comment does not rise to the level of a due process violati
• United States v. Spurlock
  811 F.2d 1461· 11th Cir.· 1987-03-09 ·cited 9×
  The court held that an improper conversation between a juror and his mother regarding the defendant's guilt, while improper, did not constitute reversible error because it did not pose a reasonable probability of prejudice to the defendant.
• Nerison v. Solem
  715 F.2d 415· 8th Cir.· 1983-08-24 ·cited 9×
  The court held that federal habeas corpus review is barred by procedural default for claims not raised in state court, absent a showing of cause and prejudice, and that the denial of a continuance or substitution of counsel was not an abuse of discretion absent prejudice.
• Allen v. State
  243 So. 2d 448· Fla. 1st DCA· 1971-01-28 ·cited 9×
  Johnny Lee Allen appeals his second-degree murder conviction, arguing that the trial court erred by denying his request to inspect police officer notes used to refresh the officer's testimony. The Florida First District Court of Appeal holds that denying a defendant access to not
• Arias v. State
  413 So. 3d 999· Fla. 3d DCA· 2025-06-18 ·cited 8×
  Jonathan Arias appealed the denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a), arguing that Florida's enhanced sentencing statutes were facially unconstitutional under Erlinger v. United States. The Third District Court of Appea
• R.J. Reynolds Tobacco Co. & Philip Morris USA, Inc. v. Neff
  325 So. 3d 872· Fla. 4th DCA· 2021-07-14 ·cited 8×
  R.J. Reynolds and Philip Morris appealed a $10 million wrongful death verdict (compensatory and punitive damages) in a smoking-related lung cancer case. The court reversed and remanded due to multiple improper arguments made by plaintiff's counsel during closing arguments that th
• United States v. Van Buren
  940 F.3d 1192· 11th Cir.· 2019-10-10 ·cited 8×
  The Eleventh Circuit held that the jury instructions for honest-services fraud were fatally flawed because they did not adequately define 'official act' by analogy to formal governmental actions like lawsuits or hearings, requiring a new trial on that count.
• Harvey v. State
  260 So. 3d 906· Fla.· 2018-11-15 ·cited 8×
  Harold Lee Harvey, Jr. appeals the summary denial of his successive postconviction motion seeking to vacate his 1986 death sentences. The Florida Supreme Court affirmed the denial, holding that Harvey's intellectual disability claim was untimely and that he was ineligible for Hur
• Lammons v. State
  246 So. 3d 524· Fla. 3d DCA· 2018-05-09 ·cited 8×
  Although the prosecutor's characterization of defense counsel's closing argument as employing "tactic" constituted improper denigration of the defense, the error was harmless beyond a reasonable doubt because the comment was isolated, corroborating evidence existed, the jury rece
• Wilson v. State
  242 So. 3d 484· Fla. 2d DCA· 2018-04-04 ·cited 8×
  A suspect subjected to custodial interrogation must receive Miranda warnings before questioning begins. When a suspect explicitly requests counsel, officers must cease questioning and allow consultation with an attorney; offering a supervisor's advice as a substitute does not sat
• Brookins v. State
  228 So. 3d 31· Fla.· 2017-04-20 ·cited 8×
  Elijah Brookins was convicted of first-degree murder for stabbing a fellow inmate 26 times on a DOC transport bus. The Florida Supreme Court affirmed the conviction but vacated the death sentence and remanded for a new penalty phase, finding the jury's 10-2 death recommendation v
• Fredrick Livingston v. State
  219 So. 3d 911· Fla. 2d DCA· 2017-03-31 ·cited 8×
  Fredrick Livingston appeals his robbery conviction, challenging the trial court's admission of out-of-court descriptions of the suspect provided by the victim to deputies. The appellate court affirms, finding that while the descriptions constituted hearsay, Livingston failed to c
• Rolle v. State
  215 So. 3d 75· Fla. 3d DCA· 2016-10-13 ·cited 8×
  Andrew Rolle appeals his convictions for first degree murder, attempted first degree murder, and attempted second degree murder, arguing the trial court abused its discretion regarding detective testimony, evidentiary rulings, and cross-examination limitations. The Florida Third
• United States v. Wilchcombe
  838 F.3d 1179· 11th Cir.· 2016-10-04 ·cited 8×
  Three defendants were convicted of maritime drug trafficking and conspiracy under the Maritime Drug Law Enforcement Act (MDLEA) after their fishing vessel was intercepted by the Coast Guard carrying approximately 895 kilograms of cocaine and marijuana. The Eleventh Circuit affirm
• Musson v. State
  184 So. 3d 575· Fla. 2d DCA· 2016-01-22 ·cited 8×
  Vanessa Musson was convicted of multiple crimes including kidnapping, but the appellate court reversed her kidnapping conviction due to the trial court's improper exclusion of a defense witness's testimony that would have impeached the credibility of the State's key witness by sh
• Darius Duquan Bussey v. State
  184 So. 3d 1138· Fla. 2d DCA· 2015-10-14 ·cited 8×
  Darius Bussey appeals his first-degree murder conviction, challenging the trial court's denial of his motion to suppress custodial statements he made to detectives in Georgia. The appellate court reversed the conviction, finding that the detectives' repeated references to the dea
• Johnson v. State
  177 So. 3d 1005· Fla. 1st DCA· 2015-10-12 ·cited 8×
  Yvonne Marie Johnson was convicted of three counts of criminal use of personal identification, but the appellate court reversed due to improper prosecutorial bolstering of a government witness's credibility and contradictory jury instructions regarding whether venue was an elemen
• Plasencia v. State
  170 So. 3d 865· Fla. 2d DCA· 2015-07-17 ·cited 8×
  Jose Raul Plasencia appeals the postconviction court's summary denial of his successive motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a), which imposed a 30-year upward departure sentence. The court holds that Plasencia's Apprendi/Blakely cl
• Cunningham v. State
  159 So. 3d 275· Fla. 4th DCA· 2015-03-04 ·cited 8×
  The court held that the trial court erred in refusing to give a justifiable use of non-deadly force jury instruction when there was conflicting evidence regarding the process server's actions and the nature of the force used.
• Kevan Boyles v. A & G Concrete Pools, Inc.
  149 So. 3d 39· Fla. 4th DCA· 2014-07-02 ·cited 8×
  In a personal injury case arising from a rear-end motor vehicle accident, the Fourth District affirmed a jury verdict for the defendants despite the plaintiff's claims that the court erred in admitting defense expert testimony regarding surgical necessity and in denying his motio
• Felton v. State
  120 So. 3d 126· Fla. 4th DCA· 2013-08-14 ·cited 8×
  The Fourth District Court of Appeal reversed Felton's robbery and battery convictions, holding that the trial court erred by allowing the prosecution to call a witness (Catherine Fields) solely for the purpose of impeaching her with a prior inconsistent statement that she had rep
• Savage v. State
  99 So. 3d 1001· Fla. 1st DCA· 2012-11-07 ·cited 8×
  The trial court erred by excluding evidence of the victim's prior specific acts of violence, which was relevant to the defendant's claim of self-defense.
• Benjamin v. Tandem Healthcare, Inc.
  93 So. 3d 1076· Fla. 4th DCA· 2012-06-27 ·cited 8×
  In this wrongful death case against a nursing home, the Fourth District Court of Appeal reversed and remanded for a new trial on the issue of whether testimony from a kitchen worker regarding statements about a resident choking should have been admitted, while affirming the trial
• Markinsey Metayer v. State
  89 So. 3d 1003· Fla. 4th DCA· 2012-05-23 ·cited 8×
  Markinsey Metayer was convicted of first-degree murder in a triple shooting that killed Adam Jacobs and wounded two others. The appellate court reversed his conviction because the trial court abused its discretion in admitting evidence of a .40 caliber pistol and .45 caliber ammu
• McLAUGHLIN v. State
  79 So. 3d 226· Fla. 4th DCA· 2012-02-15 ·cited 8×
  Timothy McLaughlin was convicted of lewd or lascivious molestation of two child victims under age twelve. The Fourth District Court of Appeal reversed and remanded for a new trial, holding that the trial court erred by placing a screen between the defendant and child witnesses du
• Roussonicolos v. State
  59 So. 3d 238· Fla. 4th DCA· 2011-03-30 ·cited 8×
  The trial court reversibly erred in ruling that a co-defendant's prior sworn testimony, which tended to exonerate the defendant, was inadmissible hearsay.
• Stallworth v. State
  53 So. 3d 1163· Fla. 1st DCA· 2011-02-07 ·cited 8×
  Frederick Stallworth appealed his drug trafficking conviction, challenging the trial court's allowance of extensive questioning of a defense witness (his uncle) about the specific details of his prior felony convictions. The First District Court of Appeal reversed, holding that o
• Williams v. State
  48 So. 3d 192· Fla. 2d DCA· 2010-12-01 ·cited 8×
  James Arthur Williams appeals his convictions for aggravated battery, possession of cocaine, and felonious possession of a concealed weapon. The court affirmed the aggravated battery and cocaine convictions but reversed the concealed weapon conviction because the jury was instruc
• Astor Burpee Henry v. State
  42 So. 3d 328· Fla. 2d DCA· 2010-08-13 ·cited 8×
  The court held that the trial court committed reversible error by failing to conduct a Richardson hearing when the State sought to qualify an officer as an expert witness without proper pretrial discovery notice.
• COX v. State
  26 So. 3d 666· Fla. 4th DCA· 2010-01-27 ·cited 8×
  Dennis Cox appeals his convictions for robbery with a firearm and attempted second-degree murder after law enforcement obtained incriminating statements in violation of his Sixth Amendment right to counsel. The court reversed, finding that detectives deliberately created a false
• McDANIEL v. Brown
  558 U.S. 120· U.S.· 2010-01-11 ·cited 8×
  A federal habeas court's sufficiency-of-the-evidence analysis must be confined to evidence presented at trial, excluding post-trial evidence like the Mueller Report.
• Rich v. State
  18 So. 3d 1227· Fla. 4th DCA· 2009-10-07 ·cited 8×
  The trial court's admission of testimony and argument regarding the defendant's use of a racial slur, while erroneous, constituted harmless error because it did not contribute to the verdict.
• Robinson v. State
  982 So. 2d 1260· Fla. 1st DCA· 2008-06-02 ·cited 8×
  Robert Robinson appealed his DUI conviction for causing serious bodily injury, challenging the trial court's admission of lay opinion testimony about horizontal gaze nystagmus (HGN) test results. The Florida First District Court of Appeal reversed and remanded for a new trial, ho
• Diaz v. State
  980 So. 2d 1275· Fla. 4th DCA· 2008-05-14 ·cited 8×
  Diaz appeals denial of post-conviction relief based on ineffective assistance of counsel for failing to object to child hearsay testimony. The court affirms, holding that under Strickland v. Washington and Carratelli v. State, a defendant claiming ineffective assistance for failu
• Perez v. State
  980 So. 2d 1126· Fla. 3d DCA· 2008-03-19 ·cited 8×
  The court affirmed a defendant's convictions and sentence for attempted second-degree murder with a firearm and aggravated battery, finding that his post-arrest statements were admissible and that the trial court did not err in denying his motion to suppress.
• Saturnino Esteban v. State
  967 So. 2d 1095· Fla. 4th DCA· 2007-11-14 ·cited 8×
  Saturnino Esteban appeals his conviction for sexual battery and false imprisonment, challenging the trial court's exclusion of evidence that the victim was a prostitute and the admission of hearsay testimony that the victim knew her attacker. The appellate court affirms, holding
• Wells v. State
  967 So. 2d 418· Fla. 1st DCA· 2007-10-30 ·cited 8×
  Albert Wells appealed his sexual battery conviction, arguing the trial court erred in instructing the jury on the theory of principals liability. The appellate court affirmed the denial of Wells's motion for judgment of acquittal but reversed and remanded for a new trial, finding
• Deontae Thomas v. State
  959 So. 2d 427· Fla. 2d DCA· 2007-06-27 ·cited 8×
  Deontae Thomas was convicted of first-degree murder in the shooting death of Bernard Johnson and sentenced to life in prison. The Florida District Court of Appeal, Second District reversed and remanded for a new trial, holding that the trial was improperly tainted by extensive co
• Tenn. Secondary Sch. Athletic Ass'n v. Brentwood Acad.
  551 U.S. 291· U.S.· 2007-06-21 ·cited 8×
  The concurring opinion agrees with the judgment but disagrees with the principal opinion's reliance on Ohralik v. Ohio State Bar Assn. for regulating speech.
• Williams v. State
  947 So. 2d 517· Fla. 3d DCA· 2006-12-20 ·cited 8×
  Michael Williams was convicted of murdering his sister's ex-boyfriend. On appeal, Williams challenged the admission of the victim's dying declaration identifying him as the shooter and the prosecutor's reference in opening statement to evidence that was never introduced. The Thir
• Coverdale v. State
  940 So. 2d 558· Fla. 2d DCA· 2006-10-27 ·cited 8×
  Keith Coverdale was convicted of aggravated stalking in violation of Florida law after allegedly violating a domestic violence injunction by repeatedly contacting his ex-partner. The appellate court reversed and remanded for a new trial, finding that the trial court abused its di
• Rowley v. State
  939 So. 2d 298· Fla. 4th DCA· 2006-10-18 ·cited 8×
  Clara Rowley appealed her conviction for fleeing and eluding a police officer, arguing the trial court erroneously restricted her cross-examination of an officer regarding alleged bias stemming from a prior incident (the "Pomeroy matter"). The Florida Fourth District Court of App
• Shermer v. State
  935 So. 2d 74· Fla. 4th DCA· 2006-08-02 ·cited 8×
  Roy Shermer was convicted of multiple counts of capital sexual battery and lewd and lascivious molestation involving four child victims. The appellate court reversed, holding that the trial court abused its discretion by denying Shermer's motion to sever charges involving differe
• Rodgers v. State
  934 So. 2d 1207· Fla.· 2006-06-29 ·cited 8×
  Jeremiah Martel Rodgers appeals his conviction and death sentence for the murder of Jennifer Robinson. The Florida Supreme Court affirmed the conviction based on Rodgers' guilty plea but reversed the death sentence and ordered a new penalty phase, finding that the trial court err
• Mohr v. State
  927 So. 2d 1031· Fla. 2d DCA· 2006-05-10 ·cited 8×
  Peter Mohr, convicted of sexual battery, sought relief for ineffective assistance of appellate counsel for failing to challenge the trial court's admission of a detective's videotaped interview statements that were highly prejudicial and expressed the detective's personal opinion