Harmless Error Analysis

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

• Earvin Ealy, Jr. v. State
  915 So. 2d 1288· Fla. 2d DCA· 2005-12-21 ·cited 8×
  Earvin Ealy, Jr. was convicted of robbery and kidnapping based primarily on fingerprint evidence. The Florida appellate court reversed and remanded for a new trial because the prosecutor made repeated improper comments during closing argument that shifted the burden of proof to t
• Sutton v. State
  909 So. 2d 292· Fla. 3d DCA· 2005-08-10 ·cited 8×
  Jeffrey L. Sutton appeals his second-degree murder conviction. The Florida District Court of Appeal affirms the conviction, finding that a hearsay error was harmless and that the trial court properly rejected a requested jury instruction about scrutinizing an eyewitness's credibi
• Mattia v. State
  907 So. 2d 683· Fla. 2d DCA· 2005-07-29 ·cited 8×
  Richard Michael Mattia appealed his convictions and sentences, challenging the trial court's denial of his motion to withdraw his guilty plea. The court affirmed the convictions and sentences but reversed the order denying the motion to withdraw plea because the trial court condu
• Wanda and Eric Teat v. City OF Apalachicola
  880 So. 2d 819· Fla. 1st DCA· 2004-08-13 ·cited 8×
  The Teats appealed a trial court's order awarding attorney's fees, arguing the court failed to specify the hourly rate, number of hours, and adjustment factors used in calculating the award. The appellate court held that while sufficient evidence supported the fee award, the tria
• Sneed v. State
  876 So. 2d 1235· Fla. 3d DCA· 2004-06-16 ·cited 8×
  Timothy Sneed appeals his second-degree murder conviction, challenging the trial court's admission of hospital records obtained by police without following statutory procedures. The Florida appellate court reverses the conviction, holding that the police did not act in good faith
• Scipio v. State
  867 So. 2d 427· Fla. 5th DCA· 2004-01-23 ·cited 8×
  Stephen Scipio appeals his conviction for first-degree murder, challenging a discovery violation where the state failed to disclose that a defense witness (an investigator) changed his testimony immediately before trial. The court affirms the conviction, finding the discovery vio
• Miller v. State
  852 So. 2d 904· Fla. 4th DCA· 2003-08-13 ·cited 8×
  The court notes that prior rulings require a hearing on claims of ineffective assistance of counsel for failure to object to prison garb or restraints.
• McQUEEN v. State
  848 So. 2d 1220· Fla. 1st DCA· 2003-07-08 ·cited 8×
  The court held that even if the admission of expert testimony concerning the likelihood to reoffend was error, it was harmless error on the record presented.
• Wilburn v. State
  840 So. 2d 384· Fla. 2d DCA· 2003-03-19 ·cited 8×
  Darryl Wilburn was convicted of aggravated assault with a firearm and shooting into an occupied vehicle. The appellate court affirmed the shooting conviction but reversed the aggravated assault conviction because the information charging him did not allege all elements of that of
• Williams v. State
  834 So. 2d 923· Fla. 3d DCA· 2003-01-15 ·cited 8×
  The court affirmed the conviction and sentence, finding no abuse of discretion in admitting a photograph of the victim.
• Shaw v. State
  831 So. 2d 772· Fla. 4th DCA· 2002-12-04 ·cited 8×
  Charles Shaw was convicted of battery on a law enforcement officer and resisting arrest after the trial court excluded evidence of his excessive force complaint against the arresting officers. The Fourth District Court of Appeal reversed, holding that the exclusion violated Shaw'
• Lynch v. State
  829 So. 2d 371· Fla. 4th DCA· 2002-11-06 ·cited 8×
  Brett Lynch appealed his convictions for aggravated fleeing and eluding and grand theft of a motor vehicle, arguing the trial court erred by denying a special jury instruction that mere presence as an after-acquired passenger in a stolen vehicle with knowledge of theft is insuffi
• Simpson v. State
  824 So. 2d 280· Fla. 4th DCA· 2002-08-21 ·cited 8×
  The court held that while the trial court erred in allowing the prosecutor to bolster the testimony of a witness before impeachment, the error was harmless beyond a reasonable doubt.
• Lynnie R. Clary v. State
  818 So. 2d 686· Fla. 5th DCA· 2002-06-14 ·cited 8×
  The court held that a defendant's plea and sentencing are fatally flawed if entered without the assistance of counsel and without a proper inquiry into a knowing and intelligent waiver of counsel.
• In re Commitment of Joseph Green v. State
  826 So. 2d 351· Fla. 2d DCA· 2002-05-08 ·cited 8×
  Joseph Green appeals his civil commitment as a sexually violent predator under Florida law, challenging the admission of actuarial instruments used to predict future sexual dangerousness. The court affirmed the commitment, finding that even if the actuarial evidence was inadmissi
• Baker v. State
  804 So. 2d 564· Fla. 1st DCA· 2002-01-18 ·cited 8×
  Willie Baker appeals his conviction for sexual battery with a child under 16, arguing the trial court erred in excluding evidence that the victim had falsely accused others of sexual crimes in the past. The court affirmed, finding any evidentiary error harmless beyond a reasonabl
• Jack v. Bass
  801 So. 2d 975· Fla. 5th DCA· 2001-12-07 ·cited 8×
  The court held that the state's use of the presumption of impairment was not harmless error when the blood sample handling was not adequately proven, likely contributing to the jury's verdict.
• Knowles v. State
  800 So. 2d 259· Fla. 2d DCA· 2001-10-10 ·cited 8×
  Knowles appeals his first-degree murder conviction on three grounds, primarily challenging the admission of testimony by a clinical psychologist retained by the defense to evaluate his sanity, arguing this violated his attorney-client privilege and privilege against self-incrimin
• Pollard v. State
  780 So. 2d 1015· Fla. 4th DCA· 2001-03-28 ·cited 8×
  Wanda Pollard was convicted of first-degree murder and home invasion robbery based partly on statements she made to police without Miranda warnings. The appellate court reversed her conviction, holding that she was in custody when interrogated and that the admission of her pre-Mi
• Geske v. State
  770 So. 2d 252· Fla. 5th DCA· 2000-10-27 ·cited 8×
  Scott Geske appealed his conviction for sexual battery and false imprisonment, arguing the trial court erred in admitting similar fact evidence and striking his amended alibi notices. The appellate court affirmed most convictions but reversed the false imprisonment conviction, fi
• Tylo Mullins v. State
  766 So. 2d 1136· Fla. 2d DCA· 2000-08-23 ·cited 8×
  Tylo Mullins appeals his convictions for first-degree murder and related crimes. The court affirms his convictions but identifies error in the trial court's refusal to allow a defense witness to change out of jail clothing before testifying, finding the error harmless beyond a re
• Bigham v. State
  761 So. 2d 431· Fla. 2d DCA· 2000-05-26 ·cited 8×
  Curtis Bigham appeals the denial of his postconviction relief motion, challenging his sentence as illegal due to a sentencing guidelines scoresheet error. The court reverses in part, finding that the trial court improperly assessed additional firearm possession points on his 1994
• Farrill v. State
  759 So. 2d 696· Fla. 2d DCA· 2000-04-14 ·cited 8×
  William Farrill appeals his convictions for capital sexual battery, arguing the trial court erred in admitting collateral evidence of a similar sexual battery on another child. The appellate court reversed, finding the charged and collateral offenses were not strikingly similar a
• Connelly v. State
  744 So. 2d 531· Fla. 2d DCA· 1999-10-15 ·cited 8×
  Steven Connelly was convicted of scheming to defraud banks through fraudulent property foreclosure practices. The Florida Second District Court of Appeal reversed his conviction and remanded for a new trial due to gross prosecutorial misconduct during voir dire, cross-examination
• Milburn v. State
  742 So. 2d 362· Fla. 2d DCA· 1999-08-18 ·cited 8×
  Michael Milburn was convicted of first-degree murder and attempted first-degree murder in the stabbing death of Anna Carter and attack on her daughter. The Florida appellate court reversed his first-degree murder conviction due to prosecutorial errors in closing argument regardin
• Bowles v. State
  742 So. 2d 821· Fla. 4th DCA· 1999-08-18 ·cited 8×
  The Florida Court of Appeal reversed appellant Bowles's conviction for aggravated battery, holding that the prosecutor impermissibly called two of Bowles's friends as witnesses solely to impeach them with prior inconsistent statements and inadmissible bad character evidence sugge
• Fonticoba v. State
  725 So. 2d 1244· Fla. 3d DCA· 1999-01-27 ·cited 8×
  Pedro Fonticoba was convicted of second-degree murder in the shooting death of his common-law wife. The court reversed his conviction and remanded for a new trial because the prosecutor violated a pretrial order by informing the jury during opening arguments that Fonticoba had fa
• Tyrel Jackson v. State
  723 So. 2d 319· Fla. 2d DCA· 1998-12-02 ·cited 8×
  Jackson was convicted of burglary, sexual battery, and kidnapping. The appellate court affirmed his convictions but expressed concern about the trial court's improper comments regarding courtroom procedures and its decision to prevent transcription of evidence, which complicated
• Gonse v. State
  713 So. 2d 1114· Fla. 2d DCA· 1998-07-24 ·cited 8×
  James Gonse appeals his conviction and sentence for DUI and driving with a suspended license. The appellate court affirmed his convictions but reversed and remanded for resentencing due to mathematical errors in the sentencing scoresheet and improper imposition of costs.
• Cook v. State
  714 So. 2d 1132· Fla. 1st DCA· 1998-07-15 ·cited 8×
  The court held that the prosecutor's improper comments on the defendant's post-arrest silence, despite being acknowledged as improper by the trial court, were not harmless error and warranted a new trial.
• Davis v. State
  711 So. 2d 1314· Fla. 2d DCA· 1998-06-03 ·cited 8×
  The court affirmed the burglary conviction and sentence, but remanded to correct the sentencing scoresheet and strike certain costs and fees imposed without proper procedure.
• Ellis v. State
  696 So. 2d 904· Fla. 4th DCA· 1997-07-02 ·cited 8×
  The court held that the trial court failed to establish on the record that the defendant was present during jury selection or knowingly waived that right, thus violating the dictates of Coney v. State.
• Evans v. State
  692 So. 2d 966· Fla. 5th DCA· 1997-04-25 ·cited 8×
  Jeffrey Evans was convicted of first-degree murder, armed robbery, and burglary based primarily on circumstantial evidence. The appellate court affirmed his conviction while finding that his statement upon arrest was erroneously admitted but constituted harmless error given the s
• Captain Buckner v. State
  689 So. 2d 1202· Fla. 3d DCA· 1997-03-12 ·cited 8×
  Captain Buckner was convicted of cocaine sale within 1000 feet of a school. He appealed, arguing the prosecutor improperly bolstered the credibility of the key witness (Sergeant Green) through comments during opening statement and closing argument. The court affirmed the convicti
• Spencer v. State
  693 So. 2d 1001· Fla. 4th DCA· 1997-03-05 ·cited 8×
  Leonard Spencer appealed his convictions from his fourth trial for multiple violent felonies, including two counts of first-degree murder, four counts of robbery with a firearm, and one count of attempted first-degree murder. The court affirmed most convictions but reversed and r
• Campbell v. State
  671 So. 2d 876· Fla. 4th DCA· 1996-04-17 ·cited 8×
  Timothy Campbell was convicted by jury of attempted first degree murder, robbery with a deadly weapon, and aggravated battery. The appellate court reversed the attempted first degree murder conviction because the jury may have relied on an instruction for the non-existent crime o
• White v. State
  664 So. 2d 242· Fla.· 1995-12-01 ·cited 8×
  Jerry White appeals the denial of his third Rule 3.850 motion for postconviction relief following his death sentence for a 1984 grocery store robbery and execution-style murder. The Florida Supreme Court affirmed the trial court's denial, finding his Brady claim failed the materi
• Gonnie Griner v. State
  662 So. 2d 758· Fla. 4th DCA· 1995-11-15 ·cited 8×
  The court held that evidence of a prior, separate criminal incident was inadmissible in the trial for a subsequent incident, as the crimes were not sufficiently distinctive or inextricably intertwined.
• Moton v. State
  659 So. 2d 1269· Fla. 4th DCA· 1995-08-30 ·cited 8×
  The Florida appellate court reversed a conviction for armed robbery and ordered a new trial after finding that the trial judge improperly questioned a key prosecution witness in a manner that violated the prohibition against judicial commentary on the weight of evidence and likel
• Ortiz v. State
  654 So. 2d 1002· Fla. 4th DCA· 1995-05-10 ·cited 8×
  The exclusion of testimony crucial to the defendant's entrapment defense was not harmless error, requiring a new trial for that defendant.
• Duk Tran v. State
  655 So. 2d 141· Fla. 4th DCA· 1995-04-26 ·cited 8×
  The Florida Fourth District Court of Appeal affirmed defendant's conviction for grand theft but reversed his convictions for attempted first degree murder and shooting into an occupied building due to prosecutorial misconduct. The state improperly suggested that witnesses were af
• Neville Jones v. State
  653 So. 2d 1110· Fla. 4th DCA· 1995-04-19 ·cited 8×
  A prosecutor's comment on a defendant's failure to call witnesses is improper if it misleads the jury regarding the burden of proof or violates the defendant's right to remain silent.
• Layman v. State
  652 So. 2d 373· Fla.· 1995-03-23 ·cited 8×
  Gregory Layman was convicted of first-degree murder for shooting his ex-girlfriend Sharon DePaula with a sawed-off shotgun. Though Layman confessed and insisted he wanted the death penalty, the Florida Supreme Court vacated his death sentence and remanded for life imprisonment be
• Yakob Dennis v. State
  649 So. 2d 263· Fla. 5th DCA· 1994-12-30 ·cited 8×
  Yakob Dennis appealed his convictions for attempted sexual battery on a child under 12 and capital sexual battery, challenging the trial court's admission of a redacted videotaped deposition showing the child's prior consistent statements. The appellate court affirmed, holding th
• Aundre Minnis v. State
  645 So. 2d 160· Fla. 4th DCA· 1994-11-23 ·cited 8×
  Aundre Minnis was convicted of manslaughter for shooting a victim. The Fourth District Court of Appeal reversed his conviction and remanded for a new trial due to the trial court's improper admission of hearsay evidence identifying him as the shooter.
• Schopp v. State
  641 So. 2d 141· Fla. 4th DCA· 1994-07-06 ·cited 8×
  The court held that the trial court erred by failing to conduct an inquiry into the circumstances and prejudice of an undisclosed prosecution witness testifying, mandating reversal and remand.
• Johnston v. Singletary
  640 So. 2d 1102· Fla.· 1994-06-23 ·cited 8×
  David Eugene Johnston, a death row inmate, challenged the constitutionality of the heinous, atrocious, or cruel jury instruction used at his 1984 sentencing after a federal habeas court found it infirm under Espinosa v. Florida. The Florida Supreme Court held the challenge proced
• Sibley v. State
  636 So. 2d 893· Fla. 5th DCA· 1994-05-20 ·cited 8×
  Scott Sibley was convicted of dealing in stolen property, but the trial court erroneously excluded his testimony about what Michael Smyth told him regarding ownership of the jewelry. The appellate court reversed and remanded because the excluded evidence was not hearsay and was c
• Orndorff v. A.L. Lockhart
  998 F.2d 1426· 8th Cir.· 1993-07-15 ·cited 8×
  The court held that the harmless error standard from Chapman v. California applies to this habeas case because the state courts did not have an opportunity to review the constitutional error. The court found the error harmless as to Richley and Holmes, but remanded for further co
• United States v. Dominguez
  992 F.2d 678· 7th Cir.· 1993-04-27 ·cited 8×
  The court held that the hearsay evidence identifying the substance as cocaine was improperly admitted and could not be considered harmless error.