Harmless Error Analysis

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

• Simeon v. State
  520 So. 2d 81· Fla. 3d DCA· 1988-02-16 ·cited 8×
  Alejandro Simeon was convicted of second degree murder in the shooting death of Juaros Pierre. The Florida District Court of Appeal reversed and remanded for a new trial because the trial judge erred in denying Simeon's motion for mistrial after the prosecution's key witness, Fel
• Perry v. Leeke
  832 F.2d 837· 4th Cir.· 1987-11-05 ·cited 8×
  The dissent argues that the Sixth Amendment guarantees the right to counsel, and any complete denial of counsel, even for a short period, is a violation that mandates a new trial without a showing of prejudice.
• United States v. Austin
  823 F.2d 257· 8th Cir.· 1987-07-15 ·cited 8×
  The court held that there was sufficient evidence to support the defendant's convictions for conspiracy to misapply bank funds, misapplication of bank funds, and making false entries in bank records.
• Clark v. Wood
  823 F.2d 1241· 8th Cir.· 1987-07-07 ·cited 8×
  The court affirmed the district court's denial of habeas corpus relief, finding no constitutional error in the state convictions despite various claims of due process and Sixth Amendment violations.
• Thomas v. Lynaugh
  812 F.2d 225· 5th Cir.· 1987-03-12 ·cited 8×
  The court held that the trial court's jury instruction on 'provoking the difficulty' was proper under Texas law, and the admission of 'have you heard' questions about prior arrests was harmless error, thus affirming the dismissal of the habeas corpus petition.
• United States v. Cleta Barrington
  806 F.2d 529· 5th Cir.· 1986-12-08 ·cited 8×
  The court affirmed the conviction, finding that while the admission of officer testimony was error, it was harmless, and the double jeopardy claim lacked merit.
• McGRIFF v. State
  497 So. 2d 1296· Fla. 3d DCA· 1986-11-18 ·cited 8×
  The appellate court affirmed the defendant's convictions for strong armed robbery and simple battery, finding no reversible error in his confession or the admission of photo identification testimony, but remanded for resentencing on the habitual offender status.
• Parker v. State
  495 So. 2d 1204· Fla. 3d DCA· 1986-09-30 ·cited 8×
  The court held that the trial court erred by refusing to reinstruct the jury on excusable homicide when the given instruction, read conjunctively instead of disjunctively, may have misled the jury.
• Harker v. State OF Md.
  800 F.2d 437· 4th Cir.· 1986-09-16 ·cited 8×
  The court held that while the police procedures in administering hypnosis were flawed, the identification of the defendant was sufficiently reliable apart from the hypnosis, rendering the error harmless.
• Middleton v. Harris Press & Shear, Inc.
  796 F.2d 747· 5th Cir.· 1986-08-11 ·cited 8×
  The court held that jury instructions regarding assumption of risk and employer negligence were harmless errors, and the exclusion of evidence of subsequent modifications and draft safety standards was proper.
• United States v. Barnes
  798 F.2d 283· 8th Cir.· 1986-08-05 ·cited 8×
  The court held that the trial court violated the defendant's Sixth Amendment right of confrontation by unduly limiting his cross-examination of a government agent regarding prior inconsistent statements about tape recordings, and this violation was not harmless error.
• Miller v. State
  485 So. 2d 1346· Fla. 5th DCA· 1986-03-27 ·cited 8×
  Miller was convicted of aggravated battery after the trial court allowed him to represent himself without conducting a proper Faretta inquiry to ensure his waiver of counsel was knowing and intelligent. The appellate court reversed and remanded for a new trial, holding that the t
• July A. Campbell v. The Coleman Co., Inc.
  786 F.2d 892· 8th Cir.· 1986-03-26 ·cited 8×
  The court held that admitting hearsay statements of a witness whose deposition was available, and allowing defense counsel to argue a negative inference from that witness's absence, constituted reversible error.
• DIX v. State
  485 So. 2d 38· Fla. 2d DCA· 1986-03-19 ·cited 8×
  Willie Dix appeals his conviction for robbery with a firearm. The Florida appellate court reverses and remands for a new trial, finding that evidence of other crimes was improperly admitted under Florida's Williams Rule because the other robberies shared insufficient similarities
• Clarissa Marsh v. Richardson
  781 F.2d 1201· 6th Cir.· 1986-01-23 ·cited 8×
  The Sixth Circuit held that the admission of a co-defendant's statement, even if redacted, violated the Confrontation Clause because it was powerfully incriminating and vital to the prosecution's case against the defendant, creating a substantial risk the jury considered it.
• United States v. Whaley
  781 F.2d 417· 5th Cir.· 1986-01-22 ·cited 8×
  Evidence obtained from a warrantless search of residential curtilage, even if contraband was in plain view from outside, is inadmissible unless an exception to the warrant requirement applies.
• United States v. Valencia
  773 F.2d 1037· 9th Cir.· 1985-10-08 ·cited 8×
  The admission of testimony regarding a defendant's refusal to sign a Miranda waiver form is an error of constitutional proportions, but can be deemed harmless if the evidence of guilt is overwhelming.
• Vaczek v. State
  477 So. 2d 1034· Fla. 5th DCA· 1985-10-03 ·cited 8×
  Patricia Vaczek was convicted of attempted first degree murder for stabbing a pregnant coworker. The appellate court reversed and remanded for a new trial, finding that the prosecutor violated a pretrial order by eliciting testimony about the victim's pregnancy, which was so infl
• United States v. Billingsley
  766 F.2d 1015· 7th Cir.· 1985-06-26 ·cited 8×
  The court held that the trial court improperly placed the burden of proof on the defendant to prove his unfitness to stand trial, requiring a remand for a new fitness determination. However, the court found no reversible error in the jury communication issue.
• United States v. Avery
  760 F.2d 1219· 11th Cir.· 1985-05-21 ·cited 8×
  The court held that Arthur Avery's perjury count was properly joined and severance was not warranted, but Alisa Avery's conviction must be reversed due to a Bruton violation from her father's grand jury testimony.
• United States v. Branson
  756 F.2d 752· 9th Cir.· 1985-03-29 ·cited 8×
  The court held that the prosecutor's references to the defendant's silence after being read his Miranda rights constituted plain error, violating his Fifth Amendment rights.
• United States v. Bolanle Lawal
  736 F.2d 5· 2d Cir.· 1984-04-26 ·cited 8×
  The trial court's exclusion of defendant's statements regarding his intent to cooperate and anger was error, but harmless, because the jury was already aware of significant cooperation and other strong evidence indicated the defendant's knowledge of the heroin.
• Gerassimos Vinieris v. Byzantine Mar. Corp.
  731 F.2d 1061· 2d Cir.· 1984-04-02 ·cited 8×
  The court held that a trial judge is not required to inform the jury of the penal consequences of a statute, and failure to do so is not reversible error.
• Dukes v. State
  442 So. 2d 316· Fla. 2d DCA· 1983-12-02 ·cited 8×
  Defendant Dukes was convicted of robbery after trial testimony from three defense witnesses about the state's key witness's bias was excluded. The appellate court reversed, holding that excluding corroborating testimony about the witness's motive to lie violated the defendant's r
• Anderson v. State
  439 So. 2d 961· Fla. 4th DCA· 1983-10-19 ·cited 8×
  Michael Anderson appealed his conviction for armed burglary and sexual battery of a thirteen-year-old boy. The appellate court affirmed his conviction, finding no abuse of discretion in denying his motion to withdraw counsel and finding any evidentiary error harmless in light of
• United States v. Thunder
  714 F.2d 765· 8th Cir.· 1983-07-29 ·cited 8×
  The court held that admitting pretrial statements of nontestifying codefendants that incriminated each other in a joint trial violated the Sixth Amendment right to confrontation, and this error was not harmless.
• United States v. Bader
  698 F.2d 553· 1st Cir.· 1983-01-24 ·cited 8×
  The court held that the defendants' convictions for violating federal building regulations were valid, rejecting claims of insufficient proof, First Amendment violations, and procedural errors regarding counsel rights.
• Lewis v. State
  419 So. 2d 337· Fla.· 1982-09-02 ·cited 8×
  The Florida Supreme Court held that a trial court's failure to instruct the jury on minimum and maximum penalties for the primary offense charged constitutes harmless error when the defendant is convicted of a lesser included offense, as the penalty information could not have ben
• Goodman v. State
  418 So. 2d 308· Fla. 1st DCA· 1982-07-23 ·cited 8×
  Charles Goodman appeals his jury convictions for burglary of a structure and petit theft. The Florida District Court of Appeal affirms, finding that a witness's testimony about threats made by Goodman was admissible to show consciousness of guilt, and that any error in cross-exam
• Tweety v. Mitchell
  682 F.2d 461· 4th Cir.· 1982-06-10 ·cited 8×
  The dissenting judge would grant the writ of habeas corpus, finding that a jury instruction violated constitutional rights and that the procedural bar of a contemporaneous objection rule was improperly applied.
• United States v. Miller
  676 F.2d 359· 9th Cir.· 1982-05-03 ·cited 8×
  The court held that mailings incidental to a fraudulent scheme can satisfy the mail fraud statute if their use is reasonably foreseeable, and that statements suppressed under Miranda can be used for impeachment if voluntary and related to direct testimony.
• Johnson v. Wyrick
  653 F.2d 1234· 8th Cir.· 1981-07-20 ·cited 8×
  The court held that the district court correctly denied the petition for a writ of habeas corpus, affirming the denial of relief.
• United States v. Alphonse Lewis, Jr.
  651 F.2d 1163· 6th Cir.· 1981-06-19 ·cited 8×
  The court held that the defendant waived objections to the agent's testimony by failing to object promptly, and the prosecutor's isolated remark in closing argument was not prejudicial.
• United States v. Ezzell
  644 F.2d 1304· 9th Cir.· 1981-05-11 ·cited 8×
  The court held that the inadvertent admission of evidence that the appellant was an escapee and the improper admission of evidence of another robbery were harmless errors because other properly admitted evidence, including eyewitness identification, overwhelmingly supported the c
• McKenzie v. Montana
  449 U.S. 1050· U.S.· 1980-12-08 ·cited 8×
• Aldwina Johnson v. State
  388 So. 2d 1088· Fla. 3d DCA· 1980-10-07 ·cited 8×
  Aldwina Johnson was convicted of trafficking in stolen property after automobiles she possessed were found to be stolen. The Florida appellate court reversed her conviction because the trial court erroneously excluded exculpatory hearsay evidence—Smith's statement explaining the
• United States v. Sikora
  635 F.2d 1175· 6th Cir.· 1980-07-21 ·cited 8×
  Statements made during plea negotiations initiated by the government are inadmissible under Rule 410, and evidence obtained after the Sixth Amendment right to counsel attaches is inadmissible under Massiah.
• United States v. Delvin A. Bates
  617 F.2d 585· 10th Cir.· 1980-03-26 ·cited 8×
  The court held that the district court erred in denying the defendant access to the juvenile witness's transcript, as the Confrontation Clause and statutory exceptions permit disclosure of exculpatory or impeachment material.
• Hayes v. State
  368 So. 2d 374· Fla. 4th DCA· 1979-02-14 ·cited 8×
  Thomas Hayes was convicted of both first-degree murder and sexual battery arising from the same fatal assault on an elderly woman. The court reversed the sexual battery conviction as a lesser included offense of murder, but affirmed the murder conviction and rejected Hayes's clai
• Patterson v. McCARTHY
  581 F.2d 220· 9th Cir.· 1978-08-28 ·cited 8×
  The court held that limiting cross-examination regarding a key witness's parole status violated the defendant's Sixth Amendment right to confrontation.
• Randolph v. Parker
  575 F.2d 1178· 6th Cir.· 1978-05-19 ·cited 8×
  The court held that the admission of co-defendants' confessions in a joint trial, where the co-defendants did not testify and were not subject to cross-examination, violated the Sixth Amendment's Confrontation Clause under Bruton v. United States, and this violation could not be
• White v. State
  356 So. 2d 56· Fla. 4th DCA· 1978-03-14 ·cited 8×
  Ernest White was convicted of burglary and sentenced to fifteen years imprisonment after the trial court erroneously excluded his own testimony regarding his whereabouts on the night of the crime, preventing him from presenting an alibi defense. The Florida appellate court revers
• Aharon RON v. Wilkinson
  565 F.2d 1254· 2d Cir.· 1977-11-21 ·cited 8×
  The court held that the district court erred in sua sponte dismissing the habeas corpus petition without requiring an answer or conducting a hearing, as the petitioner raised substantial claims regarding denial of representation and due process.
• Rawleigh Flowers v. State
  348 So. 2d 602· Fla. 4th DCA· 1977-07-01 ·cited 8×
  Rawleigh Flowers was convicted after a trial, but the trial court responded to a jury question without notice to the defendant or his counsel, in violation of Florida Criminal Procedure Rule 3.410. The appellate court reversed and remanded for a new trial because the error could
• Caldwell v. State
  340 So. 2d 490· Fla. 2d DCA· 1976-12-01 ·cited 8×
  Kenneth Caldwell appealed his convictions for involuntary sexual battery, robbery, and breaking and entering while armed. The court reversed the involuntary sexual battery conviction due to a procedural error in how the trial judge responded to jury questions, but affirmed the ot
• United States v. Nussen
  531 F.2d 15· 2d Cir.· 1976-01-30 ·cited 8×
  The court held that the government's use of a defendant's self-incriminating statements, obtained after a blanket promise of immunity from a government agent, violated the defendant's Fifth Amendment privilege against self-incrimination, even when used for rebuttal.
• Pitts v. State
  315 So. 2d 531· Fla. 2d DCA· 1975-07-02 ·cited 8×
  The court held that excluding testimony regarding a witness's reputation for truth and veracity in a former community was reversible error.
• United States v. Watts
  513 F.2d 5· 10th Cir.· 1975-03-17 ·cited 8×
  The court held that while the failure to provide written notice to the parents of the juvenile's right to counsel was a constitutional error, it was harmless beyond a reasonable doubt given the circumstances.
• Hall v. State
  309 So. 2d 226· Fla. 2d DCA· 1975-03-14 ·cited 8×
  Carl J. Hall appeals his guilty plea conviction for uttering forged instruments, challenging whether the trial court ascertained a factual basis for his plea as required by Florida Criminal Procedure Rule 3.170(j). The appellate court affirmed, holding that the trial court proper
• United States v. Munn
  507 F.2d 563· 10th Cir.· 1974-12-16 ·cited 8×
  The court held that the trial court did not err in denying the motion for acquittal, nor in sequestering the defendant, and that the larceny conviction merged with the robbery conviction.