Harmless Error Analysis

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

• United States v. Pearlie Donald Workman
  470 F.2d 151· 4th Cir.· 1972-12-07 ·cited 8×
  Convictions based on photographic identification procedures that are impermissibly suggestive, creating a substantial likelihood of irreparable misidentification, must be set aside.
• United States ex rel. Ronald Doss v. Bensinger
  463 F.2d 576· 7th Cir.· 1972-06-15 ·cited 8×
  The court held that the admission of evidence obtained through continued interrogation after the suspect invoked his right to remain silent, and the admission of the murder weapon found as a result, violated Miranda v. Arizona and was not harmless error.
• United States v. Marken
  457 F.2d 186· 9th Cir.· 1972-03-06 ·cited 8×
  The court held that the required order for a drug sale under 26 U.S.C. § 4705(a) can be demanded and received during the transaction, not necessarily before it. Additionally, ex parte communication between the judge and jury constitutes reversible error.
• Kaufman v. United States
  453 F.2d 798· 8th Cir.· 1971-12-23 ·cited 8×
  The court held that while the warrantless search of the car was unreasonable, any constitutional error was harmless beyond a reasonable doubt because the evidence obtained did not prejudice the defendant's insanity defense.
• United States ex rel. Robert J. Raymond v. People OF the State OF Ill.
  455 F.2d 62· 7th Cir.· 1971-12-10 ·cited 8×
  The court held that the combined pretrial identification procedures were so unnecessarily suggestive as to violate due process, and that the state's failure to disclose exculpatory laboratory test results to defense counsel also violated due process.
• United States v. Fueston
  426 F.2d 785· 9th Cir.· 1970-04-30 ·cited 8×
  The court held that while the evidence was sufficient to support a conviction, an unconstitutional presumption instruction required a new trial.
• United States v. Arden Renee Cale
  418 F.2d 897· 6th Cir.· 1969-11-25 ·cited 8×
  The court held that the admission of the husband's pretrial statement did not deny the appellant effective assistance of counsel or the right to cross-examination, and any error was harmless.
• United States v. Zubkoff
  416 F.2d 141· 2d Cir.· 1969-09-30 ·cited 8×
  The court held that while the trial judge erred by failing to exercise discretion in allowing the use of ancient prior convictions for impeachment, reversal is not required because the error was harmless given the strong evidence of guilt and the brief mention of the convictions.
• United States v. Greene
  400 F.2d 847· 6th Cir.· 1968-08-08 ·cited 8×
  The court held that highly prejudicial and irrelevant cross-examination tainted the proceedings, requiring reversal.
• Gov't of the Virgin Islands v. Meliah Bell
  392 F.2d 207· 3d Cir.· 1968-03-27 ·cited 8×
  A jury instruction allowing consideration of a defendant's failure to testify as evidence of guilt is erroneous and requires reversal, even in the Virgin Islands.
• See Baynum v. State
  Del. Super. Ct.· 2018-04-16 ·cited 7×
  The court recommended denying the defendant's motion for postconviction relief. While the court found that trial counsel's failure to request a lesser included offense instruction and appellate counsel's failure to raise the issue of the detective's opinion testimony on appeal co
• Sexton v. State
  221 So. 3d 547· Fla.· 2017-06-29 ·cited 7×
  John Sexton was convicted of first-degree murder in the brutal killing of 94-year-old Ann Parlato, with the jury recommending death by a 10-2 vote. The Florida Supreme Court affirmed the conviction based on overwhelming evidence including DNA, eyewitness identification, and Sexto
• Birlkey v. State
  220 So. 3d 431· Fla. 4th DCA· 2017-05-24 ·cited 7×
  George Birlkey appeals his probation violation conviction and 18-month sentence, arguing the trial court erred by failing to renew the offer of counsel before the sentencing phase. The Fourth District Court of Appeal agreed that sentencing is a critical stage requiring renewal of
• Baker v. State
  214 So. 3d 530· Fla.· 2017-03-23 ·cited 7×
  Cornelius Baker, sentenced to death for murder and related crimes, appealed the denial of his post-conviction motion and filed a habeas corpus petition. The Florida Supreme Court reversed the trial court's denial of post-conviction relief regarding the constitutionality of the pe
• Orton v. State
  212 So. 3d 377· Fla. 4th DCA· 2017-01-25 ·cited 7×
  Steven Orton was convicted of drug delivery and cannabis possession after an undercover operation. On appeal, Orton challenged testimony about typical beliefs of drug dealers, but the appellate court affirmed because Orton failed to preserve the relevancy objection at trial, havi
• Knight v. State
  267 So. 3d 38· Fla. 1st DCA· 2016-07-28 ·cited 7×
  Arnold Knight was convicted of attempted second-degree murder for severely beating his former girlfriend with a hydraulic jack handle. On appeal, the court addressed whether an erroneous jury instruction on attempted voluntary manslaughter—which incorrectly included an intent-to-
• Fajardo v. State
  193 So. 3d 1019· Fla. 4th DCA· 2016-06-08 ·cited 7×
  Pedro Fajardo appeals his conviction for attempted second degree murder. The Florida Fourth District Court of Appeal reversed and remanded for a new trial, holding that the trial court abused its discretion by precluding cross-examination of the key state witness about his immigr
• State v. Moore
  181 So. 3d 1186· Fla.· 2016-01-14 ·cited 7×
  The court discharged its jurisdiction and dismissed review of the case.
• Trolis Kirby v. State
  198 So. 3d 15· Fla. 2d DCA· 2015-07-10 ·cited 7×
  On remand from the Florida Supreme Court, the Second District Court of Appeal reaffirms its denial of Kirby's Rule 3.800(a) motion challenging his life sentence for sexual battery. Although the court's initial citation to Plott I was later deemed erroneous by the Supreme Court, t
• Melendez v. State
  135 So. 3d 456· Fla. 5th DCA· 2014-03-21 ·cited 7×
  Hector Melendez appealed his conviction for burglary, grand theft, and dealing in stolen property, challenging the admission of hearsay statements from codefendants and his dual conviction for theft and dealing in stolen property. The Fifth District reversed the burglary convicti
• State v. S.A.
  133 So. 3d 506· Fla.· 2014-02-13 ·cited 7×
  The Florida Supreme Court resolved a direct conflict between two District Courts of Appeal regarding how to calculate the speedy trial rule's recapture window in juvenile cases. The Court held that the recapture window consists of two separate time periods—up to 5 days for a hear
• Middleton v. State
  131 So. 3d 815· Fla. 1st DCA· 2014-02-07 ·cited 7×
  Roy Middleton was convicted of second-degree murder with a firearm by an eleven-person jury after a juror was dismissed mid-deliberations. He later obtained a new trial based on ineffective assistance of counsel, was retried, and convicted of first-degree murder. The court held t
• Cribbs v. State
  111 So. 3d 298· Fla. 1st DCA· 2013-04-22 ·cited 7×
  Gerald Cribbs was convicted of felony battery, but the Florida District Court of Appeal reversed because the prosecutor made improper comments during closing argument that shifted the burden of proof to the defense by suggesting the defense had an obligation to investigate the ca
• Bryant v. State
  102 So. 3d 704· Fla. 1st DCA· 2012-12-10 ·cited 7×
  The court held that the defendant was entitled to a jury instruction on consent as a defense to burglary because there was some evidence to support his claim of permission to enter the victim's residence.
• Jones v. Publix Super Mkts., Inc.
  114 So. 3d 998· Fla. 5th DCA· 2012-07-27 ·cited 7×
  The Joneses appealed a judgment in favor of Publix after Mr. Jones fell in a Publix store. The appellate court reversed and remanded, finding that Publix violated discovery rules by withholding a key witness's address for years, and that the trial court erred in excluding testimo
• Gregory Council v. State
  98 So. 3d 115· Fla. 1st DCA· 2012-07-19 ·cited 7×
  The trial court abused its discretion by excluding the testimony of a biomechanics expert regarding the causation of the victim's injuries, and this error was not harmless.
• Barcomb v. State
  68 So. 3d 412· Fla. 4th DCA· 2011-09-07 ·cited 7×
  Kevin Barcomb was convicted of felony driving with a revoked license after the trial court improperly allowed the prosecutor to impeach him about prior felony convictions based solely on an NCIC rap sheet without a certified copy of the conviction. The Fourth District reversed, h
• Federico Martin Bravo, II v. State
  65 So. 3d 621· Fla. 1st DCA· 2011-07-26 ·cited 7×
  Federico Martin Bravo II was convicted of aggravated assault with possession of a firearm. The Florida First District Court of Appeal reversed the conviction, holding that the trial court abused its discretion in allowing testimony and closing argument commentary regarding Bravo'
• Isaiah Deangelo Dortch v. State
  63 So. 3d 904· Fla. 1st DCA· 2011-06-20 ·cited 7×
  Isaiah Dortch appeals his convictions for fleeing police, resisting an officer, driving with suspended license, and leaving the scene of an accident. The court reversed because the trial judge improperly admitted hearsay evidence that the vehicle Dortch was driving had been stole
• Flournoy v. State
  47 So. 3d 403· Fla. 2d DCA· 2010-11-24 ·cited 7×
  Calvin Flournoy appeals his conviction and sentences, arguing the trial court violated his right to self-representation by denying his unequivocal request without conducting a Faretta inquiry. The court holds that even where a Faretta inquiry might appear futile due to the defend
• Sturdivant v. State
  84 So. 3d 1044· Fla. 1st DCA· 2010-09-07 ·cited 7×
  In this direct criminal appeal, the court reversed Sturdivant's convictions for first-degree felony murder and aggravated child abuse, finding that the common-law merger doctrine, as interpreted in Brooks v. State, precludes conviction for felony murder when the predicate aggrava
• Middleton v. State
  41 So. 3d 357· Fla. 1st DCA· 2010-07-23 ·cited 7×
  Middleton sought post-conviction relief for ineffective assistance of counsel after his murder conviction. The court held that counsel's failure to inform him of his right to move for mistrial when a juror was improperly removed during deliberations constituted prejudice under St
• Contreras-Mayahua v. State
  40 So. 3d 861· Fla. 4th DCA· 2010-07-14 ·cited 7×
  The court held that the erroneous jury instruction on manslaughter did not constitute fundamental error because the defendant was convicted of the lesser offense, not the greater offense, thus the instruction could not have prejudiced him.
• Chesser v. State
  30 So. 3d 625· Fla. 1st DCA· 2010-03-17 ·cited 7×
  Nicholas Chesser was convicted of two counts of DUI manslaughter after his vehicle crossed into oncoming traffic, killing two people. The Florida appellate court reversed and remanded for a new trial, holding that the trial court erred in allowing lay witnesses to testify about t
• Peterson v. State
  24 So. 3d 686· Fla. 2d DCA· 2009-12-18 ·cited 7×
  The trial court erred by excluding evidence of a key witness's bias and motive, and by refusing a special jury instruction relevant to the defendant's theory of defense.
• Sirron J. Johnson v. State
  18 So. 3d 623· Fla. 1st DCA· 2009-08-12 ·cited 7×
  Johnson appeals the denial of his motion to correct illegal sentences, challenging upward departure sentences imposed under Florida's sentencing guidelines as violating Apprendi and Blakely. The court held that although these decisions do not apply retroactively, they apply to re
• J.B.J. v. State
  17 So. 3d 312· Fla. 1st DCA· 2009-06-09 ·cited 7×
  A minor was adjudicated delinquent for sexual battery on a child under 12. The appellate court reversed and remanded for a new trial after finding the trial court abused its discretion by allowing a four-year-old alleged victim to testify without establishing she had a moral sens
• Ramirez v. State
  1 So. 3d 383· Fla. 4th DCA· 2009-02-04 ·cited 7×
  Juana Ramirez appealed her conviction for battery on a law enforcement officer, arguing the trial court erred by allowing the prosecution to shift the burden of proof during cross-examination by questioning why she failed to produce photographs of her injuries. The Fourth Distric
• Remor v. State
  991 So. 2d 957· Fla. 4th DCA· 2008-09-17 ·cited 7×
  The Fourth District Court of Appeal reversed Remor's convictions for attempted burglary and possession of burglary tools based on insufficient circumstantial evidence, finding the state failed to exclude reasonable hypotheses of innocence. The court affirmed only the conviction f
• Maynor E. Monnar v. State
  984 So. 2d 619· Fla. 1st DCA· 2008-06-16 ·cited 7×
  The court held that the record was insufficient to conduct a harmless error analysis, requiring a remand for the trial court to reexamine the appellant's claim.
• Elvis Chavers v. State
  964 So. 2d 790· Fla. 4th DCA· 2007-09-12 ·cited 7×
  The Fourth District Court of Appeal reversed Elvis Chavers's conviction for possession of cocaine and marijuana because the prosecutor made highly improper closing arguments suggesting that Chavers and his witness had conspired to fabricate their testimony by 'getting together' a
• Fonseca v. State
  956 So. 2d 1259· Fla. 4th DCA· 2007-05-30 ·cited 7×
  The court held that an ex parte communication with the trial court regarding jury instructions, while an error, was harmless beyond a reasonable doubt, and the evidence was sufficient to exclude the defendant's reasonable hypothesis of innocence.
• Veltre v. State
  957 So. 2d 47· Fla. 4th DCA· 2007-05-02 ·cited 7×
  Joseph Veltre was convicted of lewd and lascivious exhibition to a child and appealed on grounds that the trial court erred by allowing prejudicial hearsay testimony and denying his motions for mistrial. The Fourth District Court of Appeal affirmed the conviction, finding no abus
• Bradley v. S. Baptist Hosp. OF Fla., Inc.
  943 So. 2d 202· Fla. 1st DCA· 2006-10-25 ·cited 7×
  The court denied certiorari, holding that the trial judge did not depart from the essential requirements of law by finding the cause of action sounded in ordinary negligence rather than medical malpractice, thus not requiring presuit notice under chapter 766.
• Bartee v. State
  922 So. 2d 1065· Fla. 5th DCA· 2006-03-17 ·cited 7×
  Charles Bartee was convicted of burglary, false imprisonment, and battery following an altercation with his ex-girlfriend. The Florida appellate court reversed the burglary conviction because the trial court violated Bartee's Sixth Amendment confrontation rights by admitting test
• Contreras v. State
  910 So. 2d 901· Fla. 4th DCA· 2005-09-14 ·cited 7×
  Rodolfo Contreras was convicted of sexual battery and lewd and lascivious molestation of his daughter based primarily on a videotaped ex parte statement taken by a Child Protection Team (CPT). The Fourth District Court of Appeal reversed, holding that the CPT statement constitute
• Mencos v. State
  909 So. 2d 349· Fla. 4th DCA· 2005-07-20 ·cited 7×
  Jose Maria Mencos was convicted by jury of lewd or lascivious molestation of a child under twelve, battery on a law enforcement officer, and resisting arrest. On appeal, Mencos challenged the admission of the child victim's out-of-court statements under the Confrontation Clause,
• G.H. v. State
  896 So. 2d 833· Fla. 1st DCA· 2005-02-22 ·cited 7×
  The court held that while the trial court's finding of reliability for child hearsay statements was conclusory and inadequate, the error was harmless because sufficient other evidence supported the verdict.
• White v. State
  873 So. 2d 600· Fla. 5th DCA· 2004-05-28 ·cited 7×
  A scoresheet error is harmless if the record conclusively shows the court would have imposed the same sentence regardless of the error.
• Jacquiline Nicole Reynolds v. State
  837 So. 2d 1044· Fla. 4th DCA· 2002-12-26 ·cited 7×
  The trial court erred in precluding defense experts from stating their ultimate opinion on insanity, but this error was harmless because experts were permitted to testify on the elements of insanity under Florida law.