Harmless Error Analysis

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

• Lillier Ivory v. State
  821 So. 2d 1258· Fla. 4th DCA· 2002-07-31 ·cited 7×
  The court affirmed a conviction for battery on a law enforcement officer and resisting arrest with violence, finding that the admission of expert testimony regarding police procedures was proper under the ultimate issue rule.
• Langbaum v. State
  799 So. 2d 391· Fla. 4th DCA· 2001-11-14 ·cited 7×
  A probation violation charge based solely on an arrest is not per se reversible error if the probationer had actual notice of the offense and was subsequently convicted of that offense.
• Jaworski v. State
  804 So. 2d 415· Fla. 4th DCA· 2001-10-10 ·cited 7×
  Defendant Jaworski was convicted of armed robbery after his trial lawyer attended a pretrial conference without him to negotiate a compromise allowing hearsay testimony instead of live witness testimony. The court reversed, holding that the defendant's absence from this critical
• Peacher v. Cohn
  786 So. 2d 1282· Fla. 5th DCA· 2001-06-22 ·cited 7×
  The denial of a party's right to exercise a peremptory challenge prior to the jury being sworn is per se reversible error in civil cases.
• Simmons v. State
  782 So. 2d 1000· Fla. 4th DCA· 2001-04-25 ·cited 7×
  Anthony Simmons was convicted of strong arm robbery and sentenced as a habitual felony offender. On appeal, he challenged both the admission of hearsay testimony regarding victim identification and the trial judge's determination of predicate offenses for the HFO sentence. The co
• Jami L. Carmona and Evangelina Carmona v. Carrion
  779 So. 2d 337· Fla. 2d DCA· 2000-01-19 ·cited 7×
  In this personal injury case arising from an automobile accident, the trial court erred by instructing the jury on aggravation of pre-existing injuries when no evidence supported such an instruction. The court affirmed the trial court's liability determination but reversed and re
• Williams v. State
  747 So. 2d 474· Fla. 5th DCA· 1999-12-30 ·cited 7×
  The court held that a prosecutor improperly vouched for a police officer's credibility during closing argument, and this error was not harmless.
• Bowen v. State
  745 So. 2d 1108· Fla. 3d DCA· 1999-12-08 ·cited 7×
  The court held that a law enforcement officer, not certified as a Drug Recognition Evaluator (DRE), but properly trained and experienced in administering the Horizontal Gaze Nystagmus (HGN) test, may testify about the test results, provided a proper foundation is laid and a confi
• Jones v. State
  748 So. 2d 1012· Fla.· 1999-11-12 ·cited 7×
  David Jones was convicted of first-degree murder, robbery, and kidnapping in the death of Lori McRae and sentenced to death. The Florida Supreme Court affirmed the conviction and death sentence, rejecting Jones' thirteen appellate arguments regarding confession admissibility, evi
• Tormey v. Trout
  748 So. 2d 303· Fla. 4th DCA· 1999-10-06 ·cited 7×
  The appellate court addressed consolidated appeals in a personal injury case arising from a 1993 automobile accident. The court affirmed the trial court's awards of $1,418,000 in compensatory damages, $20,000 in punitive damages, and $11,905.23 in costs to the injury claimant Tro
• Generazio v. State
  727 So. 2d 333· Fla. 4th DCA· 1999-02-17 ·cited 7×
  Kenneth Generazio appeals his conviction for capital sexual battery, arguing the trial court erred by admitting evidence of collateral bad acts and failing to instruct the jury on battery as a lesser included offense. The Fourth District Court of Appeal affirms the conviction, ap
• Darion White v. State
  730 So. 2d 715· Fla. 4th DCA· 1999-01-20 ·cited 7×
  Darion White was convicted of cocaine delivery based on an undercover officer's observation of a hand-to-hand transaction. The Fourth District Court of Appeal reversed, holding that the trial court erred by allowing the officer to testify about typical patterns in other drug case
• Pinardi v. State
  718 So. 2d 242· Fla. 5th DCA· 1998-08-21 ·cited 7×
  Michael Pinardi appeals the denial of his postconviction relief motion, challenging whether ex parte communications by his trial judge constitute automatic structural defects requiring a new trial. The Florida appellate court affirms, holding that ex parte communications do not a
• Rocco Tricarico v. State
  711 So. 2d 624· Fla. 4th DCA· 1998-05-27 ·cited 7×
  Rocco Tricarico was convicted of first-degree murder in 1992 for a 1981 killing, based on a jury verdict that could have rested on either premeditated murder or felony murder predicated on attempted cocaine trafficking. On post-conviction review, the court held that attempted tra
• Walker v. State
  701 So. 2d 1258· Fla. 5th DCA· 1997-12-05 ·cited 7×
  Eddie Walker appealed his cocaine trafficking and delivery convictions, arguing that the prosecutor improperly commented on his failure to present evidence in support of his entrapment defense, thereby violating his Fifth Amendment right to remain silent. The appellate court affi
• Lark v. State
  617 So. 2d 782· Fla. 1st DCA· 1993-04-28 ·cited 7×
  James Lark appeals his convictions for first-degree murder of Carole Lark and second-degree murder of Wesley Butler. The Florida District Court of Appeal reversed and remanded for a new trial, finding that the trial court improperly allowed the prosecutor to comment on Lark's inv
• Edwards v. State
  603 So. 2d 89· Fla. 5th DCA· 1992-07-31 ·cited 7×
  The Florida Court of Appeal reversed a DUI conviction where the trial court instructed the jury that the defendant's refusal to submit to a breath test could be considered as a circumstance from which guilt may be inferred. The court held that while evidence of refusal is admissi
• A.E. v. State
  599 So. 2d 713· Fla. 1st DCA· 1992-05-18 ·cited 7×
  A.E., a juvenile, appeals his adjudication as a delinquent child for drug possession, arguing the trial court reversibly erred by denying his motions to compel an officer to disclose the concealed location from which the officer claimed to have observed A.E. with drugs. The court
• McDUGLE v. State
  591 So. 2d 660· Fla. 3d DCA· 1991-12-17 ·cited 7×
  Kenneth McDugle was convicted of selling cocaine within 1,000 feet of a school zone, but the trial court excluded testimony from two police officers without conducting an adequate Richardson hearing to assess prejudice from the discovery violation. The appellate court reversed, h
• Terry v. State
  588 So. 2d 63· Fla. 5th DCA· 1991-10-31 ·cited 7×
  Trial court properly denied defendant's motion to withdraw guilty plea, but scoresheet error in multiplying legal constraint points by number of offenses requires vacation of sentence and resentencing.
• Guess v. State
  579 So. 2d 339· Fla. 1st DCA· 1991-05-13 ·cited 7×
  Philip Guess appeals his conviction for burglary with assault and sexual battery, raising three issues: the trial court's refusal to conduct a full voluntariness hearing for his custodial statement outside the jury's presence, admission of collateral crimes evidence, and failure
• Smith v. A.L. Lockhart
  923 F.2d 1314· 8th Cir.· 1991-01-15 ·cited 7×
  The court held that the defendant was denied his Sixth Amendment right to counsel at a critical stage of the proceedings, requiring vacation of the magistrate's denial of his habeas corpus petition.
• Smith v. State
  556 So. 2d 1096· Fla.· 1990-02-08 ·cited 7×
  Frank Elijah Smith, a death-row inmate, appealed the denial of his second Rule 3.850 motion, challenging a jury instruction that violated Hitchcock v. Dugger by failing to inform jurors they could consider any and all mitigating evidence. The Florida Supreme Court affirmed the de
• Alley v. State
  553 So. 2d 354· Fla. 4th DCA· 1989-12-06 ·cited 7×
  The court held that statements made by the appellant concerning her drinking and refusal of a blood alcohol test were privileged under Fla. Stat. § 316.066(4) and should have been suppressed.
• Fuller v. Diesslin
  868 F.2d 604· 3d Cir.· 1989-02-24 ·cited 7×
  The Third Circuit held that an arbitrary denial of a defendant's Sixth Amendment right to counsel of choice, including the right to pro hac vice counsel, requires per se reversal.
• Johnson v. State
  537 So. 2d 1116· Fla. 4th DCA· 1989-02-01 ·cited 7×
  The court held that a defendant's pretrial testimony, given to assert a constitutional right, cannot be used as substantive evidence against them at trial on the issue of guilt.
• United States v. Poindexter
  859 F.2d 216· D.C. Cir.· 1988-09-30 ·cited 7×
  The court held that interlocutory appeals of pre-trial orders denying motions to dismiss an indictment based on alleged grand jury taint are not permitted under 28 U.S.C. § 1291, as such claims are effectively reviewable on appeal from a final judgment.
• Garcia v. State
  521 So. 2d 191· Fla. 1st DCA· 1988-02-10 ·cited 7×
  Pablo Garcia appealed his cocaine trafficking conviction and 30-year sentence. The First District Court of Appeal affirmed the conviction but reversed and remanded the sentence because the trial court provided invalid reasons for departing from sentencing guidelines.
• United States v. Herrera
  832 F.2d 833· 4th Cir.· 1987-11-02 ·cited 7×
  The court held that while references to polygraph tests in plea agreements are improper, such references were harmless error in this case, and the appellants' other contentions lacked merit.
• Gargone v. State
  503 So. 2d 421· Fla. 3d DCA· 1987-03-03 ·cited 7×
  Phillip Gargone was convicted of DWI manslaughter and manslaughter by culpable negligence after a fatal car accident. The appellate court reversed his convictions and remanded for a new trial, finding that the blood-alcohol test results were improperly admitted into evidence beca
• Vileenor v. State
  500 So. 2d 713· Fla. 4th DCA· 1987-01-07 ·cited 7×
  Emanuel Vileenor was convicted of aggravated battery after the trial court began jury instructions in the absence of his defense counsel. The Fourth District Court of Appeal affirmed the conviction, holding that while proceeding without counsel constituted error, it was harmless
• United States v. Mandelbaum
  803 F.2d 42· 1st Cir.· 1986-10-15 ·cited 7×
  The court held that while the prosecutor's statement urging the jury to 'do your duty' was improper, it did not constitute reversible error because it was isolated, not severe misconduct, and the evidence of guilt was strong.
• Stokes v. State
  485 So. 2d 875· Fla. 1st DCA· 1986-03-26 ·cited 7×
  Carl Stokes appealed his conviction for armed robbery and sexual battery. Although the court found no reversible error on the grounds raised by Stokes or his appellate counsel, it discovered that the trial judge failed to provide written reasons for departing from the sentencing
• Rogers v. Webster
  776 F.2d 607· 6th Cir.· 1985-11-07 ·cited 7×
  The court held that a defendant asserting their Fifth Amendment privilege against self-incrimination in lieu of responding to civil contempt charges should be treated as if they had denied the allegations, and the plaintiff must then prove the charges.
• State v. State Bd. OF Educ. OF Fla.
  467 So. 2d 294· Fla.· 1985-03-29 ·cited 7×
  The Florida Supreme Court upheld the validity of $100 million in public education capital outlay bonds issued under a constitutional amendment that had not been published in all required counties. The court found that the publication failure constituted harmless error under a sub
• Banco Nacional de Nicaragua v. Argonaut Ins. Co.
  681 F.2d 1337· 11th Cir.· 1982-08-02 ·cited 7×
  The court held that the jury instructions properly placed the burden on the insured to prove the loss occurred within the policy period, and that substantial evidence supported the jury's verdict for the insurer.
• Evans v. Britton
  628 F.2d 400· 5th Cir.· 1980-10-15 ·cited 7×
• Boynton v. State
  378 So. 2d 1309· Fla. 1st DCA· 1980-01-04 ·cited 7×
  Melvin Boynton appealed his first-degree murder conviction, claiming prosecutorial violations of discovery rules. The court reversed and remanded for a new trial, finding that the prosecution failed to disclose the name and testimony of key witnesses in violation of procedural ru
• Mills v. State
  367 So. 2d 1068· Fla. 2d DCA· 1979-02-09 ·cited 7×
  The court held that admitting a nonexpert witness's opinion testimony on the ultimate issue of self-defense was an error requiring reversal.
• Stern v. State
  296 So. 2d 549· Fla. 3d DCA· 1974-05-07 ·cited 7×
  Carl Stern was convicted of two counts of second-degree murder and assault with intent to commit third-degree murder after pleading not guilty by reason of insanity. The Florida appellate court affirmed the convictions but remanded for resentencing because the trial court incorre
• Page v. State
  Fla. 2d DCA· 2026-03-25 ·cited 6×
  The appellate court affirmed most of the appellant's convictions and sentences but reversed one sentence for attempted second-degree murder because it exceeded the statutory maximum. The court also found that any alleged sentencing enhancement errors under Erlinger v. United Stat
• Ricarlo A. Betty v. State
  233 So. 3d 1149· Fla. 4th DCA· 2017-12-20 ·cited 6×
  Ricarlo Betty appeals the denial of his motion to schedule a de novo sentencing hearing that was granted as post-conviction relief based on ineffective assistance of counsel at sentencing. The court reversed, holding that Betty was entitled to a full resentencing hearing before a
• Roop v. State
  228 So. 3d 633· Fla. 2d DCA· 2017-10-04 ·cited 6×
  Devin Roop appeals his convictions for throwing a deadly missile at an occupied vehicle and criminal mischief. The key issue is whether the trial court properly admitted a 911 recording in which the victim identified Roop as the perpetrator under the excited utterance exception t
• Gregory v. State
  224 So. 3d 719· Fla.· 2017-08-31 ·cited 6×
  The Florida Supreme Court affirmed the denial of postconviction relief regarding the guilt phase of Gregory's capital murder conviction but reversed his death sentences due to the jury's nonunanimous 7-5 recommendation of death violating the Sixth Amendment requirements establish
• Morgan v. State
  212 So. 3d 1104· Fla. 1st DCA· 2017-03-10 ·cited 6×
  Justin Morgan appealed his conviction for resisting an officer without violence and possession of cannabis, claiming fundamental error occurred when a juror briefly carried an alternate juror's notepad into the jury room. The Florida First District Court of Appeal affirmed, holdi
• R.J. Reynolds Tobacco Co. v. Robinson
  216 So. 3d 674· Fla. 1st DCA· 2017-02-24 ·cited 6×
  R.J. Reynolds appealed the denial of its motion for new trial after a jury verdict in a tobacco-related wrongful death case, arguing that plaintiff's counsel made numerous improper closing arguments disparaging Reynolds for defending itself at trial and failing to 'accept respons
• Ibar v. State
  190 So. 3d 1012· Fla.· 2016-02-04 ·cited 6×
  Pablo Ibar challenges his death sentence conviction for three first-degree murders, arguing his trial counsel provided ineffective assistance by failing to present a facial identification expert to challenge the prosecution's video evidence despite knowing such testimony was crit
• Mohler v. State
  165 So. 3d 773· Fla. 2d DCA· 2015-05-22 ·cited 6×
  Stephen Mohler appeals his conviction for felony battery, claiming self-defense. The appellate court reversed and remanded for a new trial because the trial court improperly excluded evidence of the victim's prior violent acts, which was material to Mohler's self-defense claim.
• Roseline Louidor v. State
  162 So. 3d 305· Fla. 3d DCA· 2015-03-25 ·cited 6×
  Roseline Louidor was convicted of manslaughter, aggravated child abuse, and child neglect in the death of a two-year-old. On appeal, she challenged the admission of a videotaped interrogation in which detectives repeatedly told her they knew she was guilty, but the court affirmed
• Berube v. State
  149 So. 3d 1165· Fla. 2d DCA· 2014-10-24 ·cited 6×
  Leo Richard Berube appealed his second-degree murder conviction following remand from the Florida Supreme Court to reconsider in light of Daniels v. State. The District Court of Appeal affirmed, holding that an erroneous jury instruction on the lesser-included offense of manslaug