Harmless Error Analysis

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

• Sheffield v. Superior Ins. Co.
  741 So. 2d 533· Fla. 1st DCA· 1999-06-30 ·cited 6×
  A plaintiff injured in a rear-end collision sought a new trial on damages from her uninsured motorist insurer, arguing medical evidence required a directed verdict that her injuries were permanent. The appellate court rejected the directed verdict claim because conflicting medica
• McFADDEN v. State
  732 So. 2d 412· Fla. 3d DCA· 1999-04-14 ·cited 6×
  A prior adjudication withheld following a guilty plea does not constitute a 'conviction' for impeachment purposes under section 90.610(1), Florida Statutes.
• McGREEVEY v. State
  717 So. 2d 1111· Fla. 5th DCA· 1998-09-25 ·cited 6×
  McGreevey was sentenced to 66 months for aggravated child abuse after entering a no-contest plea. She appeals her sentence, claiming the trial judge improperly calculated her sentencing scoresheet by assigning points for 'moderate' rather than 'slight' injuries without allowing h
• Joppy v. State
  719 So. 2d 316· Fla. 1st DCA· 1998-08-07 ·cited 6×
  Joppy appeals his burglary conviction, challenging the admission of a statement made before receiving Miranda warnings. The court affirms, holding that the officer's pre-Miranda question about whether anyone else was in the building fell within the public safety exception to Mira
• Young v. State
  711 So. 2d 1379· Fla. 2d DCA· 1998-06-19 ·cited 6×
  In this appeal of a second-degree murder conviction, the Florida District Court of Appeal reversed Young's conviction because the trial court improperly modified the standard Allen charge (jury deadlock instruction) by omitting language about declaring a mistrial and instead tell
• Jeremaine Smith v. State
  700 So. 2d 446· Fla. 1st DCA· 1997-10-21 ·cited 6×
  The court held that the trial court erred in admitting evidence of prior abuse without sufficient proof that the appellant committed the prior abuse.
• Dowdy v. State
  700 So. 2d 409· Fla. 5th DCA· 1997-09-19 ·cited 6×
  The appellate court affirmed a conviction for dealing in stolen property, upholding the trial court's decisions on restitution and the method of documenting prior convictions on the scoresheet. The court found that the defendant's actions were sufficiently related to the victim's
• Anderson v. State
  697 So. 2d 878· Fla. 5th DCA· 1997-06-20 ·cited 6×
  The dissent argues that the defendant's presence at sidebar during jury challenges, and the requirement for a personal waiver, do not apply to non-capital cases like this one, and that the defendant ratified the jury selection by his passive acceptance.
• Lara v. State
  699 So. 2d 616· Fla.· 1997-06-19 ·cited 6×
  Mario Albo Lara appeals his death sentence imposed in a resentencing proceeding following vacation of his original 1985 death sentence due to ineffective assistance of counsel. The Florida Supreme Court vacates the death sentence because the trial court used a constitutionally va
• Renczkowski v. State
  693 So. 2d 637· Fla. 2d DCA· 1997-04-18 ·cited 6×
  Florida appellate court reversed conviction for lewd and lascivious acts with a child because trial court failed to conduct a Richardson hearing on the state's discovery violation regarding a rebuttal witness, which prejudiced the defense.
• Hoggins v. State
  689 So. 2d 383· Fla. 4th DCA· 1997-02-26 ·cited 6×
  The Fourth District Court of Appeal reversed a conviction for armed robbery, holding that prosecutors may not use a defendant's custodial pre-Miranda silence as impeachment when the defendant testifies at trial. The court grounded its decision in the Florida Constitution's due pr
• Delguidice v. Singletary
  84 F.3d 1359· 11th Cir.· 1996-05-24 ·cited 6×
  A Florida inmate convicted of attempted manslaughter and battery challenged the admission of a psychologist's testimony on Sixth Amendment grounds, arguing his counsel was not properly notified in advance of the scope and nature of the psychological examination. The Eleventh Circ
• Summers v. State
  672 So. 2d 617· Fla. 5th DCA· 1996-04-26 ·cited 6×
  The court held that an incomplete jury instruction on manslaughter constitutes fundamental error requiring reversal and a new trial.
• Stephens v. State
  662 So. 2d 394· Fla. 5th DCA· 1995-11-03 ·cited 6×
  The court held that the trial court erred in admitting evidence of a prior robbery because the similarities between the crimes did not demonstrate a unique modus operandi sufficient to establish identity.
• Elsass v. Hankey
  662 So. 2d 392· Fla. 5th DCA· 1995-11-03 ·cited 6×
  In this personal injury case arising from an automobile accident, the Florida appellate court reversed a jury verdict finding no liability and remanded for a new trial. The reversal was based on defense counsel's improper closing argument suggesting the investigating officers did
• Cooper v. State
  659 So. 2d 442· Fla. 2d DCA· 1995-08-16 ·cited 6×
  The court held that the admission of highly prejudicial hearsay evidence, specifically the victim's statement that the appellant's daughter claimed he raped her, was so prejudicial that a curative instruction was inadequate, warranting a new trial.
• State v. Compo
  651 So. 2d 127· Fla. 2d DCA· 1995-02-10 ·cited 6×
  Florida appeals a trial court's order granting a new trial after the defendant was convicted of burglary and possession of burglary tools. The appellate court reversed, holding that the trial court abused its discretion in granting the mistrial based on the prosecutor's closing a
• Servilio Crespo v. State
  647 So. 2d 295· Fla. 3d DCA· 1994-12-14 ·cited 6×
  Servilio Crespo challenges his armed robbery conviction, arguing the trial court erred by refusing to instruct the jury on aggravated assault as a lesser included offense. The court affirmed, holding that failure to instruct on a lesser included offense two steps removed from the
• DaCOSTA v. State
  647 So. 2d 818· Fla.· 1994-12-08 ·cited 6×
  The Florida Supreme Court held that a trial court's failure to make statutory findings of fact regarding prior felony convictions in habitual offender sentencing constitutes harmless error when the evidence of those convictions is unrebutted and undisputed. The decision clarifies
• Pender v. State
  647 So. 2d 957· Fla. 5th DCA· 1994-12-02 ·cited 6×
  Clarence and Kevin Pender were convicted of sexual battery on a child under twelve. The appellate court reversed due to a discovery violation—the state failed to produce a colposcopic photograph that the examining pediatrician had taken and discussed with the prosecutor, which co
• Belcher v. State
  646 So. 2d 231· Fla. 5th DCA· 1994-10-21 ·cited 6×
  Jerry Dean Belcher appeals his convictions for 12 counts of lewd acts upon a child and one count of sexual activity with a child. The appellate court affirms all convictions and sentences, rejecting arguments regarding hearsay admissibility, victim testimony about nighttime screa
• McCOY v. State
  639 So. 2d 163· Fla. 1st DCA· 1994-07-05 ·cited 6×
  Keith McCoy, a pretrial detainee, challenges the search of his jail cell conducted at the direction of a prosecutor seeking incriminating documents. The court reverses his convictions and finds that pretrial detainees retain Fourth Amendment protections against searches conducted
• Carmine Brancaccio and Helen Brancaccio v. Jackal Corp.
  641 So. 2d 114· Fla. 3d DCA· 1994-05-03 ·cited 6×
• Reddick v. State
  636 So. 2d 176· Fla. 2d DCA· 1994-04-29 ·cited 6×
  The court held that the trial court erred by failing to advise the defendant of his right to self-representation after denying his motion to discharge counsel.
• Woods v. State
  634 So. 2d 767· Fla. 1st DCA· 1994-03-31 ·cited 6×
  Nathaniel Woods Jr. was convicted of sexual battery of a child, but the Florida District Court of Appeal reversed and remanded for a new trial because the trial court violated Florida Rule of Criminal Procedure 3.410 by responding to a jury question about witness testimony withou
• Smith v. State
  629 So. 2d 281· Fla. 5th DCA· 1993-12-17 ·cited 6×
  Joseph L. Smith appeals his convictions and sentences for three new felonies committed while on probation in three prior cases. The court affirms the habitual felony offender convictions but vacates and remands two of the sentences for resentencing after finding the trial court e
• Oglesby v. State
  627 So. 2d 585· Fla. 5th DCA· 1993-12-03 ·cited 6×
  Melvin Oglesby appeals his habitual offender sentence, arguing the trial court (rather than the State) provided notice of intent to habitualize and that the notice was not provided before his plea. The Fifth District affirmed, holding that the trial court may properly file such n
• Bienvenido Escoto v. State
  624 So. 2d 836· Fla. 5th DCA· 1993-10-01 ·cited 6×
  Escoto was convicted of two counts of sexual battery of a child under twelve and sentenced to two consecutive life sentences. The appellate court reversed and remanded for a new trial because the trial court improperly admitted hearsay testimony from a pediatrician recounting the
• Ammons v. State
  623 So. 2d 807· Fla. 1st DCA· 1993-08-30 ·cited 6×
  Johnny Lee Ammons was convicted of aggravated battery with a firearm after being charged with attempted first degree murder. The Florida appellate court reversed because the trial court erred in refusing to instruct the jury on the lesser included offense of discharging a firearm
• T.S. v. State
  623 So. 2d 603· Fla. 2d DCA· 1993-08-27 ·cited 6×
  The court held that the admission of hearsay statements was reversible error because no exceptions applied and the error was not harmless.
• Gonzalez v. State
  624 So. 2d 300· Fla. 4th DCA· 1993-08-25 ·cited 6×
  Ricardo Gonzalez was charged with first degree murder and aggravated child abuse in the death of his three-month-old son. He was convicted of the lesser offense of third degree murder and aggravated child abuse. The appellate court affirmed the convictions but remanded for resent
• Sigmon v. State
  622 So. 2d 57· Fla. 1st DCA· 1993-07-19 ·cited 6×
  Anthony Sigmon appeals his sexual battery conviction, challenging the admission of the child victim's videotaped testimony given outside his presence. The court affirms the conviction but certifies to the Florida Supreme Court the question of whether the trial court's failure to
• Critton v. State
  619 So. 2d 495· Fla. 1st DCA· 1993-06-11 ·cited 6×
  On remand from the Florida Supreme Court's answer to a certified question regarding habitual violent felony offender sentencing requirements, the First District Court of Appeal affirmed Critton's convictions and sentences but vacated the restitution order entered after the trial
• Mansfield v. State
  618 So. 2d 1385· Fla. 2d DCA· 1993-05-28 ·cited 6×
  Henry Mansfield appeals his sentence as a habitual offender following his no contest plea to grand theft and probation violation. The court affirms the sentence but remands to correct clerical errors in the sentencing documents.
• United States v. Perez
  989 F.2d 1574· 10th Cir.· 1993-03-30 ·cited 6×
  The court held that a per se reversal rule for admitting coconspirator hearsay without required findings is modified; instead, appellate courts should assess harmless error and may remand for findings if necessary. The hearsay error in this case was harmless.
• Murray v. State
  616 So. 2d 955· Fla.· 1993-03-11 ·cited 6×
  The court held that a defendant must rebut the presumption that predicate convictions for habitual offender status have not been pardoned or set aside.
• United States v. Baldwin
  987 F.2d 1432· 9th Cir.· 1993-03-10 ·cited 6×
  The court held that the search warrant was valid, the jury instructions were not a basis for reversal due to invited error and harmless error, and the ineffective assistance of counsel claims lacked merit.
• United States v. Davidson
  984 F.2d 651· 5th Cir.· 1993-02-16 ·cited 6×
  The court affirmed the upward departure, finding that while some reasons for departure were invalid, the district court would have imposed the same sentence based on the valid reason of extraordinary planning.
• Tampling v. State
  610 So. 2d 100· Fla. 1st DCA· 1992-12-16 ·cited 6×
  The court held that while jury tampering may be a crime involving dishonesty, the prosecutor's method of impeachment was improper, requiring reversal of the conviction.
• United States v. Barnhart
  979 F.2d 647· 8th Cir.· 1992-11-10 ·cited 6×
  The court held that the district court improperly instructed the jury on willful blindness, and this error was not harmless because the evidence of guilt was not overwhelming.
• Blackwood v. State
  608 So. 2d 865· Fla. 4th DCA· 1992-10-21 ·cited 6×
• United States v. Woods
  976 F.2d 1096· 7th Cir.· 1992-10-06 ·cited 6×
  The court held that prior convictions consolidated for sentencing are considered related under the Sentencing Guidelines, and that threats made to a co-defendant warranted an obstruction of justice enhancement.
• United States v. Martinez
  975 F.2d 159· 5th Cir.· 1992-10-06 ·cited 6×
  The court held that the evidence was sufficient for a reasonable trier of fact to find beyond a reasonable doubt that the appellant voluntarily conspired with others to possess cocaine with the intent to distribute.
• Jones v. Murray
  976 F.2d 169· 4th Cir.· 1992-09-11 ·cited 6×
  The court held that Virginia's death penalty statute is constitutional and affirmed the district court's denial of the appellant's Rule 60(b) motion and motion for a stay of execution.
• United States v. Powell
  973 F.2d 885· 10th Cir.· 1992-08-28 ·cited 6×
  The court held that a defendant's failure to request specific findings of fact in a bench trial waives the right to claim error based on their absence, and that procedural errors in ruling on a motion for acquittal are harmless if sufficient evidence exists to support a convictio
• United States v. Slater
  971 F.2d 626· 10th Cir.· 1992-08-04 ·cited 6×
  The court held that the evidence presented was insufficient to prove an agreement to possess cocaine, as charged in the indictment, and therefore the conspiracy conviction should be reversed.
• United States v. Johnson
  968 F.2d 768· 8th Cir.· 1992-07-10 ·cited 6×
  The court held that a prosecutor's inflammatory closing argument remarks, appealing to the jury to act as a 'bulwark against... putting this poison on the streets,' constituted reversible error because the evidence was not overwhelming and no curative instruction was given.
• Holloway v. United States
  960 F.2d 1348· 8th Cir.· 1992-03-13 ·cited 6×
  The court held that the district court did not err in denying Holloway's motion to vacate his sentence, as the Rule 11 violation was harmless error and his claims of judicial bias and ineffective assistance of counsel were without merit.
• United States v. Collins
  957 F.2d 72· 2d Cir.· 1992-02-25 ·cited 6×
  The court held that the district court's failure to instruct the jury on the willfulness requirement for dealing in firearms without a license was harmless error because the evidence overwhelmingly established willfulness and the jury rejected the defendant's entrapment defense.
• Labron Cardilia Marshall v. State
  593 So. 2d 1161· Fla. 2d DCA· 1992-02-12 ·cited 6×
  Marshall appeals his convictions for capital sexual battery and lewd and lascivious conduct, claiming the trial court erred by failing to conduct a Neil inquiry after the state peremptorily challenged two African-American jurors. The court holds that although a Neil inquiry was r