Harmless Error Analysis

4,441 Florida cases classified under this topic, plus 2,602 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Norton v. State
  709 So. 2d 87· Fla.· 1997-12-24 ·cited 107×
  The Florida Supreme Court reversed Johnnie Norton's death sentence and first-degree murder conviction, finding insufficient evidence of premeditation to support the conviction. The court held that while the evidence supported an unlawful killing, the circumstances surrounding the
• Hardwick v. Dugger
  648 So. 2d 100· Fla.· 1994-09-08 ·cited 107×
  John Gary Hardwick, Jr., a death row inmate, appealed the trial court's denial of his Rule 3.850 motion for postconviction relief and filed a habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial, finding most claims procedurally barred and rejecting
• State v. Kinchen
  490 So. 2d 21· Fla.· 1985-08-30 ·cited 107×·via Harmless Error Rule
  Florida will apply the more protective 'fairly susceptible' test rather than the federal 'manifestly intended' test when reviewing comments on a defendant's failure to testify, and such comments are subject to harmless error review under Chapman v. California.
• Dessaure v. State
  891 So. 2d 455· Fla.· 2004-12-02 ·cited 106×
  Kenneth Louis Dessaure was convicted of first-degree murder for the February 1999 stabbing death of Cindy Riedweg and sentenced to death. The Florida Supreme Court affirmed the conviction and death sentence, rejecting multiple appellate challenges including claims of prosecutoria
• State v. Harbaugh
  754 So. 2d 691· Fla.· 2000-03-09 ·cited 106×
  The Florida Supreme Court holds that in bifurcated felony DUI trials, the jury—not the trial judge—must determine whether the defendant has three or more prior misdemeanor DUI convictions, an essential element of the crime. This decision amends the prior Rodriguez procedure in li
• Parker v. State
  458 So. 2d 750· Fla.· 1984-09-06 ·cited 106×
  Robert Lacey Parker was convicted of two counts of first-degree murder and one count of third-degree murder for three drug-related killings. Although the jury recommended life imprisonment for both first-degree convictions, the trial judge overrode the recommendation and imposed
• David v. State
  369 So. 2d 943· Fla.· 1979-03-22 ·cited 106×·via Harmless Error Doctrine
  The Florida Supreme Court reversed a grand larceny conviction where the prosecutor made comments in closing argument that were fairly susceptible to being interpreted as referring to the defendant's failure to testify, a serious constitutional violation under Griffin v. Californi
• Olender v. United States
  210 F.2d 795· 9th Cir.· 1954-02-15 ·cited 106×·via Harmless Error Rule
  Two consolidated mortgage foreclosure actions where the same lender sought to foreclose on mortgages held against the same borrowers and property. The court affirmed dismissal of the borrowers' counterclaim alleging an equitable partnership interest in a golf driving range operat
• Wadada Delhall v. State
  95 So. 3d 134· Fla.· 2012-07-12 ·cited 105×
  Wadada Delhall was convicted of first-degree murder for killing Hubert McCrae, the eyewitness to his brother's murder charge. The Florida Supreme Court affirmed his guilt-phase conviction but vacated his death sentence and remanded for a new penalty phase due to cumulative errors
• Labrant D. Dennis v. State
  817 So. 2d 741· Fla.· 2002-01-31 ·cited 105×
  Labrant Dennis was convicted of two first-degree murders in the brutal beating deaths of Marlin Barnes and Timwanika Lumpkins at a University of Miami campus apartment. The Florida Supreme Court affirmed his convictions and death sentences, finding ample evidence of premeditation
• Guerry Wayne HERTZ v. State
  803 So. 2d 629· Fla.· 2001-11-01 ·cited 105×
  Guerry Wayne Hertz was convicted of two first-degree murders and sentenced to death for the execution-style killings of Melanie King and Robin Keith Spears during an armed robbery and arson in Wakulla County, Florida. The Florida Supreme Court affirmed his convictions and death s
• Williams v. State
  488 So. 2d 62· Fla.· 1986-05-01 ·cited 105×
  A trial judge's response to a jury request for instructions during deliberations, made without notice to and opportunity for participation by the prosecutor and defense counsel, violates Florida Rule of Criminal Procedure 3.410 and is per se reversible error.
• United States v. Ordonez
  737 F.2d 793· 9th Cir.· 1983-12-23 ·cited 105×
  The court held that the Ninth Circuit's refusal to adopt the rule of per se admissibility for statements falling within firmly rooted hearsay exceptions is incorrect and conflicts with Supreme Court precedent.
• United States v. Knife
  592 F.2d 472· 8th Cir.· 1979-02-15 ·cited 105×·via Harmless Error Rule
  The court held that the evidence was insufficient to convict defendant Knife of aiding and abetting an assault with intent to murder, but affirmed defendant Iyotte's convictions for assault resulting in serious bodily injury and assault by striking, beating, or wounding.
• Gabby Tennis v. State
  997 So. 2d 375· Fla.· 2008-12-11 ·cited 103×
  The Florida Supreme Court reversed Gabby Tennis's first-degree murder conviction and death sentence because the trial court failed to conduct a Faretta hearing after Tennis made multiple unequivocal requests to represent himself. The court held that failure to hold such a hearing
• State v. Lucas
  645 So. 2d 425· Fla.· 1994-11-17 ·cited 103×
  The Florida Supreme Court held that failure to instruct a jury that justifiable and excusable homicide are excluded from manslaughter constitutes fundamental, non-harmless error requiring reversal when a defendant is convicted of manslaughter or a greater offense not more than on
• Ferry v. State
  507 So. 2d 1373· Fla.· 1987-04-30 ·cited 103×
  John William Ferry, Jr. was convicted of five counts of first-degree murder and one count of first-degree arson for setting a fire in a Winn Dixie store that killed five people. The Florida Supreme Court affirmed his convictions but vacated his five death sentences because the tr
• United States v. Beasley
  809 F.2d 1273· 7th Cir.· 1987-01-09 ·cited 103×·via Harmless Error Doctrine
  The court held that the admission of extensive evidence of prior bad acts to show intent was improper because the district court failed to properly exercise its discretion by balancing probative value against prejudicial effect, and this error was not harmless for the counts rela
• United States v. Roberts
  618 F.2d 530· 9th Cir.· 1980-05-07 ·cited 103×
  The District Court for the District of Arizona lacked jurisdiction to enter judgments of conviction after transferring the indictment to the Southern District of California.
• Darden v. State
  329 So. 2d 287· Fla.· 1976-02-18 ·cited 103×·via Harmless Error Doctrine
  Willie Darden appeals his death sentence for murder, robbery, and assault committed during a furniture store robbery in which the proprietor was killed and a teenager was wounded. The Florida Supreme Court affirmed the conviction and death penalty, finding that although the prose
• United States v. Grunewald
  233 F.2d 556· 2d Cir.· 1956-04-10 ·cited 103×·via Harmless Error Doctrine
  The court held that the trial judge's jury charge on the statute of limitations was erroneous because it allowed conviction based on an implied agreement to conceal the conspiracy, which is impermissible under Krulewitch v. United States.
• United States v. Mitchell
  137 F.2d 1006· 2d Cir.· 1943-07-26 ·cited 103×·via Harmless Error Rule
  The dissenting judge holds that the trial court erred in dismissing the defendant's attorney and denying him the opportunity to represent himself.
• United States ex rel. Robert Phipps v. Foulette
  428 F.2d 912· 2d Cir.· 1970-05-27 ·cited 102×·via Harmless Constitutional Error
  The court held that the state court's finding that the suggestive station-house identification did not taint the subsequent in-court identification was supported by the record and binding on federal habeas review.
• United States v. Hernandez
  290 F.2d 86· 2d Cir.· 1961-02-14 ·cited 102×·via Harmless Error Doctrine
  The court held that a trial court must inspect grand jury minutes upon request when the witness's testimony is crucial, and that possession under 21 U.S.C. § 174 requires dominion and control, not merely association with a possessor.
• Blaine Ross v. State
  45 So. 3d 403· Fla.· 2010-05-27 ·cited 101×
  Blaine Ross was convicted of murdering his parents and appealed, claiming his confessions were obtained through Miranda violations. The Florida Supreme Court reversed his convictions because police deliberately delayed administering Miranda warnings for several hours during custo
• Looney v. State
  803 So. 2d 656· Fla.· 2001-11-01 ·cited 101×
  Jason Looney was convicted of two first-degree murders and sentenced to death for his participation in a robbery, burglary, arson, and execution-style killing of two victims in Wakulla County, Florida. On appeal, the Florida Supreme Court affirmed his convictions and death senten
• Foster v. State
  778 So. 2d 906· Fla.· 2000-09-07 ·cited 101×
  Kevin Don Foster was convicted of the murder of high school band teacher Mark Schwebes and sentenced to death. The Florida Supreme Court affirmed Foster's conviction and sentence, rejecting multiple challenges including claims regarding change of venue, hearsay testimony, judge b
• United States v. Crisp
  435 F.2d 354· 7th Cir.· 1970-11-10 ·cited 101×·via Harmless Error Doctrine
  The court held that while some testimony should not have been admitted, the error was harmless beyond a reasonable doubt given the other evidence of guilt. The court also affirmed the admissibility of statements made after invoking the right to silence if the waiver is knowing an
• Jackson v. State
  522 So. 2d 802· Fla.· 1988-02-18 ·cited 100×
  Clarence Jackson appealed his convictions for two first-degree murders and death sentences. The Florida Supreme Court affirmed both the convictions and sentences, finding no reversible error despite Jackson's challenges to the admission of certain evidence, prosecutor's statement
• United States Steel Corp. v. United States Env't Prot. Agency
  595 F.2d 207· 5th Cir.· 1979-05-03 ·cited 100×·via Harmless Error Doctrine
  The court held that the EPA's designation of nonattainment areas violated the Administrative Procedure Act's notice and comment requirements, and therefore set aside the designations.
• North v. State
  65 So. 2d 77· Fla.· 1953-10-21 ·cited 100×·via Harmless Error Rule
  North was convicted of first-degree murder in the death of Mrs. Betty Albritton under mysterious circumstances. He appeals arguing various trial errors, but the Florida Supreme Court affirms, finding no reversible error where the circumstantial evidence established guilt beyond r
• Jones v. State
  648 So. 2d 669· Fla.· 1994-11-10 ·cited 99×
  Harry Jones appeals his convictions for first-degree murder, robbery, and grand theft of a motor vehicle, and his death sentence. The Florida Supreme Court affirmed, finding no reversible error despite the warrantless seizure of evidence from a hospital, which was harmless beyond
• Autley Mobley v. State
  409 So. 2d 1031· Fla.· 1982-01-28 ·cited 98×
  Three inmates—Mobley, Brown, and Styles—appealed their convictions for rioting, attempted escape, and kidnapping arising from a prison riot at Pinellas County jail. The Florida Supreme Court affirmed all convictions, holding that section 870.03 is constitutional, that kidnapping
• United States v. Lyon
  397 F.2d 505· 7th Cir.· 1968-06-27 ·cited 98×
  The court should have reversed and remanded the conviction of appellant Lysczyk due to a defective search warrant affidavit.
• Bayless v. United States
  381 F.2d 67· 9th Cir.· 1967-07-19 ·cited 98×·via Harmless Error Doctrine
  The court held that the appellant's conviction for escape and burglary was valid, affirming the district court's judgment.
• Lebron v. State
  982 So. 2d 649· Fla.· 2008-05-01 ·cited 97×
  Jermaine Lebrón was convicted of first-degree murder and robbery with a firearm in the 1995 killing of Larry Neal Oliver during a robbery. After two prior resentencing proceedings, this Court affirms Lebrón's death sentence, finding the trial court properly evaluated aggravators
• Valle v. Moore
  837 So. 2d 905· Fla.· 2002-08-29 ·cited 97×
  Manuel Valle, a death row inmate, petitioned for a writ of habeas corpus raising four claims of ineffective assistance of appellate counsel. The Florida Supreme Court denied all four claims, finding that appellate counsel was not ineffective for failing to raise non-meritorious c
• Rogers v. State
  783 So. 2d 980· Fla.· 2001-03-01 ·cited 97×
  Glen Edward Rogers was convicted of first-degree murder, armed robbery, and grand theft for the brutal stabbing death of Tina Marie Cribbs in a Tampa motel in November 1995, and sentenced to death. The Florida Supreme Court affirmed his conviction and death sentence, rejecting cl
• Hartley v. State
  686 So. 2d 1316· Fla.· 1996-09-19 ·cited 97×
  Kenneth Hartley was convicted of armed robbery, armed kidnapping, and first-degree murder in the death of a seventeen-year-old victim. The Florida Supreme Court affirmed his convictions and death sentence, finding that while the trial court committed some evidentiary errors and m
• Bryant v. State
  656 So. 2d 426· Fla.· 1995-04-13 ·cited 97×
  Byron Bryant was convicted of first-degree murder and armed robbery and sentenced to death. The Florida Supreme Court reversed his convictions and vacated his death sentence, finding that the trial judge's absence during a jury readback of testimony without Bryant's informed waiv
• Davidson Joel James v. State
  615 So. 2d 668· Fla.· 1993-03-04 ·cited 97×
  A defendant who objects at trial to the constitutionality of the jury instruction on the heinous, atrocious, or cruel aggravator and pursues that objection on appeal is entitled to retroactive application of Espinosa v. Florida, which declared that instruction inadequate, and mus
• M. David Sims, M.D. v. Brown
  574 So. 2d 131· Fla.· 1991-01-18 ·cited 97×·via Harmless Error Doctrine
  The Florida Supreme Court reviewed a medical malpractice case involving a patient who suffered a stroke during gynecological surgery. The Court quashed the district court's reversal of jury verdicts for two defendants (Keedy and South Miami Hospital) while leaving intact the dist
• Larkins v. State
  655 So. 2d 95· Fla.· 1995-05-11 ·cited 96×
  Robert Larkins appeals his convictions for robbery and first-degree murder and his death sentence. The Florida Supreme Court affirms the convictions but reverses and remands for resentencing because the trial court's sentencing order failed to adequately evaluate the mitigating c
• Bowden v. State
  588 So. 2d 225· Fla.· 1991-09-12 ·cited 96×
  Roosevelt Bowden appeals his conviction for first-degree murder and death sentence in the 1988 killing of Charles Littlefield. The Florida Supreme Court affirmed both the conviction and sentence, rejecting Bowden's seven appellate claims including challenges to jury selection, co
• Drake v. Kemp
  762 F.2d 1449· 11th Cir.· 1985-05-31 ·cited 96×
  The court held that a Sandstrom violation occurred and was not harmless error. The prosecutor's argument also rendered the sentencing phase fundamentally unfair.
• Sutton v. Barnhouse
  724 F.2d 406· 4th Cir.· 1983-12-30 ·cited 96×·via Federal Rule Of Civil Procedure 61 (Harmless Error)
  The court held that National Steel did not violate ERISA by modifying contingent benefits and that the union did not breach its duty of fair representation. The court affirmed the district court's summary judgments.
• United States v. Brown
  584 F.2d 252· 8th Cir.· 1978-09-14 ·cited 96×·via Harmless Error Doctrine
  The court held that the search warrants were valid, the jury instructions were adequate, and the recitation of Miranda warnings was harmless error, but the evidence was insufficient to convict Cleo Brown of conspiracy.
• United States v. Green
  548 F.2d 1261· 6th Cir.· 1977-02-11 ·cited 96×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the admission of extensive, irrelevant, and prejudicial expert testimony regarding the properties, street value, and potential for abuse of DMT, as well as the economic incentives for its manufacture, constituted a violation of the defendants' due process righ
• United States v. Arteaga-Limones
  529 F.2d 1183· 5th Cir.· 1976-04-08 ·cited 96×
• Dep't OF Prof'l Reg. v. Zia Durrani
  455 So. 2d 515· Fla. 1st DCA· 1984-08-16 ·cited 95×·via Harmless Error Rule
  The court held that the Board's rule setting a minimum FLEX score and requiring it from a single sitting was a valid exercise of delegated authority, and that deficiencies in the Economic Impact Statement did not impair the fairness of the proceeding.