Harmless Error Analysis

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

• United States v. Greene
  834 F.2d 86· 4th Cir.· 1987-11-23 ·cited 6×
  The court held that the district court did not err in granting a new trial due to unadmitted exhibits reaching the jury, and that the cross-appeal on sufficiency of evidence was properly before the court and denied.
• Howard v. State
  515 So. 2d 430· Fla. 4th DCA· 1987-11-18 ·cited 6×
  Willie Howard was convicted of burglary after the trial court admitted his statements to an armed victim who had recovered stolen property and confronted him at gunpoint. The appellate court reversed and remanded for a new trial, holding that Howard's statements were involuntary
• United States v. Batista
  834 F.2d 1· 1st Cir.· 1987-11-17 ·cited 6×
  The Sixth Amendment right to counsel does not attach to unrelated crimes investigated before formal proceedings have begun for those crimes. Furthermore, prosecutorial questioning of a witness about another witness's credibility, if improper, does not warrant reversal if isolated
• Bell Foundry Co. v. Nat'l Labor Relations Bd.
  827 F.2d 1340· 9th Cir.· 1987-09-15 ·cited 6×
• Branley McCARTNEY v. State
  510 So. 2d 1157· Fla. 3d DCA· 1987-08-11 ·cited 6×
  Branley McCartney appeals his conviction for robbery with a weapon, raising three evidentiary issues: exclusion of psychiatric testimony about diminished mental capacity, exclusion of psychiatric history testimony, and exclusion of evidence of his lack of prior criminal record. T
• Weitz v. State
  510 So. 2d 1060· Fla. 4th DCA· 1987-07-29 ·cited 6×
  Sidney Weitz was convicted of trafficking in cocaine, but the Fourth District Court of Appeal reversed and remanded for a new trial, finding that the trial court reversibly erred by admitting evidence of collateral criminal acts that had no probative value except to show bad char
• Potts v. Kemp
  814 F.2d 1512· 11th Cir.· 1987-03-30 ·cited 6×
  A jury instruction creating a mandatory rebuttable presumption of intent is unconstitutional, but such an error can be harmless if the evidence of guilt is overwhelming.
• McCRAY v. State
  503 So. 2d 995· Fla. 3d DCA· 1987-03-17 ·cited 6×
  The appellate court affirmed the defendant's convictions for armed burglary, attempted armed robbery, and attempted sexual battery, but reversed the sentences imposed. The court found that while a prosecutor's remark during closing arguments might have been improper, it was harml
• United States v. Arroyo
  805 F.2d 589· 5th Cir.· 1986-12-12 ·cited 6×
  The court affirmed the trial judge's grant of a new trial, finding no abuse of discretion in the judge's determination that admitting co-conspirator hearsay was an error that could not be cured by instruction.
• DIX v. Kemp
  804 F.2d 618· 11th Cir.· 1986-10-28 ·cited 6×
  The court held that a jury instruction impermissibly shifting the burden of proof on intent, in violation of Sandstrom v. Montana, was not harmless error when the defendant raised an insanity defense, as intent remained a critical issue.
• United States v. Bueno-Risquet
  799 F.2d 804· 2d Cir.· 1986-08-07 ·cited 6×
  The court held that the admission of testimony and request forms regarding missing heroin exhibits was proper, and that an erroneous jury instruction on anticipated profits was harmless error. The court affirmed the convictions.
• State v. Schoff
  490 So. 2d 1040· Fla. 2d DCA· 1986-06-27 ·cited 6×
  Florida's appeal of a downward departure sentence is affirmed because the trial judge's consideration of the defendant's lack of prior record as a reason for departure is not foreclosed by controlling precedent, and the sentence would have been imposed regardless of any questiona
• Algar Ferguson v. Judge James A. Knight
  792 F.2d 581· 6th Cir.· 1986-06-11 ·cited 6×
  The court held that the use of a prior conviction to prove intent to sell in a second offense trafficking charge, without a limiting instruction, did not violate the Constitution under the Jackson v. Virginia standard.
• Collins v. Kemp
  792 F.2d 987· 11th Cir.· 1986-06-09 ·cited 6×
  The court stayed the inmate's execution pending further order to allow full briefing on the retroactivity of Michigan v. Jackson and the impact of Clark v. Rose.
• United States v. Alexander
  789 F.2d 1046· 4th Cir.· 1986-04-25 ·cited 6×
  The court affirmed the denial of motions for a new trial and relief under 28 U.S.C. § 2255, finding no Brady violations, Jencks Act violations, Rule 16 violations, or ineffective assistance of counsel.
• United States ex rel. Charles "Chuck" Miller v. Greer
  772 F.2d 293· 7th Cir.· 1985-08-27 ·cited 6×
  The court held that the prosecutor's comment on the petitioner's post-arrest silence violated the Due Process Clause and was not harmless error.
• Richard L. Church v. Kincheloe
  767 F.2d 639· 9th Cir.· 1985-08-01 ·cited 6×
  The dissenting judge believes that counsel's failure to object to an unconstitutional jury instruction and failure to properly present an intoxication defense constituted ineffective assistance of counsel.
• Rose v. Duckworth
  769 F.2d 402· 7th Cir.· 1985-07-29 ·cited 6×
  The court held that the prosecutor's elicitation of improper testimony, even if careless or reckless, did not impermissibly influence the jury's determination of guilt, and thus federal habeas corpus relief was not warranted.
• United States v. Dunbar
  767 F.2d 72· 3d Cir.· 1985-07-19 ·cited 6×
  The court held that the trial court acted properly in all respects, affirming the defendant's conviction.
• Hagler v. Callahan
  764 F.2d 711· 9th Cir.· 1985-06-28 ·cited 6×
  The court held that a jury instruction violating due process by relieving the state of its burden of proof on intent is not harmless error if intent was a disputed issue at trial.
• Carrasco v. State
  470 So. 2d 858· Fla. 1st DCA· 1985-06-13 ·cited 6×
  Johnny Carrasco was convicted of attempted second-degree murder and robbery following a shooting and carjacking on Interstate 10. The appellate court reversed and remanded for a new trial because Officer Dennis's testimony regarding a non-testifying codefendant's confession viola
• United States v. Fathi Assi
  748 F.2d 62· 2d Cir.· 1984-10-17 ·cited 6×
• United States v. Carvalho
  742 F.2d 146· 4th Cir.· 1984-08-23 ·cited 6×
  The court held that the district court erred in admitting ex-spouses' affidavits under hearsay exceptions, as the statements were not against penal interest and lacked trustworthiness, and the error was not harmless.
• Ernie Ray Holley v. State
  464 So. 2d 578· Fla. 1st DCA· 1984-08-17 ·cited 6×
  Ernie Ray Holley appealed his convictions for resisting arrest with violence, grand theft, armed robbery, and aggravated assault. The First District Court of Appeal reversed his resisting arrest conviction due to an erroneous jury instruction, certified a question of great public
• Hummel v. Heckler
  736 F.2d 91· 3d Cir.· 1984-06-11 ·cited 6×
  The court held that a claimant is entitled to discovery regarding potential administrative law judge bias, even after the agency proceeding, if the bias claim is raised promptly after discovery of grounds for disqualification.
• United States v. Calhoun
  726 F.2d 162· 4th Cir.· 1984-01-30 ·cited 6×
  The court held that the exclusion of evidence regarding the defendant's intent and the prosecutor's demonstrative misconduct prejudiced the defendant, requiring reversal.
• United States v. Patterson
  724 F.2d 1128· 5th Cir.· 1984-01-30 ·cited 6×
  The court held that the district court erred in denying the defendant's request for a government-funded fingerprint expert, as such services were necessary for an adequate defense when the government's case relied heavily on fingerprint evidence.
• Wilson v. Morris
  724 F.2d 591· 7th Cir.· 1984-01-05 ·cited 6×
  The court held that a joint preliminary examination over defense objection does not automatically require reversal if no actual conflict of interest adversely affected counsel's performance.
• Lyle v. Koehler
  720 F.2d 426· 6th Cir.· 1983-10-21 ·cited 6×
  The admission of extra-judicial statements by a co-defendant, which incriminated the petitioner and were not subject to cross-examination, violated the petitioner's Sixth Amendment right to confrontation.
• Walker v. State
  438 So. 2d 969· Fla. 2d DCA· 1983-10-07 ·cited 6×
  George Walker appealed his convictions for kidnapping and sexual battery on the ground that the trial court improperly excluded him from the jury selection process during the exercise of peremptory challenges, despite his requests to be present. The appellate court reversed and r
• McCRAY v. State
  433 So. 2d 5· Fla. 4th DCA· 1983-05-18 ·cited 6×
  George Warren McCray appeals his convictions and sentences for cocaine trafficking, sale, and possession. The Fourth District Court of Appeal affirmed his convictions, finding that while the trial court erred in allowing testimony about an excluded physical evidence test kit, the
• Landrum v. State
  430 So. 2d 549· Fla. 2d DCA· 1983-04-29 ·cited 6×
  The court held that evidence of statements made in connection with a withdrawn guilty plea is inadmissible for impeachment purposes, even if the prior proceeding is not explicitly identified.
• Midshipman First Class Robert O. Wimmer v. The Honorable John F. Lehman, Jr.
  705 F.2d 1402· 4th Cir.· 1983-04-28 ·cited 6×
  The court held that the Naval Academy's procedures did not violate due process and that the Secretary had statutory authority to order the midshipman to active duty. The court reversed the preliminary injunction.
• Barefoot v. W.J. Estelle, Jr.
  697 F.2d 593· 5th Cir.· 1983-01-20 ·cited 6×
  The court held that the admission of psychiatric testimony on future dangerousness was not a constitutional violation, and the state court had jurisdiction to resentence. Therefore, the motion to stay execution was denied.
• Hanahan v. Luther
  693 F.2d 629· 7th Cir.· 1982-08-27 ·cited 6×
  The court held that the district court correctly applied the rational basis standard of review for parole revocation decisions and that any procedural errors were harmless.
• Henthorne v. State
  409 So. 2d 1081· Fla. 2d DCA· 1982-01-08 ·cited 6×
  Daniel Henthorne appeals his armed robbery conviction, arguing his confession was involuntary. The court agrees that the police officer's promise not to charge him with two other robberies if he identified his coperpetrator rendered the confession involuntary and inadmissible, th
• United States v. McLAUGHLIN
  663 F.2d 949· 9th Cir.· 1981-12-14 ·cited 6×
  The court held that the trial court erred in excluding testimony regarding a witness's alleged prior inconsistent statements, as the foundational requirements of Federal Rule of Evidence 613(b) were met and the exclusion was not harmless.
• Powell v. Levit
  640 F.2d 239· 9th Cir.· 1981-02-19 ·cited 6×
  The court held that the admission of evidence of the plaintiff's prior juvenile adjudication and a sixteen-year-old criminal conviction was prejudicial error.
• DuBOSE v. Lefevre
  619 F.2d 973· 2d Cir.· 1980-04-23 ·cited 6×
  The knowing use of perjured testimony, even if only regarding credibility, violates due process and requires a new trial if it could have affected the jury's judgment.
• Monk v. Blackburn
  605 F.2d 837· 5th Cir.· 1979-10-31 ·cited 6×
  The court held that it lacks jurisdiction to review the Louisiana Supreme Court's interpretation of state law and that any constitutional error in applying the state's witness impeachment statute was harmless.
• United States v. Beattie
  594 F.2d 1327· 9th Cir.· 1979-04-17 ·cited 6×
  The court held that the admission of prejudicial evidence regarding unrelated loan losses, mischaracterized by the prosecution, constituted reversible error requiring a new trial.
• McDANIEL v. State OF Okla.
  582 F.2d 1242· 10th Cir.· 1978-08-25 ·cited 6×
  Federal habeas corpus relief is not available for a Fourth Amendment claim if the state provided an opportunity for full and fair litigation of that claim, even if the state court found the admission of evidence to be harmless error.
• United States v. Nutile
  550 F.2d 701· 1st Cir.· 1977-03-11 ·cited 6×
  The court held that the government's efforts to identify and locate the informant were sufficiently diligent and reasonable, and that any hearsay admitted was harmless error.
• Anibal and Rebeca Soto v. State
  325 So. 2d 414· Fla. 3d DCA· 1976-01-20 ·cited 6×
  Appellants Anibal and Rebeca Soto and others appealed their convictions for aiding or assisting in conducting a lottery, challenging the validity of the search warrant and the sufficiency of evidence. The Florida District Court of Appeal affirmed their convictions and sentences,
• United States v. Pope
  529 F.2d 112· 9th Cir.· 1976-01-16 ·cited 6×
  The court held that the prosecution's failure to disclose a material witness's plea bargain, and its failure to correct the witness's false testimony denying the bargain, violated the defendant's right to a fair trial.
• Burton v. G. A. C. Fin. Co.
  525 F.2d 961· 5th Cir.· 1976-01-12 ·cited 6×
  The court held that the dismissal of the case at the pleading stage was improper due to procedural errors, including the ex parte submission of evidence and lack of opportunity for the plaintiff to be heard.
• United States v. Velia Tapia-Lopez
  521 F.2d 582· 9th Cir.· 1975-06-13 ·cited 6×
  The court held that the jury instruction creating an inference of knowledge from possession was unconstitutional and not harmless error, requiring reversal.
• Johnson v. State
  312 So. 2d 231· Fla. 2d DCA· 1975-04-30 ·cited 6×
  Joseph Johnson was convicted of grand larceny after the trial court overruled his objection to an expert witness on valuation who was not listed on the state's discovery disclosure. The appellate court reversed, holding that the trial court failed to conduct the mandatory inquiry
• United States v. Miranda
  510 F.2d 385· 9th Cir.· 1975-01-13 ·cited 6×
• United States v. Cleveland
  507 F.2d 731· 7th Cir.· 1974-10-24 ·cited 6×
  The court held that in net worth tax evasion cases, the entire Special Agent's Report (SAR) must be tendered to the defense under the Jencks Act, as the investigation itself constitutes the subject matter of the agent's testimony.