Harmless Error Analysis

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

• Zebedee McNICHOLS v. State
  296 So. 2d 530· Fla. 3d DCA· 1974-06-18 ·cited 6×
  Zebedee McNichols was convicted of second-degree murder and sentenced to life imprisonment after a jury trial where he raised an insanity defense. The Florida appellate court reversed and remanded for a new trial because the trial judge improperly denied the jury's request to hea
• United States v. Kenaan
  496 F.2d 181· 1st Cir.· 1974-04-26 ·cited 6×
  The court held that the statutory presumption in 18 U.S.C. § 545, as applied to cocaine, is unconstitutional and its use in jury instructions was not harmless error.
• State OF Wis. ex rel. Thomas Monsoor v. Gagnon
  497 F.2d 1126· 7th Cir.· 1974-03-19 ·cited 6×
  Striking a defense witness's testimony on collateral credibility issues, after the witness invoked the Fifth Amendment, violates the Sixth and Fourteenth Amendments' right to compulsory process.
• Newton v. State
  272 So. 2d 15· Fla. 3d DCA· 1973-01-03 ·cited 6×
  Raymond and Germaine Newton appeal their convictions for second-degree murder in the shooting death of William Flagler during a home invasion. The appellate court affirmed the convictions, finding no reversible error in the trial court's evidentiary rulings or handling of procedu
• Clark v. Lowe
  261 So. 2d 567· Fla. 4th DCA· 1972-04-07 ·cited 6×
  The trial court committed reversible error by instructing the jury on the contributory negligence of a minor plaintiff under six years old.
• Erving v. Sigler
  453 F.2d 843· 8th Cir.· 1972-01-14 ·cited 6×
  The court held that the state trial judge's ruling overruling an objection to a confession did not constitute a reliable determination of voluntariness as required by Jackson v. Denno.
• Howard v. Craven
  446 F.2d 586· 9th Cir.· 1971-06-15 ·cited 6×
• United States v. Evans
  438 F.2d 162· D.C. Cir.· 1971-01-07 ·cited 6×
  The court held that the pretrial identification procedure, despite its suggestive nature, was justified by the unique circumstances and did not violate the Fifth or Sixth Amendments.
• United States v. MAY
  431 F.2d 678· 9th Cir.· 1970-09-22 ·cited 6×
  The court held that the jury instructions creating an inference of unlawful importation from possession of marijuana constituted reversible error unless harmless beyond a reasonable doubt, and in this case, the error was not harmless.
• United States v. Robinson
  430 F.2d 1141· 6th Cir.· 1970-09-04 ·cited 6×
  The court held that the warrantless search of the appellant's apartment was unlawful because the government failed to prove abandonment, and the admission of the seized hat into evidence was prejudicial error requiring reversal.
• United States v. Classen
  424 F.2d 494· 6th Cir.· 1970-04-15 ·cited 6×
  A witness's extra-judicial statement is not admissible as substantive evidence, but only to impeach the witness's trial testimony.
• DeLONG v. Williams
  232 So. 2d 246· Fla. 4th DCA· 1970-03-04 ·cited 6×
  In this personal injury appeal arising from a 1963 rear-end collision, the Fourth District Court of Appeal reversed and remanded for a new trial on damages because the trial court improperly admitted an unauthenticated court reporter's transcript of the plaintiff's prior workers'
• United States v. King
  415 F.2d 737· 6th Cir.· 1969-08-06 ·cited 6×
  The court held that the jury panel prejudice claim was harmless error, handwriting exemplars and license plate testimony were admissible, but a more severe sentence imposed after a retrial without stated reasons violates due process.
• Charles v. Turner
  416 F.2d 815· D.C. Cir.· 1969-06-03 ·cited 6×
  The dissenting judge held that the prosecutor's argument referencing notorious criminals and informers was improper and prejudiced the appellant, requiring reversal.
• Application of Michael Reynolds for a Writ of Habeas Corpus
  397 F.2d 131· 3d Cir.· 1968-07-02 ·cited 6×
  The dissenting judge would reverse the judgment and grant a new trial regarding the appellants' degree of guilt.
• Gordan v. United States
  313 F.2d 582· D.C. Cir.· 1962-12-17 ·cited 6×
  The court held that the trial judge's refusal to inspect grand jury testimony for inconsistencies was error, and the case should be remanded for examination of the testimony.
• Strayer v. Johnston
  155 Fla. 791· Fla.· 1945-04-06 ·cited 6×
  A motorcycle officer collided with a turning automobile in downtown Ft. Lauderdale. The trial court erroneously instructed the jury on statutes requiring 100-foot turn signals that applied only to highways outside municipal limits, not within city business districts, requiring re
• Wernokoff v. State
  121 Fla. 62· Fla.· 1935-10-01 ·cited 6×
  Leo Wernokoff was convicted of armed robbery of a packing house and sentenced to six years and seven months. The Florida Supreme Court reversed and remanded for a new trial, finding that the trial court erred by admitting testimony of trucks seen hours before the robbery and fail
• Boston v. State
  296 So. 3d 580· Fla.· 2021-10-07 ·cited 5×
  A trial court's error in applying an incorrect burden of proof at a pretrial Stand Your Ground immunity hearing is harmless when the defendant is subsequently convicted at trial by proof beyond a reasonable doubt, because the trial burden exceeds the pretrial burden and thus cure
• Radler v. State
  290 So. 3d 87· Fla. 4th DCA· 2020-02-12 ·cited 5×
  The trial court erred in refusing to give a jury instruction on justifiable use of non-deadly force where defendant's testimony that the victim approached him in a threatening manner and took a squaring-off stance provided sufficient evidence to support the instruction under the
• Hedvall v. State
  283 So. 3d 901· Fla. 3d DCA· 2019-11-06 ·cited 5×
  The appellate court affirmed the conviction and sentence of Peter Erik Hedvall for second-degree murder. The court found no reversible error in the trial court's decisions regarding the admission of expert testimony, the denial of challenges for cause to certain jurors, the admis
• Quijano v. State
  270 So. 3d 549· Fla. 2d DCA· 2019-05-08 ·cited 5×
  The trial court's revocation of probation is affirmed, but the order is remanded to cite condition 33 rather than condition 21 as the violated provision. Although the affidavit and order erroneously cited condition 21, the error was harmless because the defendant received adequat
• King v. State
  263 So. 3d 244· Fla. 2d DCA· 2019-01-25 ·cited 5×
  A trial court commits fundamental error by failing to conduct a competency hearing and render a written order on competency after appointing experts to evaluate the defendant. Although the trial court also erred in failing to instruct the jury of a rebuttable presumption of insan
• Raymond v. State
  257 So. 3d 624· Fla. 5th DCA· 2018-11-02 ·cited 5×
  The admission of the victim's detailed statements to responding officers, made after the emergency had ceased and in response to police interrogation, violated the defendant's Sixth Amendment right to confrontation and was not harmless error where the victim did not testify and t
• Nolley v. State
  237 So. 3d 469· Fla. 1st DCA· 2018-02-09 ·cited 5×
  Jeffrey Nolley appeals his convictions for trafficking methamphetamine, unlawful possession of pseudoephedrine, possession of cannabis, and possession of drug paraphernalia. The appellate court affirmed the convictions, holding that evidence was legally sufficient to support cons
• Glenroy Anderson v. State
  230 So. 3d 175· Fla. 4th DCA· 2017-11-01 ·cited 5×
  Anderson was convicted of aggravated assault with a firearm based on an alleged roadway encounter. The court reversed because erroneously admitted hearsay testimony from a police officer describing the victim's prior statements about the gun's distinctive features was not harmles
• Jeffry R. Dickerson v. State
  228 So. 3d 658· Fla. 5th DCA· 2017-10-06 ·cited 5×
  Jeffry Dickerson appeals his convictions for aggravated stalking, burglary, false imprisonment, and aggravated assault with a firearm. The Florida Fifth District Court of Appeal reversed and remanded because the trial court failed to conduct a required Faretta inquiry before allo
• Altersberger v. State
  216 So. 3d 621· Fla.· 2017-04-27 ·cited 5×
  Joshua Lee Altersberger, convicted of first-degree murder for shooting Florida Highway Patrol Sergeant Nick Sottile, challenges his death sentence. The Florida Supreme Court affirms his conviction and denial of postconviction relief regarding trial counsel's advice on plea withdr
• Orme v. State
  214 So. 3d 1269· Fla.· 2017-03-30 ·cited 5×
  The Florida Supreme Court granted death row inmate Roderick Orme a new penalty phase based on the U.S. Supreme Court's decision in Hurst v. Florida, which requires that a jury—not a judge—unanimously find all facts necessary to impose a death sentence. The Court found that the 11
• Boyles v. Dillard's Inc.
  199 So. 3d 315· Fla. 1st DCA· 2016-07-25 ·cited 5×
  The personal representative of a deceased plaintiff appeals a defense verdict in a motor vehicle accident case. The court affirmed the admission of expert delta-v testimony but reversed the verdict due to defense counsel's repeated misconduct during trial, including improper impe
• Osorio v. State
  186 So. 3d 601· Fla. 4th DCA· 2016-03-02 ·cited 5×
  Kevin Osorio appeals his convictions for cannabis possession, drug paraphernalia possession, and GBL trafficking. The Fourth District Court of Appeal reversed for a new trial, finding three reversible errors: the trial court's exclusion of the confidential informant's statements
• Opsincs v. State
  185 So. 3d 654· Fla. 4th DCA· 2016-02-10 ·cited 5×
  Michael Opsincs was convicted of vehicular homicide and reckless driving charges arising from a fatal accident that killed an 11-year-old girl. The Fourth District Court of Appeal affirmed the sufficiency of evidence supporting the convictions but reversed and remanded for a new
• Gresham v. State
  181 So. 3d 1207· Fla. 1st DCA· 2015-12-08 ·cited 5×
  A motion for post-conviction DNA testing is facially insufficient if the defendant fails to allege that identity was a disputed issue at trial and explain how the DNA testing will exonerate him.
• Moss v. State
  169 So. 3d 223· Fla. 1st DCA· 2015-07-01 ·cited 5×
  Vernon Bernard Moss was convicted of burglary and sexual battery for assaulting a resident at an apartment complex where he worked. The Florida First District Court of Appeal reversed the convictions and remanded for a new trial, finding reversible error in the admission of colla
• Ward v. State
  165 So. 3d 789· Fla. 4th DCA· 2015-05-27 ·cited 5×
  Jerry Ward appeals his drug trafficking and related convictions, arguing the state violated discovery rules by failing to properly designate Detective Burroughs as an expert witness before trial. The Fourth District Court of Appeal reversed and remanded for a new trial, finding t
• Betts v. State
  157 So. 3d 376· Fla. 2d DCA· 2015-01-30 ·cited 5×
  Eugene Betts petitioned for relief from ineffective assistance of appellate counsel, claiming his appellate counsel failed to raise trial court errors regarding his unequivocal requests to proceed pro se. The court granted the petition as to two grounds, finding the trial court c
• Ayalavillamizar v. State
  134 So. 3d 492· Fla. 4th DCA· 2014-02-12 ·cited 5×
  Jorge Ivan Ayalavillamizar appeals his first-degree murder conviction for the 2004 bludgeoning death of his girlfriend with a sledgehammer. He challenges the sufficiency of circumstantial evidence, evidentiary rulings admitting evidence of prior violence and abortion, the prosecu
• Chavers v. State
  115 So. 3d 1017· Fla. 1st DCA· 2013-05-09 ·cited 5×
  The court held that the trial court erred in denying suppression of the defendant's statements because the defendant's waiver of his Miranda rights was not knowing and intelligent, and that the omission of a second-degree murder jury instruction constituted fundamental error.
• Whigham v. State
  97 So. 3d 274· Fla. 1st DCA· 2012-09-06 ·cited 5×
  The court held that the prosecutor's statements during closing arguments did not improperly vouch for a witness's credibility or comment on the defendant's right to remain silent.
• Reffaie v. Wal-Mart Stores, Inc.
  96 So. 3d 1073· Fla. 4th DCA· 2012-09-05 ·cited 5×
  In this slip-and-fall negligence case, the Florida Fourth District Court of Appeal reversed a jury verdict that found the plaintiff 80% comparatively negligent, holding that defense counsel's improper closing argument mischaracterizing an expert witness's relationship with person
• R.J. Reynolds Tobacco Co. v. Mack
  92 So. 3d 244· Fla. 1st DCA· 2012-06-13 ·cited 5×
  R.J. Reynolds Tobacco Company appealed a $510,000 judgment in a wrongful death smoking case, challenging the trial court's exclusion of alternative causation evidence regarding occupational and hereditary risk factors for the decedent's laryngeal cancer. The First District Court
• Fleming v. State
  88 So. 3d 288· Fla. 1st DCA· 2012-04-17 ·cited 5×
  Fleming appeals a departure sentence imposed after resentencing, claiming an Apprendi violation occurred because sentencing enhancement factors were not submitted to a jury. The court affirms the departure sentence, finding the Apprendi violation harmless as to two key factors th
• Marston v. State
  79 So. 3d 72· Fla. 2d DCA· 2011-12-07 ·cited 5×
  The court held that while the prosecutor's comments on the defendant's right to remain silent were improper, the trial court did not abuse its discretion in denying a curative instruction because the error was harmless.
• White v. State
  76 So. 3d 335· Fla. 3d DCA· 2011-11-16 ·cited 5×
  Charles E. White appeals his convictions for two counts of first-degree murder and related crimes, arguing that his confession should be suppressed due to a delay in presenting him to a magistrate under Florida Rule of Criminal Procedure 3.130, and challenging the admission of he
• Bernard William (Willie) Reynolds v. State
  74 So. 3d 541· Fla. 4th DCA· 2011-11-09 ·cited 5×
  Bernard Reynolds was convicted of selling cocaine based on eyewitness testimony and police observations. The Fourth District affirmed the sufficiency of evidence for conviction but reversed and remanded for a new trial because the trial court improperly admitted officer testimony
• Diaz v. State
  62 So. 3d 1216· Fla. 5th DCA· 2011-06-10 ·cited 5×
  The court held that admitting hearsay testimony regarding an anonymous tip identifying the defendant was reversible error because it violated the defendant's right of confrontation and was not harmless.
• Ibarra v. State
  56 So. 3d 70· Fla. 2d DCA· 2011-02-25 ·cited 5×
  Ramiro Ibarra appealed his trafficking and conspiracy convictions, arguing the trial court reversibly erred by allowing the State to impeach him with a previously undisclosed statement without conducting a Richardson hearing. The court agreed the trial court violated discovery ru
• Nash v. State
  53 So. 3d 1208· Fla. 2d DCA· 2011-02-11 ·cited 5×
  Ernest Jerome Nash appeals his convictions for trafficking in heroin and conspiracy to traffic in heroin. The court reversed and remanded for a new trial because the trial court failed to conduct an adequate inquiry under Nelson v. State before allowing Nash to discharge his cour
• Martin v. State
  41 So. 3d 1100· Fla. 4th DCA· 2010-08-18 ·cited 5×
  Michael Martin appeals his sexual battery conviction, challenging the trial court's exclusion of his two alibi witnesses. The Fourth District Court of Appeal reversed and remanded for a new trial, holding that while Martin was not subject to the strict alibi notice rule due to th
• Jevon Wimberly v. State
  41 So. 3d 298· Fla. 4th DCA· 2010-06-30 ·cited 5×
  Jevon Wimberly appeals his conviction for attempted second-degree murder, challenging the prosecutor's closing argument about witness reluctance in the community and the jury instructions. The Fourth District Court of Appeal affirms, finding the prosecutor's comments improper but