Harmless Error Analysis

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

• Mantecon v. State
  373 So. 3d 929· Fla. 1st DCA· 2023-09-27 ·cited 4×
  The appellate court affirmed a defendant's convictions for murder, shooting into an occupied vehicle, and aggravated assault. The court found no error in allowing a witness to testify about the reasonableness of the defendant's use of deadly force, nor in denying a motion for acq
• Sievers v. State
  355 So. 3d 871· Fla.· 2022-11-17 ·cited 4×
  Mark D. Sievers was convicted of first-degree murder and conspiracy to commit murder in the 2015 hammer killing of his wife, Dr. Teresa Sievers, and sentenced to death. The Florida Supreme Court affirmed his convictions and death sentence, rejecting numerous challenges to both th
• Healthcare Underwriters Grp., Inc. v. Sanford
  337 So. 3d 32· Fla. 4th DCA· 2022-03-30 ·cited 4×
  This case involves a medical malpractice lawsuit where a jury awarded damages to the estate of a deceased patient. The appellate court affirmed the trial court's decision on most issues, including the admission of evidence regarding the doctor's financial motive and the inclusion
• Alphonso Lucas v. State
  Fla. 3d DCA· 2021-11-03 ·cited 4×
  Alphonso Lucas appealed his convictions for first-degree murder, armed burglary with assault, and aggravated animal cruelty, raising five issues regarding trial court evidentiary rulings, sentencing procedures, and double jeopardy. The appellate court affirmed the convictions on
• Alton Napper v. State
  284 So. 3d 1080· Fla. 4th DCA· 2021-02-10 ·cited 4×
  Scoresheet error is harmless when the record conclusively shows the trial court would have imposed the same sentence using a correct scoresheet.
• Valentine v. State
  307 So. 3d 726· Fla. 4th DCA· 2020-09-30 ·cited 4×
  The photographic lineup was not unnecessarily suggestive, and the manager's identification was reliable under the Manson test. The trial court did not abuse its discretion in admitting the manager's prior consistent statement identifying the defendant. Any evidentiary errors rega
• Bowling v. State
  Fla. 1st DCA· 2020-06-10 ·cited 4×
  Gerald Robert-Vernon Bowling was sentenced to 24 months in prison for felony petit theft with a criminal punishment code score of 20.6 points. The appellate court reversed his sentence, finding that the trial court erred in imposing prison without a jury finding of dangerousness,
• Peret v. State
  301 So. 3d 437· Fla. 2d DCA· 2020-05-01 ·cited 4×
  The appellate court reversed a reckless driving conviction because the trial court improperly excluded evidence of the victim's bias. The court held that the defendant should have been allowed to question the victim about her motive to lie, stemming from a prior eviction by the d
• Anderson v. State
  291 So. 3d 531· Fla.· 2020-03-05 ·cited 4×
  A defendant is not entitled to a jury instruction on the permissive lesser-included offense of reckless driving where the charging instrument fails to expressly allege the element of driving, because elements of an offense cannot be established by mere inference in the charging d
• McWilliams v. Comm'r, Ala. Dep't of Corr.
  940 F.3d 1218· 11th Cir.· 2019-10-15 ·cited 4×
  An Alabama inmate sentenced to death was denied meaningful psychiatric assistance at his capital sentencing hearing in violation of *Ake v. Oklahoma*, when the trial court refused his counsel's request for expert help to evaluate and present mental health mitigating evidence desp
• Daniel v. State
  271 So. 3d 1214· Fla. 1st DCA· 2019-05-06 ·cited 4×
  Appellant was convicted of vehicular homicide and first-degree fleeing or eluding after a high-speed chase resulted in a fatal collision with a minivan. The appellate court vacated the fleeing or eluding conviction based on the single homicide rule, which prohibits dual convictio
• Campbell v. State of Fla. Dep't of Transp.
  267 So. 3d 541· Fla. 1st DCA· 2019-03-28 ·cited 4×
  Competent, substantial evidence supported the trial court's finding that FDOT continuously and uninterruptedly maintained the subject property for four years beginning no later than May 22, 2007, causing title to vest in FDOT on May 22, 2011, under section 95.361, Florida Statute
• Noack v. State
  260 So. 3d 1172· Fla. 1st DCA· 2018-12-27 ·cited 4×
  A defendant's pre-trial waiver of Rule 3.191 speedy trial time limits continues to apply after appellate reversal and remand for retrial, unless the defendant moved for discharge before the first trial. Alternatively, a defendant may revoke a pre-trial waiver by filing a demand f
• Araj v. Renfro
  260 So. 3d 1121· Fla. 5th DCA· 2018-11-30 ·cited 4×
  The trial court abused its discretion by refusing to give a jury instruction on the statutory prohibition against operating vehicles incompatible with safe traffic movement on limited-access facilities, where the instruction stated correct law, was supported by evidence, and addr
• Charles v. State
  204 So. 3d 1257· Fla. 3d DCA· 2018-11-07 ·cited 4×
  The trial court did not abuse its discretion in denying the motion for mistrial because Charles failed to preserve the integrity-attack argument by raising a different legal basis (speaking arguments) at trial, and alternatively, any error was harmless given overwhelming evidence
• Williams v. State
  257 So. 3d 1192· Fla. 1st DCA· 2018-11-06 ·cited 4×
  The trial court did not commit reversible error in admitting eyewitness identifications, photographic evidence, jail visitation logs showing bias, or in denying the motion for judgment of acquittal where competent evidence supported every element of the charged offenses.
• Barr v. State
  Fla. 4th DCA· 2018-10-10 ·cited 4×
  A first appearance judge must make an explicit finding as to whether the probable cause affidavit establishes that proof of guilt is evident or the presumption great before denying pretrial release without bond; failure to make this finding is error, but may be deemed harmless if
• Washington v. State
  253 So. 3d 64· Fla. 1st DCA· 2018-08-01 ·cited 4×
  A suspect's question about whether he needs or can call a lawyer does not unequivocally invoke the right to counsel when the question is reasonably interpreted as an inquiry about the suspect's rights rather than an express desire to terminate the interview and speak with counsel
• Homeowners Choice Prop. & Cas. v. Sanjay Kuwas
  251 So. 3d 181· Fla. 4th DCA· 2018-07-05 ·cited 4×
  A new trial is warranted when opposing counsel makes arguments that improperly imply an insurer's bad faith in claims handling, disparage the insurer's defenses by suggesting they are pretextual, and suggest the insurer should be punished for exercising its right to defend, as su
• Zanja Walters v. Petgrave
  248 So. 3d 1202· Fla. 4th DCA· 2018-06-13 ·cited 4×
  Due process requires that a party be given the opportunity to be heard, testify, and call witnesses on the party's behalf, and the denial of this right is fundamental error. A trial court cannot preclude a party from presenting her case-in-chief merely due to time constraints, ev
• Sanchez v. Martin
  248 So. 3d 1174· Fla. 4th DCA· 2018-06-06 ·cited 4×
  A trial court errs in instructing the jury on aggravation of preexisting conditions when the record contains no material evidence supporting such an instruction, even if evidence of preexisting conditions was introduced to rebut claims of permanent injury.
• Darion Johnson v. State
  256 So. 3d 208· Fla. 5th DCA· 2018-05-25 ·cited 4×
  An attorney's suspension from practice based solely on failure to comply with continuing legal education requirements, when the suspension is retroactively cured within sixty days and the attorney was unaware of the deficiency at trial, does not constitute reversible error or vio
• Dantrell J Jenkins v. State
  242 So. 3d 499· Fla. 1st DCA· 2018-04-05 ·cited 4×
  A trial court does not abuse its discretion by admitting a child hearsay statement without continuing a hearing to allow the defense to present impeachment witnesses when the statement is reliable and the defendant has admitted to the underlying facts.
• Cromartie v. State
  241 So. 3d 970· Fla. 1st DCA· 2018-03-29 ·cited 4×
  Appellant appealed a probation revocation order, arguing that one of seven violation findings lacked evidentiary support. The appellate court agreed that the trial court erred in finding the appellant violated the non-association condition of probation but affirmed the revocation
• ST. Pierre v. State
  228 So. 3d 583· Fla. 4th DCA· 2017-09-27 ·cited 4×
  Rene St. Pierre was convicted of burglary and misdemeanor battery following a fight with his neighbor over dogs. The Fourth District Court of Appeal reversed and remanded for a new trial, holding that the trial court erred by refusing to instruct the jury on self-defense for the
• Bailey v. Jones
  225 So. 3d 776· Fla.· 2017-07-06 ·cited 4×
  Robert J. Bailey seeks habeas corpus relief from his death sentence under Hurst v. Florida, which requires jury unanimity in recommending capital punishment. The Florida Supreme Court grants the petition, finding that Bailey's 11-1 jury recommendation violates Hurst and the error
• White v. Junior
  219 So. 3d 230· Fla. 3d DCA· 2017-05-17 ·cited 4×
  Travis White petitions for habeas corpus after being convicted of direct criminal contempt for failing to submit to a court-ordered drug test and return to court in a dependency proceeding. The Florida District Court of Appeal vacates the conviction and remands for prosecution as
• Ault v. State
  213 So. 3d 670· Fla.· 2017-03-09 ·cited 4×
  Howard Steven Ault, convicted of murdering two young sisters, appeals denial of postconviction relief under Florida Rule of Criminal Procedure 3.851. The Florida Supreme Court affirms the denial of Ault's ineffective assistance of counsel claims regarding his guilt phase but gran
• Reed v. State
  208 So. 3d 1231· Fla. 1st DCA· 2017-01-19 ·cited 4×
  Shaun Reed appeals his burglary conviction, arguing the trial court erred in instructing the jury on the stealthy-entry inference under Florida Statute 810.07(1). The court affirms the conviction despite finding the instruction erroneous, holding the error was harmless because Re
• Williams v. State
  199 So. 3d 424· Fla. 2d DCA· 2016-08-24 ·cited 4×
  Fabian Williams was convicted of felony murder, robbery with a firearm, and two counts of attempted robbery arising from an armed robbery that resulted in a death. The appellate court reversed the attempted robbery conviction against one victim for insufficient evidence and rever
• Ortiz v. State
  192 So. 3d 517· Fla. 2d DCA· 2016-04-29 ·cited 4×
  Pedro Ortiz was convicted of aggravated battery on a victim 65 years or older, home invasion robbery, and grand theft of a motor vehicle. On appeal, the Florida Second District Court of Appeal reversed his aggravated battery conviction and sentence because the trial court erred b
• Romero v. State
  169 So. 3d 1261· Fla. 5th DCA· 2015-07-24 ·cited 4×
  Frank Romero appeals his convictions for lewd or lascivious molestation and conduct, challenging the trial judge's response to the jury's request for trial transcripts. The appellate court affirms the convictions but addresses the proper procedure for handling jury requests for r
• Risto Jovan Wyatt v. State
  183 So. 3d 1081· Fla. 4th DCA· 2015-05-20 ·cited 4×
  Risto Jovan Wyatt appeals his conviction for trafficking cocaine and perjury. The Fourth District Court of Appeal reversed and remanded for a new trial because the trial court erred in excluding exculpatory testimony from a witness that was admissible under the former testimony h
• Lamont Davis v. State
  153 So. 3d 360· Fla. 4th DCA· 2014-12-17 ·cited 4×
  Lamont Davis was convicted of felony murder, armed burglary, and other crimes in connection with a 2010 home robbery and killing in Port St. Lucie, Florida. He appealed arguing Miranda violations in his confession, improper use of suppressed statements in a search warrant affidav
• R.M.O. v. State
  152 So. 3d 697· Fla. 4th DCA· 2014-11-26 ·cited 4×
  A juvenile court found R.M.O. guilty as charged in a delinquency petition and withheld adjudication. The appellate court affirmed, finding any evidentiary errors harmless, while using the case to remind trial courts of the special care required when making evidentiary rulings in
• Morrison v. State
  161 So. 3d 564· Fla. 2d DCA· 2014-10-29 ·cited 4×
• M.H. v. State
  151 So. 3d 32· Fla. 3d DCA· 2014-10-29 ·cited 4×
  M.H., a juvenile charged with burglary and theft, appeals from an order withholding adjudication and imposing probation. The court reverses because the State violated discovery rules by improperly classifying the victim as a Category B witness when the victim should have been lis
• Young v. State
  137 So. 3d 532· Fla. 4th DCA· 2014-04-09 ·cited 4×
  The court held that a prosecutor's suggestion during closing arguments that a photo lineup's reliability was already established by a pretrial ruling, coupled with an insufficient curative instruction, deprived the defendant of a fair trial.
• Alexeis Ramayo v. State
  132 So. 3d 1224· Fla. 3d DCA· 2014-02-26 ·cited 4×
  Alexeis Ramayo was convicted of battery as a lesser included offense of sexual battery and lewd and lascivious molestation of his three-year-old niece based primarily on the child's statements. The Florida Third District Court of Appeal reversed and remanded for a new trial, hold
• Combs v. State
  133 So. 3d 564· Fla. 2d DCA· 2014-02-14 ·cited 4×
  Charles Combs was convicted of two counts of robbery with a mask and sentenced to 30 years in prison. The court reversed because the trial judge failed to conduct a constitutionally required Faretta hearing after Combs unequivocally expressed his desire to represent himself, whic
• Brock D. Mardis v. State
  122 So. 3d 950· Fla. 4th DCA· 2013-10-09 ·cited 4×
  Mardis appeals his sexual battery conviction, challenging the trial court's exclusion of evidence that the victim had financial motivations to fabricate the charges. The Fourth District Court of Appeal reversed and remanded for a new trial, holding that evidence of the victim's a
• Rivers v. State
  124 So. 3d 247· Fla. 2d DCA· 2013-08-23 ·cited 4×
  Patrick Rivers was convicted of multiple crimes including burglaries, thefts, and fleeing to elude police following a string of car burglaries. The appellate court reversed convictions for attempted burglary, burglaries and thefts related to stolen purses, and fleeing to elude; a
• Clark MacKendrick v. State
  112 So. 3d 131· Fla. 1st DCA· 2013-05-09 ·cited 4×
  Clark MacKendrick was convicted of capital sexual battery and lewd or lascivious molestation based primarily on his incriminating statement made during a prison interrogation. The First District Court of Appeal reversed his convictions, holding that the police conducted a custodi
• Massey v. State
  109 So. 3d 324· Fla. 4th DCA· 2013-03-20 ·cited 4×
  Massey was convicted of cocaine possession and felon in possession of a firearm following a traffic stop. The appellate court reversed because the trial court erred in excluding a tape recording of the driver's jailhouse interview with the detective, which was offered as non-hear
• Morrow v. State
  104 So. 3d 1226· Fla. 1st DCA· 2012-12-17 ·cited 4×
  The appellate court held that the trial court's order denying the motion to correct an illegal sentence must be reversed because the record was insufficient to review the harmless error analysis.
• Thornhill v. State
  103 So. 3d 949· Fla. 4th DCA· 2012-12-12 ·cited 4×
  Representation by a suspended attorney during a critical stage of a criminal proceeding is not per se reversible error if the error was harmless and did not infect the entire proceeding.
• Darrelle M. Johnson v. State
  114 So. 3d 205· Fla. 5th DCA· 2012-10-12 ·cited 4×
  The court held that the issues raised by the appellant were not cognizable in a habeas corpus petition because they should have been raised on direct appeal.
• Massengale v. State
  69 So. 3d 1095· Fla. 1st DCA· 2011-09-27 ·cited 4×
  Stephen Massengale appeals his DUI-related manslaughter and other convictions, challenging prosecutorial comments about his right not to testify and the imposition of a mandatory prosecution cost. The court affirmed the convictions under harmless error analysis but reversed the $
• Sanchez-Andujar v. State
  60 So. 3d 480· Fla. 1st DCA· 2011-04-15 ·cited 4×
  Hector Luis Sanchez-Andujar was convicted of attempted first-degree murder and attempted second-degree murder. The trial court excluded his son Christian Sanchez as an alibi witness due to late disclosure in violation of discovery rules. The appellate court reversed and remanded
• T.J. v. State
  57 So. 3d 975· Fla. 3d DCA· 2011-03-30 ·cited 4×
  The court held that the trial court's failure to conduct an adequate Richardson inquiry after the State's untimely disclosure of key witnesses constituted reversible error.