Harmless Error Analysis

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

• Jones v. State
  754 So. 2d 792· Fla. 1st DCA· 2000-03-23 ·cited 4×
  On remand from the Florida Supreme Court, the First District Court of Appeal reversed Herbert Jones's conviction for sexual battery and robbery, finding that improperly admitted collateral crime evidence (testimony about a kidnapping and possession of the victim's ATM card) was n
• Sullivan v. State
  751 So. 2d 128· Fla. 2d DCA· 2000-01-14 ·cited 4×
  The court held that the trial court erred by refusing to allow the defendant to testify that his prior convictions stemmed from guilty pleas and by allowing the State to question the defendant about whether police witnesses were lying.
• Hammett v. State
  746 So. 2d 1190· Fla. 2d DCA· 1999-12-10 ·cited 4×
  David Horace Hammett appealed the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, raising two grounds. The appellate court found that the trial court committed a clear error by miscalculating Hammett's sentencing scoresheet, and beca
• Eusebio Lazaro Medina v. State
  743 So. 2d 116· Fla. 3d DCA· 1999-09-22 ·cited 4×
  Eusebio Lazaro Medina appealed his conviction on five counts including sexual battery, burglary, aggravated battery, and kidnapping. The Third District Court of Appeal affirmed his convictions but certified a constitutional question to the Florida Supreme Court regarding whether
• Chambers v. State
  742 So. 2d 839· Fla. 3d DCA· 1999-09-13 ·cited 4×
  Lawrence Vincent Chambers was convicted of burglary with assault/battery of an occupied dwelling while armed and armed robbery. The Florida District Court of Appeal reversed and remanded for a new trial because the trial court committed reversible error by admitting out-of-court
• Khalif Jones v. State
  739 So. 2d 1220· Fla. 1st DCA· 1999-08-05 ·cited 4×
  The Florida appellate court reversed Khalif Jones's convictions for armed robbery, carjacking, and kidnapping because the trial court erred in denying his motion for mistrial after prosecution testimony conveyed the clear inference that a non-testifying codefendant had implicated
• Morrell v. State
  779 So. 2d 304· Fla. 2d DCA· 1999-07-09 ·cited 4×
  Marvin Morrell appealed his convictions for robbery, aggravated assault, and fraudulent use of a credit card, raising three claims regarding jury selection, witness testimony about a handgun, and hearsay evidence of a confession. The Florida District Court of Appeal affirmed all
• Harris v. State
  737 So. 2d 1159· Fla. 4th DCA· 1999-06-30 ·cited 4×
• Ackerman v. State
  737 So. 2d 1145· Fla. 1st DCA· 1999-06-22 ·cited 4×
  Kenneth Ackerman appeals his conviction for DUI Manslaughter-Leaving the Scene after he struck and killed a pedestrian while driving under the influence and fled the scene. The appellate court affirmed the conviction, rejecting challenges to the sufficiency of evidence, jury inst
• Guerra-Villafane v. Singletary
  729 So. 2d 972· Fla. 3d DCA· 1999-03-17 ·cited 4×
  The court held that appellate counsel was ineffective for failing to raise the meritorious issue of an erroneous jury instruction on entrapment.
• Nichols v. State
  721 So. 2d 807· Fla. 5th DCA· 1998-12-11 ·cited 4×
  Everett Leon Nichols appeals his conviction for robbery with a firearm, claiming the trial court reversibly erred by asking the store clerk to identify him as the robber, thereby impermissibly acting as prosecutor. The Florida District Court of Appeal affirms the conviction, find
• Mosley v. State
  720 So. 2d 606· Fla. 5th DCA· 1998-11-06 ·cited 4×
  The court held that the lower court abused its discretion by failing to conduct a meaningful Nelson inquiry into the defendant's claims of ineffective assistance of counsel.
• Adside v. State
  722 So. 2d 228· Fla. 5th DCA· 1998-11-06 ·cited 4×
  The court held that while the trial court erred in admitting similar fact evidence without proper notice, the error was harmless due to overwhelming evidence of guilt. Sentencing claims were waived due to failure to object below.
• Brown v. State
  719 So. 2d 882· Fla.· 1998-10-15 ·cited 4×
  The Florida Supreme Court overruled its prior decision in Parker v. State and held that when a criminal defendant offers to stipulate to prior convicted felon status in a felon-in-possession of firearm case, the trial court must accept that stipulation, following the U.S. Supreme
• Corpus v. State
  718 So. 2d 1266· Fla. 2d DCA· 1998-10-09 ·cited 4×
  Andrew Corpus was convicted of attempted capital sexual battery and lewd and lascivious behavior based on allegations by a 10-year-old boy. The Florida appellate court reversed the conviction because the trial court improperly admitted evidence of similar acts involving a differe
• Hite v. State
  718 So. 2d 270· Fla. 5th DCA· 1998-09-04 ·cited 4×
  Bernard Hite was convicted of leaving the scene of an accident and driving with a suspended license after being charged with more serious offenses. On appeal, Hite challenged the trial court's admission of a statement he made to the arresting officer about pleading guilty, arguin
• Bowles v. State
  716 So. 2d 769· Fla.· 1998-08-27 ·cited 4×
  Gary Bowles appealed his death sentence for the murder of Walter Hinton. The Florida Supreme Court affirmed his first-degree murder conviction but reversed his death sentence and remanded for a new sentencing proceeding, finding that the trial court erred in allowing the State to
• Pliny H. Sohl v. State
  710 So. 2d 676· Fla. 5th DCA· 1998-04-24 ·cited 4×
  A defendant cannot be sentenced as a habitual felony offender for the first time upon revocation of probation if proper notice was not given prior to the original plea and sentencing, or if the defendant did not agree to such sentencing as part of the original plea bargain.
• Chambers v. State
  708 So. 2d 664· Fla. 4th DCA· 1998-04-08 ·cited 4×
  The court held that the erroneous admission of pre-release breath alcohol test results was harmless error because sufficient other evidence proved the defendant's impairment.
• Anderson A. Medina, Sr. v. Peralta
  705 So. 2d 703· Fla. 3d DCA· 1998-02-11 ·cited 4×
  In this underinsured motorist insurance case, the Third District Court of Appeal reversed a judgment for Peralta and remanded for a new trial, holding that a trial court erred by precluding the jury from learning about Peralta's underinsured motorist carrier. The court ruled that
• Wordsworth Irving v. State
  705 So. 2d 1021· Fla. 1st DCA· 1998-02-06 ·cited 4×
  The dissenting judge believes the majority misapplied Hadden v. State by requiring Frye testing for psychological tests that are not new or novel.
• Reeves v. State
  711 So. 2d 561· Fla. 2d DCA· 1997-12-31 ·cited 4×
  The court held that the trial court erred in allowing the prosecutor to impermissibly impeach the appellant's sole defense witness on a collateral matter.
• Henry v. State
  700 So. 2d 797· Fla. 4th DCA· 1997-10-29 ·cited 4×
  Pierre Henry was convicted of robbery based on identification testimony. The appellate court reversed and remanded for a new trial because the victim's mother was improperly allowed to testify twice about her opinion regarding Henry's guilt, invading the province of the jury.
• Arrington v. State
  700 So. 2d 777· Fla. 2d DCA· 1997-10-17 ·cited 4×
  Alvin Arrington was convicted of capital sexual battery against his 12-year-old stepdaughter based primarily on her testimony, as no physical evidence corroborated the allegations. The appellate court reversed and remanded for a new trial because the State improperly admitted tes
• Weeks v. State
  696 So. 2d 1319· Fla. 1st DCA· 1997-07-22 ·cited 4×
  Dale Weeks appeals his convictions and sentences for battery, sexual battery, and false imprisonment. The court affirmed his convictions but reversed and remanded for resentencing because the trial judge imposed sentences exceeding the statutory maximums for second-degree and thi
• Leverett v. State
  696 So. 2d 519· Fla. 4th DCA· 1997-07-09 ·cited 4×
  The Florida Fourth District Court of Appeal reversed Michael Leverett's sexual battery conviction, holding that evidence of a prior 1979 sexual battery was improperly admitted because the crimes were not strikingly similar and the evidence was used primarily to show the defendant
• Rayl Kellar v. State
  690 So. 2d 630· Fla. 1st DCA· 1997-02-28 ·cited 4×
  The court held that the trial court's failure to certify on the record that the defendant knowingly and voluntarily waived his presence at bench conferences during jury selection, or that he ratified his attorney's peremptory strikes, constituted a technical error that was harmle
• Howell v. State
  687 So. 2d 1339· Fla. 1st DCA· 1997-02-04 ·cited 4×
  Sean Lamar Howell was convicted of second-degree murder with a firearm after being charged with first-degree murder. On appeal, he challenged his conviction on two grounds: that he was tried before a six-person jury instead of twelve, and that the trial court refused to instruct
• Raupp v. State
  678 So. 2d 1358· Fla. 5th DCA· 1996-08-09 ·cited 4×
  James Raupp appeals his conviction for sexual battery on a child, arguing that the trial court improperly excluded DNA evidence relevant to the accuser's credibility and improperly allowed the prosecutor to comment on his failure to call witnesses. The appellate court reversed, f
• Jones v. State
  676 So. 2d 476· Fla. 4th DCA· 1996-06-12 ·cited 4×
  Paul Kevin Jones appealed the denial of his motion to vacate his 1990 guilty plea, claiming ineffective assistance of counsel regarding gain-time eligibility and procedural violations under Ashley v. State. The Florida Fourth District Court of Appeal affirmed the trial court's de
• Skyles v. State
  670 So. 2d 1084· Fla. 4th DCA· 1996-03-20 ·cited 4×
  Cecil Skyles appeals his convictions for sexual battery on two 7-year-old boys, challenging the admission of his confession obtained after ambiguous invocations of his right to silence and the trial court's refusal to allow recross-examination of a victim. The court reverses, fin
• Florentino Martinez v. State
  664 So. 2d 1034· Fla. 4th DCA· 1995-11-15 ·cited 4×
  Martinez appealed his attempted manslaughter conviction arguing that the prosecution's use of peremptory challenges to strike prospective jurors with arrest histories violated equal protection because blacks are arrested disproportionately, and that allowing the victim to be pres
• Tuggle v. Netherland
  516 U.S. 10· U.S.· 1995-10-30 ·cited 4×
  The Court held that the Virginia Supreme Court and Fourth Circuit incorrectly interpreted Zant v. Stephens, as a death sentence supported by one valid aggravating circumstance may still be invalid if a constitutional error, like the denial of psychiatric assistance under Ake v. O
• Glenney v. Serv. Ins. Co.
  660 So. 2d 1132· Fla. 4th DCA· 1995-09-06 ·cited 4×
  This case addresses whether an insurance carrier can rely on postal proof of mailing to establish notice of policy cancellation even when the insured claims non-receipt. The court held that under Florida law, postal proof of mailing is sufficient proof of notice and the insured c
• Walker v. State
  652 So. 2d 1223· Fla. 2d DCA· 1995-04-05 ·cited 4×
  The court held that the defendant's sentence for robbery with a weapon exceeded the statutory maximum and that the lack of an accurate guidelines scoresheet required resentencing on all counts.
• M.W. v. Dep't of Health & Rehabilitative Servs.
  651 So. 2d 754· Fla. 1st DCA· 1995-03-06 ·cited 4×
  The appellate court reversed a dependency order against a father due to the improper admission of hearsay testimony from his children. While the court found sufficient evidence of abuse, the trial court failed to make required findings for admitting the hearsay, and this error wa
• Ball v. State
  651 So. 2d 1224· Fla. 2d DCA· 1995-03-03 ·cited 4×
  The court held that admitting expert testimony regarding the credibility of child sexual abuse victims was improper and prejudicial, requiring reversal of the convictions.
• McKINLEY v. State
  650 So. 2d 1052· Fla. 2d DCA· 1995-02-17 ·cited 4×
  Ernest McKinley appeals his habitual offender sentence imposed after a nolo contendere plea to burglary and grand theft. The Florida District Court of Appeal affirmed his conviction and sentence but remanded to correct a scrivener's error in the judgment regarding the degree of t
• Brown v. State
  648 So. 2d 268· Fla. 4th DCA· 1995-01-04 ·cited 4×
  Ruben Brown appeals his first-degree murder conviction, challenging the trial court's denial of his motion to sever his trial from his codefendant's when the codefendant's hearsay statement was admitted. The appellate court affirmed the conviction, finding the statement admissibl
• Arnold v. State
  645 So. 2d 418· Fla.· 1994-11-17 ·cited 4×
  The Florida Supreme Court held that a trial court's failure to make statutory findings under Section 775.084(1)(a) regarding habitual offender status is harmless error when the evidence of prior convictions is unrebutted, because determining prior convictions is a ministerial, no
• Parks v. State
  644 So. 2d 106· Fla. 4th DCA· 1994-09-28 ·cited 4×
  Darryl Parks appealed his convictions for first-degree murder and three counts of armed robbery, raising four issues including suppression of his confession, admission of an accomplice's prior statement, a peremptory challenge, and prosecutorial comments. The appellate court affi
• Bell v. State
  642 So. 2d 1113· Fla. 1st DCA· 1994-09-14 ·cited 4×
• Dougan v. Singletary
  644 So. 2d 484· Fla.· 1994-09-08 ·cited 4×
  Jacob Dougan, convicted of murder and sentenced to death, petitioned for habeas corpus relief arguing that a defective jury instruction on the aggravating factor of 'heinous, atrocious, or cruel' violated Espinosa v. Florida. The Florida Supreme Court denied the petition, finding
• Davis v. Singletary
  853 F. Supp. 1492· M.D. Fla.· 1994-05-25 ·cited 4×
  The court held that the pretrial publicity did not rise to the level of presumed prejudice and that the trial court did not abuse its discretion in denying a motion for individual and sequestered voir dire.
• J.B. v. State
  647 So. 2d 849· Fla. 3d DCA· 1994-05-03 ·cited 4×
  The court held that the trial court erred by failing to adequately advise the appellant of the disadvantages of self-representation and the possible sentencing dispositions before accepting his waiver of counsel.
• Lewis v. State
  636 So. 2d 154· Fla. 1st DCA· 1994-04-27 ·cited 4×
  The court held that the failure to provide written notice of intent to seek habitual felony offender sentences was harmless error because the defendant and his attorney had actual notice through the plea agreement.
• Amon Richards v. State
  635 So. 2d 983· Fla. 4th DCA· 1994-04-13 ·cited 4×
  Appellant Richards was convicted of robbery and murder. On appeal, he challenged the prosecutor's closing argument statements suggesting the defense had a burden to present evidence of innocence. The court found the prosecutor's comments improper but harmless given overwhelming e
• Messec v. State
  635 So. 2d 89· Fla. 4th DCA· 1994-02-02 ·cited 4×
  Defendant Messec appealed his convictions for armed robbery, armed kidnapping, and armed burglary, challenging the trial court's failure to grant a mistrial based on improper prosecutorial comment. The appellate court affirmed the conviction, finding that although the prosecutor'
• Injured Workers Ass'n OF Fla. v. Dep't OF Labor & Emp. Sec.
  630 So. 2d 1189· Fla. 1st DCA· 1994-01-18 ·cited 4×
  The Injured Workers Association challenged the validity of a Florida administrative rule adopting a new workers' compensation impairment rating guide, arguing it violated statutory and constitutional requirements. The court affirmed the rule's validity, holding that it was suppor
• Augustas J. Rawls v. State
  624 So. 2d 757· Fla. 1st DCA· 1993-09-14 ·cited 4×
  Rawls was convicted of sexual battery on a nine-year-old boy. The appellate court affirmed the admission of similar-fact evidence from three collateral-crime witnesses involving other boys, but reversed and remanded because the trial court erroneously instructed the jury that suc