Harmless Error Analysis

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

• HAY v. The City OF Irving
  893 F.2d 796· 5th Cir.· 1990-02-08 ·cited 4×
  The court held that while the jury's excessive force findings were supported by evidence, the conspiracy claim was improperly submitted, and damages for constitutional deprivation were impermissible.
• United States v. Dawes
  895 F.2d 1581· 10th Cir.· 1990-02-06 ·cited 4×
  The court held that the prior decision in United States v. Allen, which precludes harmless error analysis for denial of counsel, applies retroactively. Therefore, the defendants are entitled to have their convictions vacated.
• United States v. Garcia
  893 F.2d 188· 8th Cir.· 1990-01-05 ·cited 4×
  The court held that statements made by a co-conspirator to a third party and to a security guard were admissible under Federal Rule of Evidence 801(d)(2)(E) as statements made in furtherance of the conspiracy.
• Florio v. State
  554 So. 2d 633· Fla. 4th DCA· 1989-12-28 ·cited 4×
• United States v. Osterbrock
  891 F.2d 1216· 6th Cir.· 1989-12-15 ·cited 4×
• Deviral Bain v. State
  552 So. 2d 283· Fla. 4th DCA· 1989-11-15 ·cited 4×
  The Florida appellate court reversed Deviral Bain's conviction on two counts of robbery because the prosecutor's questions and closing argument improperly commented on the defendant's Fifth Amendment right to remain silent and failure to testify. The court found the prosecutor's
• Smith v. Jago
  888 F.2d 399· 6th Cir.· 1989-10-20 ·cited 4×
  The Sixth Circuit held that the district court erred by failing to defer to state court findings of fact and by applying an improper standard of prejudice. The court found the state court's factual determinations were supported by the record and that the defendant failed to demon
• United States v. Robinson
  887 F.2d 651· 6th Cir.· 1989-10-02 ·cited 4×
  The dissenting judge believes the jury's verdict on Count I should not be vacated, as the instructional error regarding Count II was harmless.
• Walker v. State
  555 So. 2d 1221· Fla. 1st DCA· 1989-08-22 ·cited 4×
  Bernard Walker appeals his cocaine trafficking conviction and 15-year departure sentence. The appellate court affirms the trial court's rejection of Walker's claim that his former counsel was prejudiced, but reverses the departure sentence because all three grounds cited by the t
• United States v. Pulido
  879 F.2d 1255· 5th Cir.· 1989-07-27 ·cited 4×
• Anderson v. State
  546 So. 2d 65· Fla. 5th DCA· 1989-06-29 ·cited 4×
  The court held that the prosecution's cross-examination of a defense witness regarding prior arrests and the specific facts of those arrests, without establishing a conviction, improperly impeached the witness and was not harmless error.
• Jackson v. State
  543 So. 2d 416· Fla. 5th DCA· 1989-05-18 ·cited 4×
  The court held that a defendant cannot be convicted of both principal and accessory to the same crime, and the lesser conviction should fail when multiple convictions for the same offense arise.
• United States v. Youssef Saleh (88-1200)
  875 F.2d 535· 6th Cir.· 1989-05-18 ·cited 4×
  The joint indictment and trial violated Rule 8(b) and prejudiced the defendants, requiring severance.
• Swift v. Lynn
  870 F.2d 1039· 5th Cir.· 1989-04-26 ·cited 4×
  The court held that the denial of habeas relief on the sufficiency of the evidence claim was affirmed, but the denial of relief on the multiple offender adjudication claim was reversed and remanded.
• London v. State
  541 So. 2d 119· Fla. 4th DCA· 1989-03-15 ·cited 4×
  John Henry London appeals his fourth murder conviction for the shooting of Alvin Braziel. The appellate court reverses and remands for a new trial, finding that the trial court improperly called witness Ellis Vaughn as a court witness and impeached him with prior inconsistent sta
• Coury v. Livesay
  868 F.2d 842· 6th Cir.· 1989-02-23 ·cited 4×
  The court held that the bystander juror selection process and prosecutorial comments did not violate the petitioner's constitutional rights, and therefore, the denial of the writ of habeas corpus was proper.
• McDONALD v. State
  537 So. 2d 185· Fla. 1st DCA· 1989-01-18 ·cited 4×
  Ronald McDonald appealed his arson conviction, challenging the sufficiency of evidence, the consolidation of two separate arson charges for trial, and a discrepancy between the oral and written sentencing regarding jail time credit. The court affirmed the conviction and consolida
• Edythe Robinson v. State
  535 So. 2d 610· Fla. 5th DCA· 1988-12-01 ·cited 4×
  Edythe Robinson appeals her second-degree murder conviction, challenging the admission of a videotaped police interrogation. The court reversed her conviction, finding that the police violated her due process rights by denying her attorney access to the interrogation room, failin
• United States v. Blake
  862 F.2d 171· 8th Cir.· 1988-11-30 ·cited 4×
  The court held that the evidence was sufficient to support the convictions, the district court did not err in admitting surveillance evidence despite claims of wiretap statute violations, and the admission of other crimes evidence was not an abuse of discretion or harmless error.
• United States v. Wali
  860 F.2d 588· 3d Cir.· 1988-11-03 ·cited 4×
  The court held that the district court erred in denying the admission of exculpatory statements of a co-conspirator for impeachment purposes under Fed.R.Evid. 806.
• Francis v. Dugger
  697 F. Supp. 472· S.D. Fla.· 1988-10-07 ·cited 4×
  The court denied Bobby Marion Francis's petition for a writ of habeas corpus, finding that any constitutional errors were harmless beyond a reasonable doubt.
• United States v. Johns
  858 F.2d 154· 3d Cir.· 1988-10-07 ·cited 4×
  The court held that the denial of motions to dismiss an indictment based on alleged grand jury abuses is not immediately appealable under the collateral order doctrine, as such claims are not effectively unreviewable after a final judgment.
• Bagby v. Sowders
  853 F.2d 1340· 6th Cir.· 1988-08-10 ·cited 4×
  The court held that the prosecutor's comments were not manifestly intended to reflect the accused's silence and would not naturally and necessarily be understood as such by the jury.
• Smith v. Dugger
  529 So. 2d 679· Fla.· 1988-06-16 ·cited 4×
  Jimmy Lee Smith petitions for habeas corpus to overturn his death sentence for the brutal murders of Bonnie Ward and her twelve-year-old daughter. The Florida Supreme Court denies the petition, finding that although a sentencing instruction error occurred under Hitchcock v. Dugge
• United States v. Hefner
  842 F.2d 731· 4th Cir.· 1988-03-24 ·cited 4×
  An ineligible grand jury foreman does not require dismissal of an indictment if the error is harmless, and a de facto officer's administration of an oath is valid.
• Corn v. Kemp
  837 F.2d 1474· 11th Cir.· 1988-02-05 ·cited 4×
• United States v. Sazenski
  833 F.2d 741· 8th Cir.· 1987-11-16 ·cited 4×
  The court held that the trial judge's jury instructions did not impermissibly amend the indictment, and any misjoinder of defendants was harmless error.
• Beam v. Foltz
  832 F.2d 1401· 6th Cir.· 1987-11-10 ·cited 4×
  The court held that the prosecutor's argument, while potentially misleading, did not render the trial fundamentally unfair, and that defense counsel's performance was not ineffective.
• Escalera v. Coombe
  826 F.2d 185· 2d Cir.· 1987-08-13 ·cited 4×
  The court held that precluding an alibi witness solely as a sanction for noncompliance with notice statutes, absent a showing of substantial prejudice, violates the Sixth and Fourteenth Amendments, and that the district court erred in failing to review the sufficiency of evidenti
• United States v. Gros
  824 F.2d 1487· 6th Cir.· 1987-07-24 ·cited 4×
  The court affirmed the convictions, holding that the jury instructions were adequate and that any potential errors were harmless beyond a reasonable doubt.
• United States v. James
  819 F.2d 674· 6th Cir.· 1987-06-03 ·cited 4×
  The court held that giving a jury instruction on constructive possession without evidentiary support was reversible error when it likely prejudiced the defendant's substantial right to a fair trial.
• United States v. Cowan
  819 F.2d 89· 5th Cir.· 1987-05-27 ·cited 4×
  The court held that ex parte communications between the judge and individual jurors, which pressured them to reach a verdict and suggested their confusion was unintelligent, constituted reversible error.
• Hammonds v. Lanson Newsome
  816 F.2d 611· 11th Cir.· 1987-05-12 ·cited 4×
  The court held that the absence of a transcript from a preliminary hearing does not change the analysis for determining if the denial of counsel at that stage was harmless error.
• Meadows v. Kuhlmann
  812 F.2d 72· 2d Cir.· 1987-02-20 ·cited 4×
  Any error in admitting the lineup identification and the defendant's incriminating statements for impeachment was harmless beyond a reasonable doubt due to overwhelming evidence of guilt.
• United States v. Braj Nandan Singh
  811 F.2d 758· 2d Cir.· 1987-02-09 ·cited 4×
  The court held that the warrantless entry into and search of the warehouse violated the Fourth Amendment, and no exception to the exclusionary rule justified the refusal to suppress the unlawfully seized evidence.
• Espinosa v. State
  496 So. 2d 236· Fla. 3d DCA· 1986-10-28 ·cited 4×
  Espinosa was convicted of aggravated battery after being indicted for first-degree murder. The appellate court found that a jury instruction impermissibly shifted the burden of proof on causation, but deemed the error harmless because the verdict showed the jury did not find Espi
• Brannin v. State
  496 So. 2d 124· Fla.· 1986-09-18 ·cited 4×
  The court held that a single improper comment by a witness regarding the defendant's exercise of his right to remain silent, even when the defense is insanity, is subject to harmless error analysis and was harmless in this case.
• Beck v. Norris
  801 F.2d 242· 6th Cir.· 1986-09-17 ·cited 4×
  The court held that the use of testimony from witnesses who had undergone hypnosis did not deprive the petitioner of a fair trial, and any error in a jury instruction regarding malice was harmless.
• Myrick v. Herb Maschner & the Attorney Gen. of the State of Kan.
  799 F.2d 642· 10th Cir.· 1986-08-29 ·cited 4×
  The court held that a constitutionally deficient jury instruction regarding intent was harmless error because the evidence overwhelmingly established the petitioner's guilt beyond a reasonable doubt, and the instruction did not affect the verdict. The court also held that the pet
• Fidel Eladio Diaz v. State
  492 So. 2d 1144· Fla. 3d DCA· 1986-08-12 ·cited 4×
  The court held that the trial court erred in allowing the state to use the defendant's post-Miranda request for an attorney to rebut his insanity defense.
• SNW Corp. v. Abraham
  491 So. 2d 1223· Fla. 4th DCA· 1986-07-23 ·cited 4×
  The Abrahams, gem dealers, sued the Wolofskys, real estate developers, for breach of contract regarding the purchase of condominium units using gemstones as consideration. The central issue was whether the trial court erred in admitting a document at trial that the Abrahams had f
• Holland v. Scully
  797 F.2d 57· 2d Cir.· 1986-07-07 ·cited 4×
  The court held that the admission of co-defendants' confessions, in light of the Supreme Court's decision in Lee v. Illinois, constituted a Bruton violation that could not be considered harmless error.
• Daniels v. State
  492 So. 2d 449· Fla. 1st DCA· 1986-06-25 ·cited 4×
  Jessie Daniels III appeals his convictions for sexual battery, false imprisonment, and aggravated assault with a deadly weapon, challenging the trial court's departure from sentencing guidelines. The appellate court affirms, holding that although the court relied on an improper b
• Shuman v. Wolff
  791 F.2d 788· 9th Cir.· 1986-06-12 ·cited 4×
  The court held that the admission of a codefendant's confession in a 1958 murder trial constituted harmless error, and that Nevada's mandatory death penalty statute for a person serving a life sentence violated the Eighth and Fourteenth Amendments.
• Breest v. Cunningham
  784 F.2d 435· 1st Cir.· 1986-02-28 ·cited 4×
  The court held that the petitioner failed to meet the 'cause' and 'prejudice' requirements for federal habeas corpus relief, affirming the denial of the writ.
• Reed Wayne Hamilton v. Crispus NIX
  781 F.2d 619· 8th Cir.· 1985-12-31 ·cited 4×
  The dissenting judge argues that the Iowa Supreme Court's findings regarding the independent source doctrine should be presumed correct under 28 U.S.C. § 2254(d), and that the majority improperly disregarded these findings.
• MacPHEE v. State
  471 So. 2d 670· Fla. 2d DCA· 1985-06-28 ·cited 4×
  Lawrence MacPhee appealed his armed robbery conviction, claiming he was denied his right to be present at two pretrial conferences where his attorney waived speedy trial. The Florida District Court of Appeal affirmed, finding that while the trial court violated procedural rules b
• Boone v. Marshall
  760 F.2d 117· 6th Cir.· 1985-04-29 ·cited 4×
  The admission of co-conspirator statements under Ohio Rule of Evidence 801(D)(2)(e) does not violate the Sixth Amendment's Confrontation Clause, and any such violation would be harmless error given overwhelming evidence of guilt.
• Knox v. State
  471 So. 2d 59· Fla. 4th DCA· 1985-04-24 ·cited 4×
  Johnnie Lee Knox was convicted of attempted sexual battery on his eleven-year-old niece. The Florida Fourth District Court of Appeal reversed and remanded for a new trial because the prosecutor made improper comments on Knox's right to remain silent during closing argument.
• Thompson v. Leeke
  756 F.2d 314· 4th Cir.· 1985-02-25 ·cited 4×
  The admission of a constitutionally tainted in-court identification was not harmless error beyond a reasonable doubt because there was a reasonable possibility it contributed to the conviction.