Harmless Error Analysis

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

• United States v. Pulido
  133 F.4th 1256· 11th Cir.· 2025-04-08 ·cited 3×
  Jordan Pulido and his father Roberto Jimenez were convicted of multiple federal crimes for enticing, trafficking, and sexually exploiting a 14-year-old Croatian girl through a prolonged online and in-person relationship spanning ten months, with Jimenez providing financial suppor
• Akeem R. Welch v. State
  Fla. 2d DCA· 2023-12-15 ·cited 3×
  A trial court must appoint conflict-free counsel to assist an indigent defendant with a rule 3.170(l) motion to withdraw plea after sentencing before denying the motion.
• Dubuc v. State
  345 So. 3d 961· Fla. 5th DCA· 2022-08-19 ·cited 3×
  The judgment and sentence imposed following appellant's nolo contendere plea are affirmed, but the case is remanded to correct clerical errors in the judgment reflecting an incorrect "VOP" designation and incorrect statutory citation.
• Jade EVA Merriman v. Braian Uriel Adler
  338 So. 3d 1084· Fla. 5th DCA· 2022-05-13 ·cited 3×
  An award of attorney's fees without adequate written findings justifying the specific hourly rate and number of hours expended is reversible error apparent on the face of the order, even without a transcript of the fee hearing. The trial court must make and set forth specific fac
• Hunt v. State
  284 So. 3d 1092· Fla. 4th DCA· 2019-11-20 ·cited 3×
  A detective's opinion testimony that a defendant did not act in self-defense invades the exclusive province of the jury and constitutes harmful error, particularly when self-defense is the defendant's sole defense and the officer's authority may unduly influence the jury.
• Nickolas White v. State
  271 So. 3d 1023· Fla. 4th DCA· 2019-05-08 ·cited 3×
  Nickolas White, convicted of first-degree murder as a juvenile, was resentenced to life in prison with sentencing review after 25 years. The appellate court reversed the sentence on the ground that the trial court failed to order a presentence investigation (PSI) as required by F
• Moreno v. State
  266 So. 3d 1246· Fla. 4th DCA· 2019-03-06 ·cited 3×
  A scoresheet error in scoring a completed misdemeanor offense as an additional offense is harmless when the record conclusively shows the trial court would have imposed the same sentence using a correct scoresheet, and the trial court's comments during sentencing demonstrate the
• Howitt v. State
  266 So. 3d 219· Fla. 5th DCA· 2019-02-08 ·cited 3×
  Evidence of a suspect's refusal to submit to a breath test or field sobriety tests is admissible as consciousness of guilt only if the suspect was first informed of the adverse consequences of refusing. Because officers failed to provide such warnings, Howitt's refusals were inad
• Antonio F. Defilippo M.D. & S. Fla. Psychiatric Servs., Inc. v. Curtin
  255 So. 3d 351· Fla. 4th DCA· 2018-09-05 ·cited 3×
  The trial court erred in three respects: (1) precluding the physician from testifying that he was absent when the patient was admitted and unaware of the patient's existence, as such testimony was relevant to whether he negligently supervised the ARNP; (2) instructing the jury th
• Anderson v. State
  247 So. 3d 680· Fla. 1st DCA· 2018-05-25 ·cited 3×
  A trial court does not err in refusing to instruct the jury on a lesser-included offense when the charging document fails to allege all statutory elements of that offense, regardless of whether evidence at trial establishes those elements. The charging document, not trial evidenc
• Henion v. State
  247 So. 3d 537· Fla. 4th DCA· 2018-05-16 ·cited 3×
  Robert Roy Henion challenged his sentence on the ground that the sentencing scoresheet was improperly calculated, including an additional assault charge that increased the score from 38.10 to 38.30 points. Although the court agreed the scoresheet contained an error, it affirmed t
• Tanzi v. State
  251 So. 3d 805· Fla.· 2018-04-05 ·cited 3×
  Michael Tanzi appeals the denial of a successive postconviction motion to vacate his first-degree murder conviction and death sentence. The Florida Supreme Court holds that while Hurst v. Florida applies to Tanzi's case, any Hurst error is harmless beyond a reasonable doubt and t
• Baskin v. State
  255 So. 3d 895· Fla. 2d DCA· 2018-03-07 ·cited 3×
  Cornelius Baskin appeals his second-degree murder conviction, challenging the admission of statements he made to police while hospitalized in a psychiatric unit. Although Baskin's family retained counsel who informed police of his representation, police interviewed Baskin without
• Lenard James Philmore v. State
  234 So. 3d 567· Fla.· 2018-01-25 ·cited 3×
  Lenard Philmore, a death row inmate whose sentence became final in 2002, sought postconviction relief arguing that the Supreme Court's decision in Hurst v. Florida rendered his death sentence unconstitutional. The Florida Supreme Court affirmed the denial of relief, finding that
• Cartagena v. State
  237 So. 3d 417· Fla. 4th DCA· 2018-01-10 ·cited 3×
  Evidence of post-crime destruction of property is admissible as inextricably intertwined to show the defendant's state of mind and provide context for the charged crime. However, a sentencing multiplier that increases the mandatory minimum sentence requires jury submission of the
• Eady v. State
  229 So. 3d 434· Fla. 2d DCA· 2017-10-20 ·cited 3×
  Nicholas Eady, a juvenile tried as an adult, was convicted of attempted second-degree murder for stabbing a person during a brawl. The Florida appellate court reversed his conviction, holding that the trial court erred by instructing the jury that Eady had a duty to retreat if en
• Parker v. State
  225 So. 3d 1008· Fla. 1st DCA· 2017-09-13 ·cited 3×
  Nicole Parker appeals her conviction for aggravated battery with great bodily harm and a weapon. The court reversed and remanded for a new trial because the trial court failed to conduct an adequate Richardson hearing regarding the state's failure to disclose that a key witness's
• Mustafa A. Abdulla v. State
  223 So. 3d 276· Fla. 4th DCA· 2017-07-05 ·cited 3×
  Mustafa Abdulla appealed his conviction for improper exhibition of a firearm and carrying a concealed firearm, challenging the prosecutor's closing argument statements. The Florida Fourth District Court of Appeal agreed that the prosecutor improperly used a witness's prior incons
• Cole v. State
  221 So. 3d 534· Fla.· 2017-06-29 ·cited 3×
  Tiffany Ann Cole appeals denial of post-conviction relief in a death penalty case. The Florida Supreme Court affirmed denial of guilt phase ineffective assistance claims but granted a new penalty phase under Hurst v. Florida, which requires jury unanimity in finding aggravating f
• Freeman Crosby v. State
  222 So. 3d 629· Fla. 5th DCA· 2017-06-23 ·cited 3×
  Freeman Crosby appeals his conviction for failure to register as a sexual offender and failure to notify the DHSMV of a change of address. The court reversed because the trial court improperly admitted evidence of Crosby's prior arrest and conviction for similar offenses, as this
• Caylor v. State
  218 So. 3d 416· Fla.· 2017-05-18 ·cited 3×
  Matthew Lee Caylor was convicted of first-degree murder and sentenced to death for the 2008 murder of 13-year-old Melinda Hinson. The Florida Supreme Court affirmed the conviction but vacated the death sentence, finding that Florida's death penalty scheme as applied to Caylor vio
• Newberry v. State
  214 So. 3d 562· Fla.· 2017-04-06 ·cited 3×
  Rodney Newberry appeals his conviction and death sentence for the first-degree premeditated murder of Terrese Pernell Stevens during an armed robbery. The Florida Supreme Court affirms the conviction but vacates the death sentence and remands for a new penalty phase based on Hurs
• Boyle v. JA Cummings
  212 So. 3d 1060· Fla. 1st DCA· 2017-02-16 ·cited 3×
  In this workers' compensation case, the Florida First District Court of Appeal reversed the trial judge's exclusion of an adjuster's deposition taken shortly before the final hearing, finding that the judge failed to properly consider whether the employer-carrier would suffer act
• Crestview Hosp. Corp., Inc. v. Coastal Anesthesia, P.A.
  203 So. 3d 978· Fla. 1st DCA· 2016-11-09 ·cited 3×
  A hospital CEO complained to an anesthesia contractor about a disruptive anesthesiologist, resulting in the doctor's removal. The doctor sued for defamation and won a jury verdict. The court reversed because the jury instructions improperly allowed the jury to find defamation bas
• Maines v. FOX
  190 So. 3d 1135· Fla. 1st DCA· 2016-05-03 ·cited 3×
  In this motor vehicle accident case, the appellate court affirmed the jury verdict awarding damages to the plaintiff, finding no error in admitting testimony about the defendant's red light violation and determining that the trial court's limitation of the defense expert's causat
• Gleason v. State
  188 So. 3d 35· Fla. 4th DCA· 2016-03-09 ·cited 3×
  Raymond Gleason appeals his convictions for burglary and dealing in stolen property. The Fourth District Court of Appeal reversed and remanded for a new trial, finding that the prosecutor's closing argument improperly shifted the burden of proof to Gleason by commenting on his fa
• Pugh v. State
  181 So. 3d 529· Fla. 2d DCA· 2015-11-06 ·cited 3×
  Darrell Pugh, proceeding pro se, entered a plea agreement and was found in violation of probation. At his sentencing hearing, the trial court failed to renew its offer of counsel before sentencing, which constitutes per se reversible error requiring a new sentencing hearing with
• Rodriguez v. State
  172 So. 3d 540· Fla. 5th DCA· 2015-08-14 ·cited 3×
  Jason Rodriguez was convicted of first-degree murder and five counts of attempted first-degree murder following a jury trial where he pleaded insanity. The Fifth District Court of Appeal reversed his convictions, holding that the trial court erred in instructing the jury on the i
• Jershun v. State
  169 So. 3d 232· Fla. 4th DCA· 2015-07-01 ·cited 3×
  Kevin Jershun was convicted of failing to register as a sexual offender and carrying a weapon during that felony. The Fourth District reversed, holding that the state failed to prove an essential element of the offense because it relied on unauthenticated, inadmissible hearsay Ar
• Smith v. State
  170 So. 3d 124· Fla. 1st DCA· 2015-07-01 ·cited 3×
  John D. Smith, Jr. appeals the trial court's denial of his post-conviction motion alleging ineffective assistance of trial counsel. The appellate court reverses and remands Smith's fifth claim regarding the admission of Williams rule evidence of prior bad acts, finding the record
• Kareem Daniel Farrell v. State
  186 So. 3d 1046· Fla. 4th DCA· 2015-05-13 ·cited 3×
  Appellant was convicted of aggravated child abuse for shaking his eight-month-old nephew, causing severe retinal bleeding and brain injuries. On appeal, appellant challenges the trial court's allowance of cross-examination regarding inconsistencies in his expert witness's curricu
• Woodsmall v. State
  164 So. 3d 696· Fla. 5th DCA· 2015-04-10 ·cited 3×
  The trial court erred in giving a forcible-felony exception jury instruction for justifiable use of deadly force on the aggravated battery charge when there was no independent forcible felony charged.
• Covello v. State
  154 So. 3d 401· Fla. 4th DCA· 2014-12-03 ·cited 3×
  Covello appeals his convictions for burglary of a dwelling with assault while masked, home invasion robbery while masked, and grand theft. The appellate court reversed his conviction and remanded for a new trial due to the State's misrepresentation of evidence regarding a photogr
• Cavaliere v. State
  147 So. 3d 628· Fla. 2d DCA· 2014-09-12 ·cited 3×
  Henry Keith Cavaliere appeals his conviction for lewd and lascivious molestation of a child. The Florida Second District Court of Appeal reversed and remanded for a new trial, finding reversible error in the trial court's allowance of credibility-bolstering testimony from law enf
• Rodger Hayes v. State
  140 So. 3d 1106· Fla. 1st DCA· 2014-06-18 ·cited 3×
  It is error for a trial court to compel a defense witness to appear in jail or prison clothing if the defendant objects, and this error was not harmless in this case.
• Tolbert v. State
  154 So. 3d 1141· Fla. 2d DCA· 2014-06-18 ·cited 3×
  Christopher Tolbert appealed his cocaine trafficking conviction, challenging the trial court's admission of firearm evidence found with the drugs and its exclusion of his mother's testimony. The Florida District Court of Appeal reversed and remanded for a new trial, finding that
• Reuben Alexis v. State
  140 So. 3d 616· Fla. 1st DCA· 2014-04-14 ·cited 3×
  The court, bound by precedent, reversed the lower court's decision due to an insufficient inquiry into a potential conflict of interest.
• Kendrick Duncan Herring v. State
  132 So. 3d 342· Fla. 4th DCA· 2014-01-29 ·cited 3×
  Kendrick Duncan Herring was convicted of first-degree murder and resisting arrest for stabbing his father with scissors. On appeal, Herring challenged the trial court's initial exclusion of lay opinion testimony about his mental state, the prosecutor's closing argument characteri
• Estevez v. State
  127 So. 3d 635· Fla. 4th DCA· 2013-11-20 ·cited 3×
  Victor Diaz appeals his conviction for first-degree felony murder in a dual-jury trial with codefendant Rodriguez. The Fourth District Court of Appeal rejected Diaz's collateral estoppel argument but reversed and remanded for a new trial because the trial court erred in allowing
• Abel Martinez v. State
  125 So. 3d 985· Fla. 4th DCA· 2013-06-26 ·cited 3×
  The Florida Fourth District Court of Appeal reversed Abel Martinez's conviction for resisting an officer with violence, finding that the prosecution improperly questioned witnesses and made closing arguments about Martinez's retention of a civil attorney to sue the City of Pembro
• Becker v. State
  110 So. 3d 473· Fla. 4th DCA· 2013-03-06 ·cited 3×
  Todd Becker appeals his conviction for solicitation to commit home invasion robbery. The Florida appellate court reversed and remanded for a new trial, finding that the prosecutor improperly vouched for the credibility of the state's key informant witness by personally assuring t
• Noel v. State
  125 So. 3d 243· Fla. 4th DCA· 2013-02-27 ·cited 3×
  Yves Noel appeals the summary denial of his rule 3.800(a) motion challenging his sentence for delivery of cocaine within 1000 feet of a school, arguing the jury failed to make an essential finding regarding the time of offense. The court affirms, holding that Apprendi does not ap
• Brown v. State
  101 So. 3d 381· Fla. 1st DCA· 2012-10-26 ·cited 3×
  Florida appellate court reversed a sexually violent predator civil commitment annual review because the trial court improperly allowed expert testimony via telephone without a notary present to administer the oath, and this error was not harmless where the expert's testimony was
• Jones v. State
  95 So. 3d 426· Fla. 4th DCA· 2012-08-15 ·cited 3×
  Anthony Jones appeals his conviction for strong-arm robbery, arguing the trial court erred by allowing the lead detective to testify to her interpretation of his interrogation statements, suggesting he knew where the robbery occurred. The appellate court reversed, finding the det
• Mosley v. State
  91 So. 3d 928· Fla. 1st DCA· 2012-07-09 ·cited 3×
  The court held that the trial court committed reversible error by prohibiting defense counsel from proffering testimony regarding the victim's alleged drug use on cross-examination after the victim may have minimized his prior conviction.
• West v. State
  69 So. 3d 1075· Fla. 1st DCA· 2011-09-22 ·cited 3×
  Stanley West appeals his conviction for possession of a firearm by a convicted felon. The Florida appellate court reversed and remanded for a new trial, finding that the trial court erred in allowing testimony that improperly commented on West's right to remain silent, despite re
• Casias v. State
  94 So. 3d 611· Fla. 2d DCA· 2011-06-24 ·cited 3×
  The court reversed Casias' burglary conviction and remanded for a limited evidentiary hearing because the State failed to establish that the statistical methodology used by the DNA analyst to calculate population frequency statistics was generally accepted within the scientific c
• Mattox v. State
  56 So. 3d 895· Fla. 1st DCA· 2011-03-16 ·cited 3×
• Myles Stinson Austin v. State
  44 So. 3d 1260· Fla. 1st DCA· 2010-10-06 ·cited 3×
  The court held that allowing a law enforcement officer to testify about the general behavior patterns of drug traffickers as substantive proof of guilt is inadmissible and prejudicial.
• Fratcher v. State
  37 So. 3d 365· Fla. 4th DCA· 2010-05-26 ·cited 3×
  Robert Fratcher appeals his conviction for burglary of a dwelling with assault or battery, challenging the prosecutor's opening statement comments about his refusal to consent to a vehicle search. The appellate court held that while the trial judge abused its discretion in overru