Harmless Error Analysis

4,441 Florida cases classified under this topic, plus 2,602 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• McARTHUR v. Cook
  99 So. 2d 565· Fla.· 1957-12-20 ·cited 95×·via Harmless Error Doctrine
  In a personal injury suit arising from a workplace accident at a dairy, the Supreme Court of Florida reversed a jury verdict for the employee-plaintiff and held that under Florida Statutes § 90.08, evidence of a witness's prior criminal conviction is admissible in civil cases to
• In re Barnett. Barnett v. Jaspan
  124 F.2d 1005· 2d Cir.· 1942-01-07 ·cited 95×·via Harmless Error Doctrine
  The court should not decide issues not properly appealed or abandoned by the appellant.
• Floyd v. State
  913 So. 2d 564· Fla.· 2005-10-12 ·cited 94×
  Franklin Delano Floyd appeals his 1997 conviction for the 1989 first-degree murder of Cheryl Commesso and death sentence imposed in 2002. The Florida Supreme Court affirms the judgment, holding that sufficient evidence supported the conviction and that the death sentence was prop
• Morton v. State
  789 So. 2d 324· Fla.· 2001-06-28 ·cited 94×
  The Florida Supreme Court affirmed two death sentences imposed on Alvin LeRoy Morton following resentencing for the 1992 murders of John Bowers and Madeline Weisser. The court rejected Morton's challenges to the closing argument, his claim that the trial court failed to consider
• State v. Bruns
  429 So. 2d 307· Fla.· 1983-03-24 ·cited 94×
  The Florida Supreme Court held that when a defendant is convicted of a greater offense and the jury receives an instruction on an attempt to commit that offense, the failure to instruct on a lesser-included offense carrying a lower penalty is reversible error, not harmless error.
• United States v. Fernandez
  456 F.2d 638· 2d Cir.· 1972-02-24 ·cited 94×
  The court held that the cumulative effect of errors, including an impermissibly suggestive photographic identification and procedural errors regarding jury instructions, required reversal and a new trial.
• Stoll v. State
  762 So. 2d 870· Fla.· 2000-04-06 ·cited 93×
  Michael Stoll was convicted of premeditated murder for the death of his wife Julie Stoll, sentenced to death. The Florida Supreme Court reversed the conviction and vacated the sentence due to improper admission of hearsay evidence—specifically, testimony about the victim's statem
• Marbel Mendoza v. State
  700 So. 2d 670· Fla.· 1997-10-16 ·cited 93×
  Marbel Mendoza appealed his death sentence for the first-degree murder of mini-market owner Conrado Calderon during a robbery attempt. The Florida Supreme Court affirmed the conviction and death sentence, finding sufficient evidence of guilt and proper application of aggravating
• Wingate v. Louie L. Wainwright
  464 F.2d 209· 5th Cir.· 1972-07-25 ·cited 93×
  The admission of evidence of prior robberies for which the defendant had been acquitted, and the prosecutor's argument based on that evidence, violated the defendant's Fifth Amendment right against double jeopardy.
• United States v. Elkins
  885 F.2d 775· 11th Cir.· 1989-09-29 ·cited 92×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court affirmed the conspiracy conviction, finding the indictment adequately charged conspiracy to defraud the United States and the jury was properly instructed. The court also affirmed the conviction related to export violations, finding the Allen charge was not coercive and
• United States v. Foster
  711 F.2d 871· 9th Cir.· 1983-07-26 ·cited 92×
  The court affirmed the convictions, finding sufficient evidence for conspiracy and substantive counts, valid search warrants, and proper admission of evidence, with any errors deemed harmless.
• United States v. Hammond
  598 F.2d 1008· 5th Cir.· 1979-07-16 ·cited 92×·via Harmless Error Rule
• Johnson v. United States
  207 F.2d 314· 5th Cir.· 1953-09-17 ·cited 92×·via Harmless Error Doctrine
  The court held that the indictment was sufficient and that the denial of the motion to suppress evidence was proper, affirming the conviction.
• Dunbar v. State
  89 So. 3d 901· Fla.· 2012-05-03 ·cited 91×
  The Florida Supreme Court resolved a conflict between district courts regarding whether double jeopardy principles bar a trial court from adding mandatory minimum sentencing terms that were omitted from an oral pronouncement. The Court held that double jeopardy does not apply whe
• Vining v. State
  827 So. 2d 201· Fla.· 2002-07-03 ·cited 91×
  John Bruce Vining, convicted of first-degree murder and sentenced to death in 1990, appealed the trial court's denial of his Rule 3.850 motion for postconviction relief. The Florida Supreme Court affirmed, rejecting fourteen claims including Brady violations, ineffective assistan
• Delap v. Dugger
  890 F.2d 285· 11th Cir.· 1989-11-20 ·cited 91×
  David Ross Delap was convicted of first-degree murder and sentenced to death for the 1975 killing of Paula Etheridge in Florida. The Eleventh Circuit affirmed a conditional grant of habeas corpus relief on the ground that the jury instructions at the penalty phase violated Hitchc
• Brown v. State
  473 So. 2d 1260· Fla.· 1985-06-27 ·cited 91×
  Larry Brown was convicted of first-degree murder and burglary for the 1981 killing of an 81-year-old woman during a burglary. The jury recommended life imprisonment, but the trial court overrode this recommendation and imposed the death penalty. The Florida Supreme Court affirmed
• Burgess v. Premier Corp.
  727 F.2d 826· 9th Cir.· 1984-03-05 ·cited 91×·via Federal Rule Of Civil Procedure 61 (Harmless Error)
  The court held that summary judgment and directed verdicts were properly denied on statute of limitations and release issues, but should have been granted for defendants Schrock and Darby on federal and state securities claims due to insufficient evidence of scienter or control.
• Linroy Bottoson v. Moore
  234 F.3d 526· 11th Cir.· 2000-11-29 ·cited 90×
  Linroy Bottoson was convicted of murder and sentenced to death in Florida state court. On federal habeas review under the Antiterrorism and Effective Death Penalty Act (AEDPA), the Eleventh Circuit addressed two claims: (1) whether jury instructions limiting consideration to stat
• Franqui v. State
  699 So. 2d 1332· Fla.· 1997-07-03 ·cited 90×
  Leonardo Franqui was convicted of first-degree murder of a police officer and sentenced to death. The Florida Supreme Court affirmed his convictions but reversed his death sentence, finding that the admission of a codefendant's confession violated his Sixth Amendment right to con
• Knowles v. State
  632 So. 2d 62· Fla.· 1993-12-16 ·cited 90×
  Randall Knowles was convicted of two first-degree murders and sentenced to death. The Florida Supreme Court reversed his conviction for the murder of Carrie Woods, reducing it to second-degree murder, and vacated his death sentence for the murder of his father, remanding for life
• Watts v. State
  593 So. 2d 198· Fla.· 1992-01-02 ·cited 90×
  Tony Watts appeals his convictions for first-degree murder, armed burglary with assault, armed robbery, and sexual battery, and his death sentence. The Florida Supreme Court affirmed the convictions and death sentence, rejecting claims regarding competency determinations, right t
• United States v. Severo D. Espinosa
  771 F.2d 1382· 10th Cir.· 1985-08-26 ·cited 90×·via Harmless Constitutional Error
  The court held that sufficient evidence supported the convictions for conspiracy and possession with intent to distribute, and that the trial court did not err in denying severance or mistrial based on co-defendant's opening statement.
• Rose v. Bartle
  871 F.2d 331· 3d Cir.· 1989-03-20 ·cited 89×
  The court held that the district court's notice of converting motions to dismiss into motions for summary judgment was ambiguous, denying plaintiffs adequate opportunity to oppose. However, the court will affirm in part and reverse in part based on whether plaintiffs could prove
• Collins v. Wayne Corp.
  621 F.2d 777· 5th Cir.· 1980-07-18 ·cited 89×·via Harmless Error Doctrine
  The court held that the district court erred in refusing to allow the plaintiffs to offer an expert's deposition as an admission of the defendant, but this error was harmless. The court also held that the district court did not err in allowing cross-examination of the plaintiffs'
• United States v. Lemon
  550 F.2d 467· 9th Cir.· 1977-03-08 ·cited 89×·via Harmless Error Doctrine
  The court held that the admission of pre-Miranda statements was harmless error, the consent to search was voluntary and not a Miranda violation, and the defendant received effective assistance of counsel.
• James v. United States
  416 F.2d 467· 5th Cir.· 1969-09-17 ·cited 89×·via Harmless Error Doctrine
  The court held that the evidence supported a single conspiracy conviction and that various alleged trial errors, including issues with jury selection, indictment sufficiency, search warrants, joinder, co-defendant statements, jury instructions, grand jury testimony disclosure, de
• Tanzi v. State
  964 So. 2d 106· Fla.· 2007-05-10 ·cited 88×
  Michael Tanzi was convicted of first-degree murder and sentenced to death for kidnapping, robbing, sexually assaulting, and strangling Janet Acosta in April 2000. The Florida Supreme Court affirmed his conviction and death sentence, rejecting six appellate claims including challe
• Archer v. State
  673 So. 2d 17· Fla.· 1996-03-14 ·cited 88×
  Robin Archer was convicted of first-degree murder, armed robbery, and grand theft and received a death sentence following a resentencing proceeding ordered by this Court due to improper jury instructions on an aggravating factor. The Florida Supreme Court affirmed the death sente
• Geralds v. State
  601 So. 2d 1157· Fla.· 1992-04-30 ·cited 88×
  Mark Allen Geralds appeals his conviction for first-degree murder and death sentence in the stabbing death of Tressa Lynn Pettibone during a burglary. The Florida Supreme Court affirmed the conviction but remanded for resentencing due to improper impeachment of a mitigation witne
• Keen v. State
  504 So. 2d 396· Fla.· 1987-03-19 ·cited 88×
  Michael Scott Keen appeals his first-degree murder conviction and death sentence for drowning his wife Anita Lopez for insurance proceeds. The Florida Supreme Court affirms jurisdiction, upholds denial of a motion to suppress Keen's statement to police, but reverses and remands f
• Curfew Davis v. Kemp
  752 F.2d 1515· 11th Cir.· 1985-01-24 ·cited 88×·via Harmless Error Doctrine
  The court held that the distinction between non-participation and mens rea defenses is flawed and that a Sandstrom error cannot be harmless when intent is an element of the crime.
• United States v. Birges
  723 F.2d 666· 9th Cir.· 1984-01-10 ·cited 88×
  The court affirmed the convictions, finding no grounds for reversal based on the defendants' claims of ineffective counsel, improper jury communications, prosecutorial misconduct, insufficient evidence, inconsistent verdicts, or erroneous denial of change of venue motions.
• United States v. Parker
  549 F.2d 1217· 9th Cir.· 1977-01-10 ·cited 88×
  The court affirmed the convictions of both defendants, finding no reversible error in the admission of confessions, the legality of arrests, prosecutorial comments, or the handling of evidence.
• Durousseau v. State
  55 So. 3d 543· Fla.· 2010-12-09 ·cited 87×·via Harmless Error Rule
  Paul Durousseau was convicted of first-degree murder in the strangulation death of Tyresa Mack and sentenced to death. The Florida Supreme Court affirmed his conviction and death sentence, finding the evidence sufficient and the trial court did not abuse its discretion in admitti
• Vining v. State
  637 So. 2d 921· Fla.· 1994-04-28 ·cited 87×
  John Bruce Vining, a death row inmate, appealed his convictions for first-degree murder and armed robbery in the death of Georgia Caruso, challenging both guilt-phase and penalty-phase proceedings. The Florida Supreme Court affirmed the convictions and death sentence, though it f
• Lowder v. State
  589 So. 2d 933· Fla. 3d DCA· 1991-10-08 ·cited 87×
  Alvin Lowder was convicted of cocaine possession with intent to sell within 1000 feet of a school. The Third District Court of Appeal reversed and remanded for a new trial, holding that two categories of police testimony were improper and prejudicial: characterization of the arre
• Boykins v. Louie L. Wainwright
  737 F.2d 1539· 11th Cir.· 1984-08-03 ·cited 87×·via Harmless Error Doctrine
  The court held that while the state trial court erred in excluding Dr. Rodriguez's testimony regarding the defendant's prior mental health issues, this error was not of constitutional magnitude and did not violate fundamental fairness.
• United States v. Harrell
  737 F.2d 971· 11th Cir.· 1984-07-30 ·cited 87×
  The court held that the evidence was insufficient to support Hawkins' conviction on the Travel Act charge (Count Three), reversing that conviction, but affirmed all other convictions and rulings.
• United States v. Welty
  674 F.2d 185· 3d Cir.· 1982-03-02 ·cited 87×
  The court held that the defendant did not knowingly and intelligently waive his Sixth Amendment right to counsel because the trial court failed to conduct adequate inquiries into his dissatisfaction with counsel and the implications of self-representation.
• United States v. Kartman
  417 F.2d 893· 9th Cir.· 1969-10-09 ·cited 87×
  The court held that while knowledge of the victim's official status is not an element of assaulting a federal officer under 18 U.S.C. § 111, errors in the indictment, rejection of evidence regarding arrest policy, and limitation of cross-examination on witness bias cumulatively a
• Dorsett v. State
  944 So. 2d 1207· Fla. 3d DCA· 2006-12-20 ·cited 86×
  Russell Dorsett appeals his convictions for sale of cocaine and marijuana, challenging the trial court's admission of evidence of a prior uncharged hand-to-hand drug transaction that occurred during the same surveillance operation. The appellate court affirms, holding that the pr
• Guzman v. State
  941 So. 2d 1045· Fla.· 2006-06-29 ·cited 86×
  James Guzman, convicted of murder and sentenced to death, challenged his conviction based on alleged prosecutorial misconduct involving false testimony about a $500 reward payment to key witness Martha Cronin. The Florida Supreme Court affirmed the denial of postconviction relief
• State v. Evans
  770 So. 2d 1174· Fla.· 2000-10-05 ·cited 86×
  The Florida Supreme Court held that the prosecution committed a discovery violation by failing to disclose that a key witness had dramatically changed her testimony from initial police statements, transforming her from a non-witness into the apparent sole eyewitness to the crime.
• Burns v. State
  699 So. 2d 646· Fla.· 1997-07-10 ·cited 86×
  Daniel Burns was convicted of murdering a highway patrol officer during a cocaine trafficking investigation and sentenced to death after a resentencing proceeding following the reversal of his original death sentence. The Florida Supreme Court affirmed the death sentence, rejecti
• Gates v. Zant
  863 F.2d 1492· 11th Cir.· 1989-01-06 ·cited 86×
  The court held that the petitioner was not denied effective assistance of counsel and that his other claims regarding the jury venire, videotaped confession, and jury instructions lacked merit.
• United States v. Soulard
  730 F.2d 1292· 9th Cir.· 1984-04-12 ·cited 86×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the district court did not abuse its discretion in admitting evidence related to the bank deposits method, summary charts, comparison of gross receipts, or extrinsic actions, nor in its jury instructions.
• United States v. Jannotti
  729 F.2d 213· 3d Cir.· 1984-02-21 ·cited 86×·via Harmless Error Doctrine
  The court held that while the appellants' conduct was sufficient to convict them of Hobbs Act conspiracy, the evidence did not prove Schwartz conspired to conduct the affairs of the law firm as required for a RICO conviction.
• United States v. Butera
  677 F.2d 1376· 11th Cir.· 1982-06-10 ·cited 86×·via Harmless Error Doctrine
  The court affirmed the convictions, finding no reversible error in the admission of evidence, witness sequestration, judicial remarks, prosecutorial comments, or jury selection. The court also affirmed the joinder and severance rulings for DeNoma, and applied the concurrent sente
• United States v. Bloom
  538 F.2d 704· 5th Cir.· 1976-09-13 ·cited 86×·via Harmless Error Doctrine
  The court held that the trial court did not err in admitting evidence of other drug dealings, refusing an evidentiary hearing on wiretapping, or denying dismissal for speedy trial violations.