Harmless Error Analysis

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

• Worthy v. United States
  D.D.C.· 1967-08-11 ·cited 3×
  The court held that the trial court erred in finding no prejudice when inconsistencies in the key prosecution witness's grand jury testimony and trial testimony were not disclosed to the defense.
• Panaro v. State
  398 So. 3d 1115· Fla. 2d DCA· 2024-12-13 ·cited 2×
  Expert testimony regarding a defendant's reconstructed blood-alcohol level calculated using the Widmark formula is relevant and admissible in a DUI prosecution based on impairment of normal faculties, as it tends to establish whether the defendant consumed enough alcohol to cause
• Ted'Qwon McGowan v. State
  345 So. 3d 398· Fla. 1st DCA· 2024-09-11 ·cited 2×
  The trial court did not abuse its discretion in giving an Allen charge to a deadlocked jury after seven hours of deliberation or in admitting the contested evidence at trial.
• Rymsley Devalon v. Isiss Sutton
  344 So. 3d 30· Fla. 4th DCA· 2022-07-27 ·cited 2×
  The appellate court reversed an injunction for protection against domestic violence because the trial court erroneously failed to consider a police report. The police report contained a statement from the petitioner that omitted a key detail about the alleged assault, which could
• Illya Livingstone Tinker v. State
  341 So. 3d 1136· Fla. 4th DCA· 2022-06-08 ·cited 2×
  The appellate court reversed the convictions of Defendants Wife and Husband, finding that the trial court erred by allowing a detective to identify their signatures on fraudulent documents and by mishandling an unauthorized document containing prosecutor's notes that was given to
• Hernandez v. Cgi Windows & Doors, Inc.
  347 So. 3d 113· Fla. 3d DCA· 2022-03-02 ·cited 2×
  Unsworn pleadings drafted by counsel cannot be admitted as party admissions absent a particularized showing the party manifested adoption or belief in their truth, and admission of evidence suggesting settlement or dismissal of other defendants constitutes reversible error regard
• Puzio v. State
  278 So. 3d 82· Fla. 4th DCA· 2021-06-24 ·cited 2×
  This case involves the resentencing of Puzio for first-degree murder convictions. The Fourth District Court of Appeal, following Florida Supreme Court reversal in Puzio II, holds that a de novo resentencing is required rather than a ministerial correction of sentences under secti
• Royce Teets v. State
  321 So. 3d 841· Fla. 4th DCA· 2021-06-23 ·cited 2×
  The defendant appeals his conviction for second-degree murder with a firearm, challenging the trial court's admission of a firearms expert's trigger pull test results and denial of his mistrial motion. The defendant claimed he accidentally shot his fiancée during an argument when
• Rogyne O'Neal v. State
  298 So. 3d 77· Fla. 4th DCA· 2020-06-17 ·cited 2×
  A trial court commits harmless-error-free Alleyne error when it imposes a mandatory minimum sentence under section 775.082(1)(b)1 for a juvenile offender convicted of first-degree murder without a jury finding—explicit in the verdict form and consistent with the instructions—that
• Lensky Jeanbart v. State
  299 So. 3d 3· Fla. 4th DCA· 2020-04-01 ·cited 2×
  The trial court erred by instructing the jury to disregard evidence that was actually admitted during trial when Defendant argued his lack of intent during closing argument, and by admitting a 9mm firearm bearing Defendant's DNA that had no sufficient nexus to the crimes charged.
• Croft v. State
  291 So. 3d 1285· Fla. 5th DCA· 2020-03-26 ·cited 2×
  Kenya Croft was convicted of two counts of aggravated battery after a physical altercation at his sister's apartment. The Fifth District Court of Appeal reversed and remanded for a new trial, holding that the trial court erred in refusing to instruct the jury on the justifiable u
• COX v. U.S. Bank
  291 So. 3d 1026· Fla. 4th DCA· 2020-03-11 ·cited 2×
  A subsequent purchaser of mortgaged property may assert a lack of standing defense in a foreclosure action against the property, and may present evidence contesting whether the plaintiff is the holder or in possession of the note at the time of filing suit. The error in refusing
• Alexander v. State
  292 So. 3d 749· Fla. 4th DCA· 2020-01-29 ·cited 2×
  Steven Leif Alexander, Jr. appeals his convictions for four counts of transmission of material harmful to minors and revocation of his probation. The court affirms the trial court's jury instructions on the elements of transmission of material harmful to minors, rendering the pro
• Schultz v. State
  289 So. 3d 921· Fla. 4th DCA· 2020-01-15 ·cited 2×
  The trial court did not abuse its discretion in denying counsel's motion to withdraw filed on the eve of sentencing where the motion was legally insufficient and lacked detail, and the trial court properly struck the pro se motion for downward departure as a nullity while the err
• Nolan v. State
  277 So. 3d 1147· Fla. 1st DCA· 2019-08-23 ·cited 2×
  A detective may testify to identify a person in surveillance video when the detective has had extensive opportunity to observe that person in person and the suspect's appearance has changed since the crime, placing the identification outside the jury's knowledge and experience. T
• Hudson v. State
  278 So. 3d 257· Fla. 4th DCA· 2019-08-21 ·cited 2×
  Daniel Hudson was retried for aggravated battery after his initial conviction was reversed due to improper admission of evidence regarding an uncharged collateral crime involving the victim's wife. At the second trial, Hudson was convicted of the lesser included offense of felony
• Jarrell L. Lathan v. State
  270 So. 3d 1262· Fla. 5th DCA· 2019-05-03 ·cited 2×
  A defendant in a noncapital case may waive his or her right to have the jury instructed on necessarily lesser included offenses through counsel's affirmative declination to the trial court, and no personal waiver from the defendant is required. Appellate counsel was not ineffecti
• Rodriguez v. State
  2017 WL 1927720· Fla. 3d DCA· 2019-04-24 ·cited 2×
  The trial court did not commit reversible error in overruling the defendant's objections to the State's rebuttal closing argument statements, as they were either proper fair reply to defense argument or constituted harmless error.
• Slinger v. State
  268 So. 3d 922· Fla. 5th DCA· 2019-04-18 ·cited 2×
  A trial court must order and consider a presentence investigation report before sentencing a defendant to incarceration on first felony offenses, even when those offenses result from a retrial following reversal and vacation of prior convictions. The trial court's refusal to orde
• Darwin v. State
  259 So. 3d 260· Fla. 2d DCA· 2018-11-14 ·cited 2×
  Antonio Darwin appeals his sentence for uninformed HIV-infected sexual intercourse, challenging a $525 discretionary fine imposed at resentencing. The court reverses and remands because Darwin was not present at the resentencing hearing, violating his constitutional right to be p
• Scott v. State
  258 So. 3d 548· Fla. 1st DCA· 2018-11-06 ·cited 2×
  Although a victim's age that increases the maximum sentence is an element requiring jury determination under Apprendi/Blakely, the failure to obtain a jury verdict on this element is harmless error where the record demonstrates beyond a reasonable doubt that a rational jury would
• Perez v. State
  269 So. 3d 574· Fla. 2d DCA· 2018-10-26 ·cited 2×
  The inevitable discovery doctrine does not apply where law enforcement possessed probable cause for a search warrant but made no affirmative efforts to actively pursue one before conducting a warrantless search, even if advised by a prosecutor to rely on consent instead. A phone
• Conahan v. State
  258 So. 3d 1237· Fla.· 2018-10-19 ·cited 2×
  Daniel Conahan appeals the denial of a motion to vacate his death sentence for first-degree murder, raising claims under Hurst v. Florida regarding the constitutionality of Florida's death sentencing procedure. The Florida Supreme Court affirms the denial of postconviction relief
• Tyee Martele Spike v. State
  251 So. 3d 1017· Fla. 2d DCA· 2018-07-27 ·cited 2×
  A police officer's testimony that he is familiar with a resident of an area where the officer works does not, by itself, reasonably imply a prior bad act by that person. Any error in admitting the detective's testimony about knowing Spike was harmless beyond a reasonable doubt wh
• Edwards v. State
  248 So. 3d 166· Fla. 4th DCA· 2018-06-13 ·cited 2×
  A detective cannot testify regarding body language and mannerisms indicative of deception, as such testimony constitutes an inadmissible opinion on the defendant's credibility and invades the province of the jury.
• Evans v. State
  248 So. 3d 155· Fla. 4th DCA· 2018-06-06 ·cited 2×
  The trial court properly admitted the victim's 911 call as an excited utterance under Florida Statute § 90.803(2) because, although made 20 minutes after the assault, the victim was still under the stress of the event as evidenced by her crying and shock. The court also properly
• Hart v. State
  247 So. 3d 556· Fla. 4th DCA· 2018-05-30 ·cited 2×
  A defendant is entitled to jury instructions on both justifiable deadly and non-deadly force when the evidence does not establish as a matter of law that the force used was deadly, and the nature of the force—not the resulting injuries—determines whether force is deadly as a matt
• Pagan v. State
  235 So. 3d 317· Fla.· 2018-02-01 ·cited 2×
  Alex Pagan appealed the denial of his motion to vacate his death sentence under Florida Rule of Criminal Procedure 3.851. The Florida Supreme Court vacated Pagan's death sentence and remanded for a new penalty phase, finding that Pagan's sentence was the result of Hurst error bec
• Rentas v. State
  237 So. 3d 368· Fla. 4th DCA· 2018-01-10 ·cited 2×
  The trial court abused its discretion in denying cause challenges to two prospective jurors who expressed significant preconceived doubts about false confessions in serious crimes, and erred in allowing the jury to rehear only direct examination testimony without the relevant cro
• Gonzalez v. State
  221 So. 3d 1225· Fla. 3d DCA· 2017-06-07 ·cited 2×
  The appellate court reviewed a defendant's pro se motion to correct sentence, finding that the trial court erred by resentencing the defendant without his presence or notification after a prior appeal and mandate, and that such a violation requires harmless error analysis.
• Purifoy v. State
  225 So. 3d 867· Fla. 1st DCA· 2017-05-25 ·cited 2×
  Purifoy appealed his convictions for first-degree murder, attempted murder, and tampering with evidence, challenging the seizure of his bloody clothing from a hospital emergency room without a warrant. The court affirmed, holding that although the seizure interfered with his poss
• Davis v. State
  217 So. 3d 1006· Fla.· 2017-05-11 ·cited 2×
  Barry Davis was convicted of two first-degree murders and sentenced to death based on a jury's nonunanimous recommendations (9-3 and 10-2). The Florida Supreme Court affirmed the convictions but vacated the death sentences, holding that under Hurst v. Florida, jury recommendation
• State v. Woodall
  216 So. 3d 30· Fla. 5th DCA· 2017-03-03 ·cited 2×
  The State appeals a trial court's failure to reimpose a mandatory minimum sentence for aggravated battery with a firearm, arguing the court erred in finding the jury did not clearly find that the defendant discharged a firearm. The appellate court agrees, holding that both the ge
• Saunders v. State
  208 So. 3d 99· Fla. 4th DCA· 2017-01-11 ·cited 2×
  Terrence Saunders appealed his conviction for battery and lewd or lascivious conduct, challenging jury selection and evidentiary rulings. The appellate court affirmed the jury selection ruling but reversed the trial court's admission of post-arrest statements to an undercover off
• Angelo v. State
  204 So. 3d 594· Fla. 1st DCA· 2016-12-01 ·cited 2×
  Joyce Angelo was convicted of aggravated battery with a deadly weapon, but the appellate court reversed because the trial court improperly excluded her testimony about the victim's prior violent acts, which was relevant to her self-defense claim.
• Granados v. State
  199 So. 3d 384· Fla. 4th DCA· 2016-08-17 ·cited 2×
  Rolando Granados was convicted of sexually abusing his daughter over several years. On appeal, he challenged admission of the child's out-of-court hearsay statements, sufficiency of evidence on two counts, and the prosecutor's cross-examination questioning why his daughter would
• Cletis Lewis v. State
  204 So. 3d 495· Fla. 4th DCA· 2016-07-27 ·cited 2×
  The Fourth District Court of Appeal affirmed Cletis Lewis's conviction and sentence for armed robbery, rejecting his contentions that detective statements in a video improperly bolstered witness testimony and that the trial court erred in refusing a special jury instruction on in
• Leonard v. State
  192 So. 3d 1258· Fla. 2d DCA· 2016-06-10 ·cited 2×
  Robert Leonard was convicted in a bench trial of leaving the scene of an accident with death and tampering with evidence. The appellate court affirmed the conviction for leaving the scene of an accident but reversed the tampering conviction and remanded for a new trial due to the
• State Farm Mut. Auto. Ins. Co. v. Long
  189 So. 3d 335· Fla. 5th DCA· 2016-04-22 ·cited 2×
  State Farm appeals a $166,000 jury verdict in a motorcycle accident uninsured motorist coverage case, arguing the trial court erred in allowing a physician's assistant to testify as an expert on the need for and cost of future shoulder surgery. The Fifth District reversed and rem
• Grant v. State
  189 So. 3d 878· Fla. 4th DCA· 2016-02-24 ·cited 2×
  Jamie Grant petitioned for habeas corpus relief alleging ineffective assistance of appellate counsel for failing to raise on direct appeal the trial court's error in denying a jury instruction on the necessarily lesser-included offense of attempted armed robbery with a weapon. Th
• Aldonia Mootry v. Bethune-Cookman Univ., Inc.
  186 So. 3d 15· Fla. 5th DCA· 2016-01-08 ·cited 2×
  This case involves a breach of employment contract claim by the estate of Dr. Russell Mootry against Bethune-Cookman University following his termination for alleged sexual harassment. The Fifth District Court of Appeal reversed the judgment in favor of BCU, finding reversible er
• Plott v. State
  165 So. 3d 33· Fla. 2d DCA· 2015-05-01 ·cited 2×
  The appellate court held that the sentencing error was harmless beyond a reasonable doubt, affirming the denial of the motion to correct an illegal sentence.
• Brown v. State
  197 So. 3d 569· Fla. 3d DCA· 2015-03-25 ·cited 2×
  Florida appellate court reversed Brown's cocaine trafficking conviction because the prosecution improperly cross-examined him and argued about his post-arrest silence, violating his Fifth Amendment right to remain silent.
• Smith v. State
  152 So. 3d 1279· Fla. 1st DCA· 2015-01-06 ·cited 2×
  Florida appellate court reversed a drug sale conviction because the trial court erred in admitting law enforcement testimony about typical drug dealer behavior, which invaded the jury's province and was unfairly prejudicial.
• Washington v. State
  151 So. 3d 544· Fla. 1st DCA· 2014-11-24 ·cited 2×
  Washington appeals his conviction for failure to report a change in address under Florida's sexual offender registration statute, arguing the trial court erred by finding no discovery violation when the state failed to disclose that a key witness planned to testify differently at
• Rutledge v. State
  150 So. 3d 830· Fla. 4th DCA· 2014-10-29 ·cited 2×
  Eddie Rutledge was convicted of first-degree murder and conspiracy to commit murder, but the appellate court reversed and remanded for a new trial because his trial court failed to conduct any inquiry into a potential conflict of interest when his defense attorney disclosed that
• Abel Lugones v. State
  147 So. 3d 1081· Fla. 3d DCA· 2014-10-01 ·cited 2×
  The court held that giving the standard jury instruction on attempted manslaughter, which erroneously included an intent to kill element, constituted reversible error when the defendant was convicted of an offense not more than one step removed from attempted manslaughter.
• Demetrice Armicle McNEAL v. State
  143 So. 3d 1078· Fla. 1st DCA· 2014-07-30 ·cited 2×
  On remand from the Florida Supreme Court, the First District Court of Appeal reversed a defendant's conviction because the trial court improperly admitted a victim's handwritten statement under the past-recollection recorded hearsay exception without the victim vouching for its a
• Demetrice Armicle McNEAL v. State
  140 So. 3d 991· Fla.· 2014-06-05 ·cited 2×
  The Florida Supreme Court accepted jurisdiction over a case involving the past recollection recorded hearsay exception and quashed the First District Court of Appeal's decision, remanding for reconsideration in light of the Court's decision in Polite v. State, which established t
• Keven Constant v. State
  139 So. 3d 479· Fla. 3d DCA· 2014-06-04 ·cited 2×
  The court held that improper prosecutorial comments during closing argument, when considered with other errors, were not harmless and required reversal.