Harmless Error Analysis

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

• Diaz v. State
  139 So. 3d 431· Fla. 3d DCA· 2014-05-28 ·cited 2×
  Raul Diaz was convicted of assault, resisting an officer with violence, and battery on a law enforcement officer. The appellate court reversed the assault conviction due to improper prosecutorial closing argument suggesting a non-testifying witness would have corroborated the Sta
• Jermey Gene Hardy v. State
  140 So. 3d 1016· Fla. 1st DCA· 2014-05-14 ·cited 2×
  Hardy was convicted of unlawful possession of Methadone after the trial court admitted a state-maintained prescription database (E-FORCSE) to show no record of a prescription. The First District Court of Appeal reversed, holding that the database did not qualify as a "market repo
• Geovany Ortiz Zuniga v. State
  121 So. 3d 640· Fla. 4th DCA· 2013-09-11 ·cited 2×
  Geovany Ortiz Zuniga was convicted of first-degree murder and other charges arising from a convenience store robbery in which an innocent bystander was killed. The Fourth District Court of Appeal reversed his conviction because the trial court erred in admitting his confession st
• Constant v. State
  120 So. 3d 122· Fla. 4th DCA· 2013-08-14 ·cited 2×
  Kevin Constant was convicted of armed robbery based largely on victim identification evidence. The Fourth District Court of Appeal reversed because the trial court admitted inadmissible hearsay—a police officer's testimony about the co-victim's out-of-court identification—when th
• Young v. State
  122 So. 3d 891· Fla. 4th DCA· 2013-07-24 ·cited 2×
  Patrick Young was convicted of first-degree murder, attempted murders, and armed robberies stemming from a 2007 shooting incident in Broward County. On appeal, Young challenged the admission of photographs of an Uzi submachine gun and testimony about his drug dealing, but the cou
• Scotty Golden v. State
  114 So. 3d 404· Fla. 4th DCA· 2013-05-29 ·cited 2×
  The Florida Fourth District Court of Appeal reversed Scotty Golden's convictions for driving with a revoked license and resisting arrest, finding that the trial court improperly admitted hearsay testimony from a police officer regarding what the defendant's children said to ident
• Terence McCLAIN v. State
  109 So. 3d 1207· Fla. 5th DCA· 2013-03-28 ·cited 2×
  Terence McClain was convicted of attempted first-degree murder, attempted voluntary manslaughter, and two counts of aggravated battery with a firearm after a shootout with Jesse Ingram. The Florida appellate court reversed his convictions and ordered a new trial because the trial
• D.D.B. v. State
  109 So. 3d 1184· Fla. 2d DCA· 2013-03-22 ·cited 2×
  D.D.B. appeals a juvenile delinquency disposition order for making a false 911 call. The Florida District Court of Appeal reversed because the trial court admitted an audio recording of the alleged 911 calls without proper authentication under the Florida Evidence Code.
• Elexis Kim Garcia v. State
  125 So. 3d 260· Fla. 4th DCA· 2013-03-06 ·cited 2×
  The Fourth District Court of Appeal reversed Garcia's conviction for dealing in stolen property because the prosecutor improperly assured the jury during closing argument that Garcia's taped confession to police was freely and voluntarily made, thereby usurping the jury's role to
• Demetry E. Fain v. State
  134 So. 3d 1039· Fla. 1st DCA· 2013-01-24 ·cited 2×
  Florida appellate court reversed probation revocation because trial court erred in denying defendant's counsel the right to present closing argument at the probation violation hearing.
• Miller v. State
  127 So. 3d 580· Fla. 4th DCA· 2012-12-05 ·cited 2×
  Jesse Lee Miller appeals his conviction for robbery, burglary, kidnapping, and murder. The Fourth District Court of Appeal reverses and remands for a new trial, finding that the trial court improperly allowed handwriting experts to bolster their testimony by describing peer revie
• Abbey Rich v. Kaiser Gypsum Co., Inc.
  103 So. 3d 903· Fla. 4th DCA· 2012-10-24 ·cited 2×
  Abbey Rich, as representative of her late husband's estate, appealed a jury verdict finding defendants not liable for mesothelioma allegedly caused by asbestos exposure. The Fourth District Court of Appeal affirmed, holding that former deposition testimony from unavailable witnes
• Perez-Sovias v. State
  95 So. 3d 327· Fla. 3d DCA· 2012-07-25 ·cited 2×
  Perez-Sovias appeals his convictions for aggravated battery and petit theft, challenging the trial court's conduct of untranslated Spanish-language voir dire with prospective jurors. Although the court affirms the conviction, it holds that the judge's failure to use an official i
• B.B. v. State
  86 So. 3d 1216· Fla. 3d DCA· 2012-05-02 ·cited 2×
  The court held that the trial court erred in excluding evidence of the victim's prior acts of violence, which were relevant to the defendant's claim of self-defense.
• Cole v. Cole
  86 So. 3d 1175· Fla. 5th DCA· 2012-04-27 ·cited 2×
  Mother appealed a non-final order modifying custody and permitting Father to relocate their minor child to Washington State. The appellate court reversed and remanded because the trial court erred by allowing Father's wife (step-mother) to testify by telephone over Mother's objec
• Nino Chet Tartarini v. State
  84 So. 3d 1185· Fla. 1st DCA· 2012-04-04 ·cited 2×
  Nino Chet Tartarini appealed consolidated convictions in two sexual misconduct cases involving separate underage victims. The Florida District Court of Appeal, First District reversed, holding that the trial court abused its discretion in consolidating the cases because the offen
• J.D.M. v. State
  82 So. 3d 1134· Fla. 2d DCA· 2012-03-07 ·cited 2×
  The court held that the trial court erred in its disposition order for the misdemeanor adjudication by exceeding the statutory maximum term and in failing to enter a written order specifying violated conditions.
• Ari Palewsky v. Fla. Dep't OF Revenue
  81 So. 3d 584· Fla. 3d DCA· 2012-02-29 ·cited 2×
  Ari Palewsky appealed a magistrate's order determining paternity and awarding child support, contending that the trial court erred in calculating child support without the mother's financial affidavit. The court reversed the support award and remanded for a new hearing, holding t
• Rosado v. State
  79 So. 3d 931· Fla. 1st DCA· 2012-02-17 ·cited 2×
  Robert Rosado appeals his armed robbery conviction, challenging the trial court's admission of evidence regarding a wholly unrelated home invasion robbery. The court found the collateral crime evidence was impermissibly introduced without proper notice, became a feature of the tr
• G.L. v. Dep't OF Child. & Families
  80 So. 3d 1065· Fla. 5th DCA· 2012-02-14 ·cited 2×
  Father G.L. appeals the termination of his parental rights to his child T.M.L., arguing that the trial court failed to comply with the Indian Child Welfare Act's (ICWA) notice requirements. The Fifth District Court of Appeal agrees, finding that the mother's notice of possible In
• Guzman v. Sec'y, Dep't OF Corr., Fla. Attorney Gen.
  661 F.3d 602· 11th Cir.· 2011-10-27 ·cited 2×
  James Guzman was convicted of murder and armed robbery based largely on testimony from Martha Cronin, a key state witness, who testified that Guzman confessed to killing David Colvin. Both Cronin and Detective Allison Sylvester testified falsely at trial that Cronin received no b
• Reyes Herrera Molina v. State
  71 So. 3d 234· Fla. 2d DCA· 2011-10-12 ·cited 2×
  Reyes Herrera Molina was convicted of drug trafficking based primarily on an undercover officer's identification. The court reversed the conviction because the trial court improperly prevented the defense from commenting on the State's failure to call a confidential informant who
• Hendrix v. State
  82 So. 3d 1040· Fla. 4th DCA· 2011-09-14 ·cited 2×
  A Florida appellate court reversed a drug trafficking conviction, finding that the prosecutor violated the defendant's constitutional right to present a defense by threatening to charge the defendant's key witness with an additional trafficking offense if the witness testified co
• Williams v. State
  65 So. 3d 1209· Fla. 2d DCA· 2011-08-03 ·cited 2×
  The trial court's failure to instruct the jury on the justifiable use of nondeadly force, when requested and supported by evidence, constitutes reversible error that was not harmless.
• Onelson J. Francois v. State
  65 So. 3d 632· Fla. 4th DCA· 2011-07-27 ·cited 2×
  Onelson Francois was convicted by jury of burglary of a structure while armed and attempted robbery. On appeal, he challenged the denial of his motion for judgment of acquittal and argued the trial court erred by refusing to advise the jury it could request testimony read back wh
• Henry v. State
  126 So. 3d 1071· Fla. 4th DCA· 2011-07-13 ·cited 2×
  The court held that the use of a prior standard jury instruction that misstated the law on manslaughter by act constitutes fundamental error requiring a new trial.
• Wilbur v. State
  64 So. 3d 756· Fla. 5th DCA· 2011-07-01 ·cited 2×
  Joseph Wilbur appeals his cocaine sale conviction, challenging the trial court's admission of Williams Rule evidence regarding two prior drug sales to the same confidential informant. The court reversed and remanded for a new trial, finding the prior offense evidence inadmissible
• Luc Pierre-Charles v. State
  67 So. 3d 301· Fla. 2d DCA· 2011-04-13 ·cited 2×
  Luc Pierre-Charles appeals his conviction and life sentence for two counts of first-degree murder. The court reversed and remanded for a new trial because the trial court erred in admitting an out-of-court hearsay statement—the defendant's brother's head nod—as substantive eviden
• Potts v. State
  57 So. 3d 292· Fla. 4th DCA· 2011-03-30 ·cited 2×
  The court held that allowing a fingerprint examiner to testify that their identification was verified by another examiner impermissibly bolstered the testimony, constituting reversible error. However, the court also held that the evidence presented was sufficient to deny a motion
• Coleman v. State
  58 So. 3d 324· Fla. 1st DCA· 2011-03-28 ·cited 2×
  Taylor Coleman appeals her convictions for theft, burglary, and criminal mischief after a witness improperly commented on her invoking her right to remain silent during police interrogation. The court reversed because the state failed to prove beyond a reasonable doubt that the c
• Horne v. State
  57 So. 3d 927· Fla. 2d DCA· 2011-03-25 ·cited 2×
  Edward Horne appeals his second-degree murder conviction and life sentence, challenging the trial court's admission of his pre-Miranda confession. Although the appellate court concluded the detectives' conduct constituted custodial interrogation requiring Miranda warnings, it aff
• Houston v. State
  56 So. 3d 908· Fla. 2d DCA· 2011-03-18 ·cited 2×
  John Miguel Houston challenges his conviction for attempted second-degree murder after firing a gun at a robbery victim from close range. The court reversed his attempted second-degree murder conviction because the jury instruction impermissibly required proof of an intent to kil
• Thermidor v. State
  50 So. 3d 1184· Fla. 4th DCA· 2010-12-22 ·cited 2×
  Jean Thermidor was convicted of robbery after a trial in which the state introduced evidence of a prior uncharged armed robbery under the Williams rule. The Fourth District Court of Appeal reversed, finding that the trial court abused its discretion in admitting the prior crime e
• Edson Barrios v. State
  50 So. 3d 708· Fla. 4th DCA· 2010-12-15 ·cited 2×
  The court held that improper prosecutorial comments during closing argument denied the defendant his right to a fair trial.
• Florencio Chavez v. State
  48 So. 3d 1022· Fla. 2d DCA· 2010-12-08 ·cited 2×
  The court held that the trial court abused its discretion by denying the defendant's motion for a continuance, as defense counsel was not afforded adequate time to prepare for trial due to a last-minute change in the trial date.
• Cooper v. State
  68 So. 3d 263· Fla. 2d DCA· 2010-12-01 ·cited 2×
  Cooper appeals his convictions for sexual abuse, challenging the trial court's admission of testimony about uncharged sexual incidents. On remand from the Florida Supreme Court to apply the correct harmless error standard, the Second District Court of Appeal affirms the convictio
• L.E.D. v. State
  48 So. 3d 167· Fla. 4th DCA· 2010-11-24 ·cited 2×
  The trial court reversibly erred in sequestering the mother of a child defendant from the courtroom during the presentation of the state's case.
• Aroche v. State
  43 So. 3d 159· Fla. 3d DCA· 2010-09-01 ·cited 2×
• Bienaime v. State
  45 So. 3d 804· Fla. 4th DCA· 2010-07-07 ·cited 2×
  Jean Claude Bienaime was convicted of false imprisonment, aggravated assault with a firearm, and battery in a domestic violence case. The Fourth District Court of Appeal reversed, holding that the trial court erred in admitting an officer's hearsay testimony regarding the victim'
• Wyon Dale Childers v. Floyd
  608 F.3d 776· 11th Cir.· 2010-06-08 ·cited 2×
  Wyon Dale Childers was convicted of bribery and unlawful compensation based primarily on testimony from Willie Junior, a co-conspirator who received a favorable plea agreement in exchange for cooperation. The trial court prohibited Childers from cross-examining Junior about the E
• Branch v. McDonough
  779 F. Supp. 2d 1309· N.D. Fla.· 2010-03-30 ·cited 2×
  The court held that the petitioner's claims of ineffective assistance of counsel and other errors were without merit, as the trial was fair and the evidence overwhelming.
• Harrison v. State
  33 So. 3d 727· Fla. 1st DCA· 2010-03-25 ·cited 2×
  Tommy Jack Harrison was convicted of lewd and lascivious molestation of a child under twelve, but the appellate court reversed and remanded for a new trial because the trial court abused its discretion by excluding expert testimony on the formation and reliability of children's m
• Cooper v. State
  27 So. 3d 715· Fla. 4th DCA· 2010-01-27 ·cited 2×
  David Cooper, a convicted sex offender, was convicted of failing to register his correct residential address. The Florida Fourth District Court of Appeal reversed his conviction, holding that a detective's question asking Cooper if he would like to make a "post-Miranda statement"
• Thomas v. State
  22 So. 3d 626· Fla. 1st DCA· 2009-10-08 ·cited 2×
  The court affirmed the admission of DNA mixture frequency statistics under the Frye test as an accepted extension of the product rule, but reversed the conviction due to error in the manslaughter jury instruction under Montgomery v. State.
• Goforth v. State
  15 So. 3d 786· Fla. 5th DCA· 2009-07-17 ·cited 2×
  Raymond Goforth appeals the trial court's summary denial of his Rule 3.850 motion for postconviction relief alleging ineffective assistance of counsel. The court reverses and remands for an evidentiary hearing on Goforth's claim that his trial counsel failed to move for a mistria
• Freeman v. State
  1 So. 3d 373· Fla. 5th DCA· 2009-01-30 ·cited 2×
  Joseph Scott Freeman appeals his convictions for aggravated stalking, kidnapping with a weapon, violation of a domestic violence injunction, and violation of probation following a seven-day multi-state abduction of his ex-girlfriend Karen Kummerer. The Florida Fifth District Cour
• Novel C. Eford v. State
  993 So. 2d 1170· Fla. 5th DCA· 2008-11-07 ·cited 2×
  The court held that appellate counsel was not ineffective for failing to raise the issue of the trial court's omission of justifiable and excusable attempted homicide instructions, as such an omission does not constitute fundamental error in this context.
• Harvey v. State
  32 So. 3d 61· Fla. 2d DCA· 2008-10-22 ·cited 2×
  Harvey appeals his criminal contempt conviction for failure to pay court-ordered child support. The trial court erred by compelling Harvey to testify against himself in a criminal contempt proceeding, violating his Fifth Amendment right against self-incrimination. The appellate c
• Muir v. State
  987 So. 2d 230· Fla. 4th DCA· 2008-07-30 ·cited 2×
  Gerald Muir was convicted of attempted murder in the second degree after being charged with attempted murder in the first degree. The court reversed and remanded for a new trial because the trial court erred in refusing to allow the defense to present evidence about the victim's
• Hamilton v. State
  981 So. 2d 615· Fla. 4th DCA· 2008-05-14 ·cited 2×
  Jason Hamilton appealed his sentence, challenging whether the trial judge violated Apprendi v. New Jersey by imposing sentence enhancements for victim injury, death, and firearm use without jury findings. The Florida Supreme Court quashed the appellate court's prior affirmance an