Harmless Error Analysis

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

• Waldron v. State
  979 So. 2d 449· Fla. 2d DCA· 2008-04-25 ·cited 2×
  Scott Waldron appealed his burglary and petit theft conviction, challenging the trial court's instruction to the jury on the inference arising from unexplained possession of recently stolen property. The Florida appellate court reversed and remanded for a new trial, finding insuf
• Woodard v. State
  978 So. 2d 217· Fla. 1st DCA· 2008-03-31 ·cited 2×
  Melvin Woodard was convicted of lewd or lascivious molestation of two minor girls, but the First District reversed because the trial court improperly admitted vague evidence of a similar crime from 17 years earlier without conducting the required similarity analysis mandated by F
• State v. Maynor Efren Monnar
  976 So. 2d 581· Fla.· 2008-02-28 ·cited 2×
  The court held that the petitioner's response lacked sufficient information to conduct a harmless error analysis, and the decision under review must be quashed.
• Lester v. State
  976 So. 2d 577· Fla.· 2008-02-21 ·cited 2×
  The Court granted the petition for review, quashed the decision below, and remanded for application of a harmless error analysis.
• Hamilton v. State
  976 So. 2d 575· Fla.· 2008-02-21 ·cited 2×
  The Florida Supreme Court granted Hamilton's petition for review, quashed the Fourth District's decision, and remanded for harmless error analysis under Galindez v. State because the record was insufficient for the Court to perform the analysis itself.
• State v. Moline
  976 So. 2d 576· Fla.· 2008-02-21 ·cited 2×
  The court held that it lacked sufficient information to perform a harmless error analysis and therefore granted the petition for review.
• Barron v. State
  976 So. 2d 577· Fla.· 2008-02-21 ·cited 2×
  The court held that petitioner's response lacked sufficient information for a harmless error analysis, and the record was not before the court.
• State v. Mills
  976 So. 2d 578· Fla.· 2008-02-21 ·cited 2×
  The court held that petitioner's response lacked sufficient information for a harmless error analysis, and the case must be remanded for such an analysis.
• Pugh v. State
  971 So. 2d 225· Fla. 4th DCA· 2008-01-02 ·cited 2×
  Otis Pugh appeals his conviction for soliciting to deliver cocaine, challenging the admissibility of an undercover officer's testimony translating the slang term "20" to mean crack cocaine. The court affirmed the conviction, holding that the officer's expert testimony on street d
• Mitchell v. State
  Fla. 2d DCA· 2007-12-14 ·cited 2×
  The court's prior opinion in Powell establishes a per se rule that a standard Miranda form is legally defective, rendering statements inadmissible unless the error was harmless beyond a reasonable doubt.
• Broward Cnty. Sheriff's Off. v. Brody
  969 So. 2d 447· Fla. 4th DCA· 2007-11-14 ·cited 2×
  The Broward County Sheriff's Office appealed a $30.6 million jury verdict awarded to the Brody family for catastrophic injuries sustained by their son Eric in a motor vehicle accident caused by a deputy sheriff. The appellate court affirmed the verdict, rejecting BSO's argument t
• Hicks v. State
  967 So. 2d 1105· Fla. 4th DCA· 2007-11-14 ·cited 2×
  The Florida Fourth District Court of Appeal reversed Carl Lee Hicks's cocaine delivery conviction because the trial court erroneously admitted expert testimony from officers that drug transactions commonly involve two people—one to broker the deal and another to deliver the drugs
• Kendrick Demonte Edwards v. State
  967 So. 2d 308· Fla. 3d DCA· 2007-09-26 ·cited 2×
  Edwards was convicted of armed robbery based primarily on evidence that a non-testifying witness (Eulaine) had identified him as the person seen at a flea market the day after the robbery. The court reversed because police officers were improperly allowed to testify about Eulaine
• Lightsey v. State
  964 So. 2d 255· Fla. 4th DCA· 2007-09-12 ·cited 2×
  The appellate court denied a petition for habeas corpus relief, finding that while the petitioner may have identified an omission by his appellate counsel, he failed to demonstrate how this omission undermined confidence in the outcome of the appeal. The court emphasized that con
• Scott v. State
  957 So. 2d 43· Fla. 1st DCA· 2007-04-30 ·cited 2×
  Adrian Scott was convicted of felony murder by aggravated child abuse, but the Florida First District Court of Appeal reversed his conviction because the trial court improperly admitted evidence of prior injuries to the child without proper Williams rule notice and admitted insuf
• Bruch v. State
  954 So. 2d 1242· Fla. 4th DCA· 2007-04-25 ·cited 2×
  Richard Bruch was convicted of DUI manslaughter after a blood-alcohol test was performed using a kit that had expired 28 days prior. On appeal, Bruch challenged the reliability of the expired test kit. The Florida appellate court affirmed the conviction, holding that use of an ex
• Lewis v. State
  952 So. 2d 1271· Fla. 5th DCA· 2007-04-13 ·cited 2×
  The court held that applying both statutory enhancements for firearm use in sentencing does not constitute an impermissible double enhancement.
• Rains v. State
  955 So. 2d 39· Fla. 5th DCA· 2007-03-16 ·cited 2×
  Vincent Rains, a middle school teacher, was convicted of lewd and lascivious battery of a twelve-year-old student for sexual contact that occurred during after-school activities. The Florida Fifth District Court of Appeal affirmed the conviction, rejecting challenges to the jury
• Est. OF Clara B. Jones v. Mariner Health Care OF Deland, Inc.
  955 So. 2d 43· Fla. 5th DCA· 2007-03-16 ·cited 2×
  The Estate of Clara B. Jones appealed a directed verdict and judgment in favor of a nursing home operator, challenging the trial court's limitation of statutory claims under Florida's Nursing Home Residents' Act to violations occurring after May 15, 2001. The court held that a pe
• Felton v. State
  949 So. 2d 342· Fla. 4th DCA· 2007-02-28 ·cited 2×
  The court held that the trial court improperly restricted the defendant's cross-examination of the victim regarding her methadone use at the time of the incident, requiring a new trial.
• Owens v. State
  948 So. 2d 1009· Fla. 4th DCA· 2007-02-21 ·cited 2×
  Lawrence Owens was convicted of battery on a law enforcement officer and resisting an officer with violence. The Florida Fourth District Court of Appeal reversed and ordered a new trial because hearsay contents of police dispatch communications were improperly admitted to prove t
• Diaz v. State
  958 So. 2d 377· Fla. 3d DCA· 2007-02-07 ·cited 2×
  Larry Diaz was convicted of armed robbery after he admitted being present at the scene and driving the getaway car but claimed he was forced at gunpoint by his co-defendant. The appellate court affirmed his conviction, rejecting claims that the prosecutor impermissibly commented
• Johnson v. State
  951 So. 2d 11· Fla. 1st DCA· 2007-02-02 ·cited 2×
  The trial court abused its discretion by denying the defendant's motion for mistrial where an officer's testimony about the defendant invoking his right to counsel was susceptible to interpretation as a comment on the right to remain silent, a high-risk error that could not be fo
• Jahmarley Boland v. State
  946 So. 2d 642· Fla. 4th DCA· 2007-01-24 ·cited 2×
  Jahmarley Boland was convicted of three counts of robbery with a firearm and one count of armed burglary while wearing a mask. The Florida Fourth District Court of Appeal reversed and remanded because the trial court abused its discretion by denying Boland's motion for a continua
• State v. Hamner
  942 So. 2d 433· Fla. 4th DCA· 2006-10-25 ·cited 2×
  John Dean Hamner was convicted by jury of sexual battery without physical force. The trial court imposed a downward departure sentence of 30 months in the Department of Corrections. On appeal, the State challenged the downward departure sentence, while Hamner cross-appealed on ev
• Cueto v. State
  937 So. 2d 144· Fla. 3d DCA· 2006-06-14 ·cited 2×
  Jorge Cueto appeals a summary denial of his Rule 3.850 postconviction motion claiming ineffective assistance of counsel. The court reverses, finding that Cueto raised a potentially meritorious claim regarding insufficient evidence for a burglary conviction (since the hotel area w
• Valgean D. Britton v. State
  928 So. 2d 386· Fla. 5th DCA· 2006-04-07 ·cited 2×
  The court held that the trial court did not err in excluding testimony about a prior threat by the decedent, as its prejudicial effect outweighed its probative value and was not relevant to the defendant's state of mind.
• S.D. v. State
  924 So. 2d 963· Fla. 4th DCA· 2006-04-05 ·cited 2×
  In this juvenile delinquency appeal, the court affirmed the disposition, holding that a violation of the 10-day period for adjudicatory hearing following a motion for discharge hearing is harmless error if the trial occurs within 15 days of filing the motion for discharge, consis
• 5 Star Builders, Inc. v. Leone
  916 So. 2d 1010· Fla. 4th DCA· 2006-01-04 ·cited 2×
  The trial court erred in admitting hearsay letters alleging witness tampering, as they were not written by or received by a testifying witness and improperly prejudiced the builder.
• Jennings v. Crosby
  392 F. Supp. 2d 1312· N.D. Fla.· 2005-09-29 ·cited 2×
  The court denied the petition for a writ of habeas corpus, finding no violation of Brady or Strickland standards.
• Cook v. State
  896 So. 2d 885· Fla. 4th DCA· 2005-03-02 ·cited 2×
  Louis Cook was convicted of burglary and petit theft after a custodial interrogation. The Fourth District Court of Appeal reversed, holding that the Miranda warnings given to Cook failed to adequately inform him of his right to have counsel present during interrogation, as requir
• Tubwell v. State
  886 So. 2d 433· Fla. 1st DCA· 2004-11-17 ·cited 2×
• Barr v. State
  881 So. 2d 1185· Fla. 1st DCA· 2004-08-30 ·cited 2×
  Charles Barr appeals his cocaine sale conviction, challenging the trial court's refusal to allow cross-examination about the 'takedown signal' used by an undercover detective to communicate that a drug transaction had occurred. The court reversed, holding that the defendant's Six
• Cash v. State
  875 So. 2d 829· Fla. 2d DCA· 2004-07-02 ·cited 2×
  Jacob Cash appeals the denial of his Rule 3.850 motion for postconviction relief following his conviction for second-degree murder and shooting into a vehicle. The court affirmed the denial of eight grounds and nine others after an evidentiary hearing, but reversed and remanded f
• Percell Anthony Wise v. State
  860 So. 2d 1096· Fla. 5th DCA· 2003-12-12 ·cited 2×
  Percell Anthony Wise appeals his convictions for robbery with a deadly weapon and aggravated flight, arguing the trial court erred by admitting his statement about smoking crack cocaine on the night of the offenses. The appellate court affirmed the convictions, finding any error
• McLEVY v. State
  849 So. 2d 431· Fla. 1st DCA· 2003-07-14 ·cited 2×
  Robert McLevy, convicted of sexual battery of his granddaughter, challenged the summary denial of his Rule 3.850 post-conviction relief motion. The court found merit in his claim that trial counsel was ineffective for failing to object to videotaped evidence being allowed in the
• Joubert v. State
  847 So. 2d 1056· Fla. 3d DCA· 2003-06-04 ·cited 2×
  The Florida District Court of Appeal reversed Felix Joubert's convictions for grand theft and perjury, finding that the State violated discovery rules under Richardson v. State by failing to produce a surveillance video to the defense before trial, which resulted in procedural pr
• McKINZIE v. State
  845 So. 2d 316· Fla. 1st DCA· 2003-05-20 ·cited 2×
  The trial court erred by excluding a defense witness's testimony based on a sequestration violation without conducting a proper inquiry as required by Atkinson v. State.
• Isidro G. Gonzalez v. State
  838 So. 2d 1242· Fla. 1st DCA· 2003-03-10 ·cited 2×
  Appellant Gonzalez challenged his re-sentence imposed following Heggs v. State, arguing he was denied counsel at the re-sentencing hearing. The court held that the denial of the right to counsel at a critical sentencing stage constitutes fundamental error that is never harmless,
• Trod Buggs v. State
  840 So. 2d 1099· Fla. 5th DCA· 2003-03-07 ·cited 2×
  Buggs appealed a post-conviction denial of effective assistance of counsel, claiming his trial attorney failed to object when a bailiff improperly answered a jury question. The court affirmed, holding that even if the bailiff's response was error, it was harmless under the law ex
• Mercer v. State
  835 So. 2d 1273· Fla. 4th DCA· 2003-02-05 ·cited 2×
  Mercer was convicted of armed robbery of a barbershop, but the appellate court reversed for a new trial because the trial court improperly restricted cross-examination of the state's key witness about the extent of information police provided her before she implicated Mercer, whi
• R.D. v. State
  842 So. 2d 863· Fla. 2d DCA· 2003-01-10 ·cited 2×
  R.D. appeals his delinquency adjudication for robbery after the trial court excluded a defense witness for failure to disclose in discovery without conducting a Richardson hearing. The appellate court reversed, holding that the trial court erred by failing to conduct the required
• Claridy v. State
  827 So. 2d 1088· Fla. 1st DCA· 2002-10-14 ·cited 2×
  Robert Claridy appealed his convictions on three counts of capital sexual battery. The court reversed the convictions and remanded for a new trial, finding that two erroneous evidentiary rulings by the trial court were not harmless, particularly given the prosecution's credibilit
• Woodyard v. State
  823 So. 2d 853· Fla. 1st DCA· 2002-08-20 ·cited 2×
  Trial court erred by refusing to give the accomplice-witness cautionary instruction where the accomplice's testimony was essential to conviction and the defense theory was that the accomplice testified falsely.
• Gardner v. State
  821 So. 2d 1220· Fla. 2d DCA· 2002-07-26 ·cited 2×
  Leroy Gardner was convicted of cocaine sale within 1000 feet of a place of worship and possession of cocaine. The court reversed and remanded for a new trial because the State failed to provide the required ten-day notice before introducing evidence of Gardner's other crimes (his
• Bartley v. State
  817 So. 2d 1065· Fla. 5th DCA· 2002-06-07 ·cited 2×
  Curtis Bartley appealed his armed robbery conviction, challenging the inclusion of a masked robbery enhancement where the evidence showed only his accomplice wore a mask, not Bartley himself. The court found the trial court erred in denying his motion for directed verdict on the
• Chuck Steven Thompson v. State
  818 So. 2d 632· Fla. 1st DCA· 2002-06-06 ·cited 2×
  Chuck Thompson appealed the summary denial of his motion to vacate sentence for ineffective assistance of counsel, arguing his trial counsel affirmatively misadvised him that voluntary intoxication is not a defense to first-degree murder. The court reversed in part, holding that
• Lopez v. State
  811 So. 2d 815· Fla. 2d DCA· 2002-03-20 ·cited 2×
  Florida appellate court reversed and remanded where trial court failed to enter a written probation revocation order and improperly assessed six points on the sentencing scoresheet for community sanction violation.
• Uton Cunningham v. State
  801 So. 2d 244· Fla. 4th DCA· 2001-12-12 ·cited 2×
  Appellant was convicted of sexual battery and indecent assault of a child. The court reversed his conviction because the trial court improperly allowed a psychologist to testify before the jury explaining why the child victim was emotionally unavailable to testify, which amounted
• Clark v. State
  780 So. 2d 184· Fla. 3d DCA· 2001-01-31 ·cited 2×
  Courtney Clark was convicted of second-degree murder for his role in a drive-by shooting that killed an innocent bystander. On appeal, Clark challenged the trial court's denial of his motion to suppress a statement he made to a detective after receiving Miranda warnings, arguing