Harmless Error Analysis

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

• R.J.J. v. State
  771 So. 2d 1265· Fla. 2d DCA· 2000-11-15 ·cited 2×
  The trial court erred by strictly applying the sequestration rule and denying a proffer of excluded testimony, requiring reversal.
• Collins v. State
  774 So. 2d 735· Fla. 1st DCA· 2000-10-31 ·cited 2×
  Anthony Collins was convicted of armed robbery and assault arising from a restaurant robbery. The First District Court of Appeal reversed his convictions because the trial court improperly instructed the jury about why a key witness was unavailable for cross-examination, disclosi
• Arsene Frederic v. State
  770 So. 2d 719· Fla. 4th DCA· 2000-10-25 ·cited 2×
  Arsene Frederic was convicted of sexual battery on a minor based on victim testimony and DNA evidence showing a 99.99+% probability he fathered the victim's child. He appealed challenging the trial court's evidentiary rulings and denial of his motion to dismiss, but the appellate
• Hill v. State
  768 So. 2d 518· Fla. 2d DCA· 2000-09-06 ·cited 2×
  April Hill appeals her cocaine sales and possession convictions, arguing the trial court erroneously admitted a letter she wrote to the judge requesting drug treatment and psychiatric help instead of incarceration. The court reversed, finding the letter was inadmissible character
• Milo Wilson v. State
  764 So. 2d 813· Fla. 4th DCA· 2000-07-26 ·cited 2×
  Milo Wilson appealed his armed kidnapping conviction, challenging the absence of his defense counsel during a portion of jury deliberations on Friday morning. The court affirmed the conviction, finding that while the absence of counsel at this critical stage constituted a constit
• Mathis v. State
  760 So. 2d 1121· Fla. 4th DCA· 2000-07-05 ·cited 2×
  The court held that a prosecutor's comment implying prior incarceration, when combined with a lack of physical evidence and potential memory issues, was not harmless error and warranted reversal.
• Markowski v. Attel Bank Int'l, Ltd.
  758 So. 2d 1283· Fla. 3d DCA· 2000-06-14 ·cited 2×
  The court held that the trial court erred by admitting evidence solely to impeach the defendant's credibility, which was prejudicial and not harmless error.
• KEY v. State
  760 So. 2d 278· Fla. 4th DCA· 2000-06-07 ·cited 2×
  Arthur Key appeals his third-degree murder conviction, arguing the trial court violated Florida Rule of Criminal Procedure 3.410 by responding to a jury question outside his presence. The court held that while the judge should not have discussed the jury's request without counsel
• Grimes v. State
  763 So. 2d 1237· Fla. 3d DCA· 2000-06-07 ·cited 2×
  Gary Lamar Grimes appeals his conviction for burglary of an unoccupied conveyance. The court reverses because the trial judge responded to a jury request for a crime scene diagram without consulting counsel, violating Florida Rule of Criminal Procedure 3.410.
• Smith v. State
  762 So. 2d 969· Fla. 4th DCA· 2000-05-31 ·cited 2×
  Smith sought post-conviction relief claiming ineffective assistance of appellate counsel for failing to argue the correct harmless error standard under Chapman-DiGuilio-Goodwin analysis. The Fourth District agreed that appellate counsel's failure to challenge the lower court's im
• Avila v. State
  762 So. 2d 934· Fla. 4th DCA· 2000-05-10 ·cited 2×
  Avila's cocaine trafficking conviction is reversed due to prejudicial error in allowing expert testimony that money might be 'fronted' in narcotics transactions. The testimony was inadmissible character evidence offered to explain the absence of purchase money found on Avila, and
• Robertson v. State
  780 So. 2d 94· Fla. 3d DCA· 2000-04-12 ·cited 2×
  Floyd Thomas Robertson was convicted of second degree murder in the shooting death of his girlfriend. The appellate court reversed and remanded for a new trial, finding that the trial court reversibly erred by allowing the prosecution to introduce inadmissible character evidence
• Williams v. State
  749 So. 2d 587· Fla. 5th DCA· 2000-01-28 ·cited 2×
  The court held that disclosing the nature of prior convictions to the jury, even after a stipulation to felon status, is not harmless error and requires reversal.
• Ross Dress FOR Less, Inc. v. Radcliff
  751 So. 2d 126· Fla. 2d DCA· 2000-01-12 ·cited 2×
  Ross Dress for Less appeals a judgment awarding damages to Irene Radcliff for injuries from a falling glass shelf. The appellate court reversed because the trial court improperly admitted a medical report containing inadmissible hearsay opinions from other physicians that address
• Phillips v. State
  739 So. 2d 632· Fla. 2d DCA· 1999-06-25 ·cited 2×
  Florida appellate court affirmed convictions for false imprisonment, sexual battery, and impersonating a police officer, finding evidentiary errors harmless and noting that restricting cross-examination about victim's probationary status was erroneous but did not affect the verdi
• Green v. State
  735 So. 2d 568· Fla. 2d DCA· 1999-06-11 ·cited 2×
• Jorge v. Echemendia
  735 So. 2d 555· Fla. 3d DCA· 1999-06-02 ·cited 2×
  The court held that the trial court erred in denying the defendant's motion for a mistrial due to an interpreter's misstatement.
• Newsome v. State
  735 So. 2d 546· Fla. 4th DCA· 1999-05-26 ·cited 2×
  Wayne Newsome was convicted of aggravated battery after trial where the prosecution presented a tape-recorded police interrogation containing inadmissible hearsay about alleged threats to the victim. The appellate court affirmed the conviction, finding the hearsay error harmless
• Sanders v. State
  734 So. 2d 520· Fla. 5th DCA· 1999-05-21 ·cited 2×
  The court held that the trial court did not err in admitting evidence of the defendant's prior conviction because the issue was not preserved and, even if it were, the error was harmless.
• LEE v. State
  729 So. 2d 975· Fla. 1st DCA· 1999-03-19 ·cited 2×
  Keith Darryl Lee appeals his conviction for premeditated first-degree murder, raising three evidentiary issues. The court finds that the trial court erred by preventing a defense witness from impeaching crucial state testimony, constituting harmful error requiring reversal and re
• Bernsford Evans v. State
  721 So. 2d 766· Fla. 4th DCA· 1998-11-18 ·cited 2×
  Bernsford Evans was convicted of armed robbery, but the trial court improperly admitted hearsay testimony regarding an out-of-court identification by witness Teresa Crispino who did not testify at trial. The appellate court reversed the conviction and remanded for a new trial bec
• Major Hines v. State
  719 So. 2d 358· Fla. 1st DCA· 1998-10-21 ·cited 2×
  The trial court erred by strictly applying the witness sequestration rule without considering the circumstances of the violation and the witness's testimony.
• Leaks v. State
  748 So. 2d 285· Fla. 2d DCA· 1998-08-26 ·cited 2×
  The appellate court held that the trial court's refusal to give a special jury instruction on guilty knowledge was harmless error because the defendant's sole defense was that he never possessed the item in question.
• White v. Singletary
  717 So. 2d 1054· Fla. 3d DCA· 1998-08-12 ·cited 2×
  Paul R. White appeals his conviction for aggravated battery and assault on law enforcement officers, contending he was denied a fair trial through improper impeachment by the State. The court agrees and reverses, finding the State improperly impeached White's testimony regarding
• Schwarz v. State
  717 So. 2d 567· Fla. 4th DCA· 1998-07-29 ·cited 2×
  Jessica Schwarz appeals the denial of her Rule 3.850 motion for post-conviction relief claiming ineffective assistance of counsel for failing to preserve a specific evidentiary objection at trial. The court affirms the denial, holding that because the improper evidence was harmle
• Delvin Woods v. State
  712 So. 2d 1184· Fla. 4th DCA· 1998-06-17 ·cited 2×
  The court held that a trial court's response to a jury question without notice to counsel constitutes per se reversible error.
• In the Interest of D.P. v. State
  709 So. 2d 633· Fla. 2d DCA· 1998-04-24 ·cited 2×
  The court held that the trial court erred by admitting child hearsay evidence without making the required findings of reliability under section 90.803(23), Florida Statutes.
• Waldowski v. State
  708 So. 2d 1015· Fla. 4th DCA· 1998-04-01 ·cited 2×
  The court held that the erroneous admission of irrelevant evidence, which was not harmless, requires reversal of the conviction and remand for a new trial.
• Lost Tree Vill. Corp. v. Bd. OF Trs. OF THE Internal Improvement Tr. Fund
  698 So. 2d 634· Fla. 4th DCA· 1997-09-03 ·cited 2×
  Lost Tree Village Corporation appealed amendments to Florida Administrative Code rules that restrict construction of bridges and utility lines over submerged sovereign land owned by the Internal Improvement Trust Fund (IITF), preventing the company from developing residential isl
• Moton v. State
  697 So. 2d 1271· Fla. 4th DCA· 1997-08-13 ·cited 2×
  The court held that the state improperly elicited character evidence, and this error was not harmless.
• D'Angelo Mitchell v. State
  696 So. 2d 1345· Fla. 3d DCA· 1997-07-23 ·cited 2×
  D'Angelo Mitchell was convicted of carrying a concealed firearm and unlawful possession of a firearm by a convicted felon after a gun was found under his seat in a car. The Florida District Court of Appeal reversed, holding that the trial court erred by preventing Mitchell from i
• Ollman v. State
  696 So. 2d 409· Fla. 1st DCA· 1997-06-12 ·cited 2×
  The court held that the trial court failed to apply the correct standard in evaluating the defendant's request to proceed without counsel.
• Davis v. State
  694 So. 2d 113· Fla. 4th DCA· 1997-05-28 ·cited 2×
  The court reversed Jay L. Davis's burglary conviction because the trial court improperly admitted hearsay testimony from a police officer describing the victim's initial description of the suspect, which unfairly corroborated the victim's inconsistent trial testimony. The court h
• Johnson v. State
  695 So. 2d 441· Fla. 4th DCA· 1997-05-28 ·cited 2×
  The court held that the admission of a shotgun into evidence was an error that was not harmless, requiring reversal and remand for a new trial.
• Alvord v. State
  694 So. 2d 704· Fla.· 1997-04-10 ·cited 2×
  Gary Eldon Alvord, convicted and sentenced to death for three murders in 1974, sought postconviction relief claiming Hitchcock error—that the trial court improperly prevented consideration of nonstatutory mitigating evidence. The Florida Supreme Court affirmed the trial court's d
• Rafael v. State
  688 So. 2d 335· Fla.· 1997-02-20 ·cited 2×
  The court held that the decision in Coney v. State, which clarified a defendant's right to be present at juror challenges, applies prospectively only and does not apply to cases tried before Coney was decided.
• Williams v. State
  687 So. 2d 858· Fla. 3d DCA· 1997-01-15 ·cited 2×
  Any error in the defendant not being present at a sidebar conference for juror challenges was invited by the defense and thus does not warrant reversal.
• Mitchell v. State
  682 So. 2d 604· Fla. 1st DCA· 1996-10-30 ·cited 2×
  The court held that it is per se reversible error to respond to a jury question without first affording counsel a meaningful opportunity to argue their position.
• Pender v. State
  682 So. 2d 1161· Fla. 5th DCA· 1996-10-25 ·cited 2×
  In this child sexual abuse case, appellants Kevin and Clarence Pender challenged their convictions based on the prosecution's failure to produce a colposcopic photograph. The appellate court affirmed the convictions, finding any discovery violation harmless beyond a reasonable do
• In the Interest of C.W. v. State
  681 So. 2d 1181· Fla. 2d DCA· 1996-10-16 ·cited 2×
  A mother appealed a dependency order based on sexual abuse allegations against her child. The court reversed because the trial court improperly admitted the child's hearsay statements by finding the child "testified" when she actually had memory loss and was unavailable, and ther
• Manley v. State
  677 So. 2d 104· Fla. 5th DCA· 1996-07-26 ·cited 2×
  Mark Shawn Manley appeals his convictions for second degree murder, aggravated battery, and battery, challenging the trial court's admission of two photographs showing injuries inflicted by his brother on a third party. The appellate court affirmed, holding that the photographs w
• Carolene Watson v. State
  672 So. 2d 70· Fla. 4th DCA· 1996-04-17 ·cited 2×
  The court held that the trial court did not err in revoking probation without a Richardson hearing because the discovery violation was harmless error due to cumulative evidence.
• A.E. v. State
  668 So. 2d 704· Fla. 5th DCA· 1996-03-01 ·cited 2×
  The court held that the trial court's failure to make specific findings of fact regarding the admissibility of a child victim's hearsay statements, as required by statute, constitutes reversible error.
• Martinez v. State
  667 So. 2d 906· Fla. 1st DCA· 1996-02-07 ·cited 2×
  Christopher Martinez was convicted of manslaughter after admitting he shot the victim but claiming self-defense. The Florida appellate court reversed because the trial court failed to reinstruc the jury on the definitions of justifiable and excusable homicide when the jury specif
• Moss v. State
  664 So. 2d 1061· Fla. 3d DCA· 1995-11-29 ·cited 2×
• Hoffert v. State
  662 So. 2d 1010· Fla. 4th DCA· 1995-11-15 ·cited 2×
  Donald Hoffert appeals the denial of his post-conviction motion claiming ineffective assistance of counsel based on trial counsel's failure to object to a jury reinstruction on manslaughter that omitted definitions of justifiable and excusable homicide. The court reverses and rem
• Moore v. State
  658 So. 2d 600· Fla. 1st DCA· 1995-07-19 ·cited 2×
  The court held that the trial court erred by admitting hearsay statements without making case-specific findings of reliability, thus denying the appellant due process.
• Wood v. State
  656 So. 2d 605· Fla. 1st DCA· 1995-06-23 ·cited 2×
  Joseph Wood appeals his conviction for two counts of lewd and lascivious acts upon a child under 16. The court reverses and remands for a new trial, finding that the state violated the rule against impeaching cross-examination answers with extrinsic evidence on collateral matters
• ST. JOE Paper Co. & St. Joseph Land & Dev. Co. v. Dep't OF Cmty. Affairs
  657 So. 2d 27· Fla. 1st DCA· 1995-06-12 ·cited 2×
  St. Joe Paper Company and St. Joseph Land and Development Company challenged a final order by Florida's Administration Commission that found Walton County's comprehensive plan non-compliant with chapter 163 of the Florida Statutes. The court reversed, holding that the Commission
• Thomas v. Capaldo
  654 So. 2d 1207· Fla. 5th DCA· 1995-04-28 ·cited 2×
  An individual can be convicted under section 812.019(1), Florida Statutes, for endeavoring to traffic in stolen property even if the property does not actually exist, based on prior appellate precedent.