Harmless Error Analysis

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

• McMillan v. State
  254 So. 3d 1002· Fla. 4th DCA· 2018-09-05 ·cited 1×
  A trial court's erroneous belief that it is required to impose a life sentence under the HVFO statute constitutes grounds for habeas corpus relief and resentencing, even where the issue was previously raised and denied, when the court's error is clear from the record and granting
• Felice John Veach v. State
  254 So. 3d 624· Fla. 1st DCA· 2018-08-30 ·cited 1×
  The trial court properly admitted the disputed portions of the jailhouse telephone call because they were relevant to establishing appellant's identity on the call, and any probative value was not outweighed by unfair prejudicial effect. The trial court also properly restricted c
• Lavar Monte Thompson v. State
  253 So. 3d 684· Fla. 1st DCA· 2018-08-03 ·cited 1×
  The trial court did not abuse its discretion in admitting the wallet and shoes because Thompson failed to demonstrate tampering, the evidence was sufficiently authenticated through circumstantial evidence including the wallet's contents and testimony about the shoes, and any erro
• Alton Bernard Manor v. State
  250 So. 3d 714· Fla. 4th DCA· 2018-07-05 ·cited 1×
  Prosecutor's comments on a defendant's failure to testify or explain his presence, though erroneous and fairly susceptible to interpretation as comments on trial silence, do not require reversal absent fundamental error when the defendant fails to object.
• George v. State
  251 So. 3d 262· Fla. 3d DCA· 2018-07-05 ·cited 1×
  The trial court did not abuse its discretion in denying the defendant's motion for a mistrial based on prosecutor voir dire statements, as any error was harmless where the court sustained objections and gave curative instructions. Although the trial court erred by precluding cros
• Naugle v. State
  244 So. 3d 1127· Fla. 4th DCA· 2018-05-30 ·cited 1×
  The defendant appealed his convictions and sentences following a guilty plea, challenging a sentencing scoresheet that erroneously classified two misdemeanor charges as additional offenses rather than prior offenses. Although the appellate court found the error harmless because t
• Everett v. State
  258 So. 3d 1199· Fla.· 2018-05-24 ·cited 1×
  Paul Glen Everett, a death row inmate, appealed the circuit court's summary denial of his successive postconviction motion seeking to vacate his death sentence based on Hurst v. Florida. The Florida Supreme Court affirmed the denial, holding that Everett's unanimous jury recommen
• Asad U. Khan v. State
  243 So. 3d 506· Fla. 2d DCA· 2018-04-06 ·cited 1×
  The trial court reversibly erred in allowing hearsay testimony about a detective's database investigation and in permitting a cross-examination question that implicitly commented on Khan's post-arrest silence in violation of the Fifth Amendment.
• Campbell v. State
  241 So. 3d 877· Fla. 4th DCA· 2018-03-28 ·cited 1×
  Mark Campbell was convicted of lewd or lascivious molestation of a child and related charges. The trial court denied a defense challenge for cause against a social worker juror who expressed a strong belief that children never lie about sexual abuse, despite rehabilitation attemp
• Baez v. State
  235 So. 3d 1028· Fla. 2d DCA· 2018-01-05 ·cited 1×
  The trial court abused its discretion by excluding jailhouse informant testimony that Charles Pandolfo stated police had the "wrong guy," as the statement met all requirements for admission as a statement against interest under Florida Statutes § 90.804(2)(c), and the error was n
• Phelps v. State
  232 So. 3d 1131· Fla. 3d DCA· 2017-11-08 ·cited 1×
  Joseph Phelps was convicted of first-degree murder and attempted robbery with a firearm in the 1996 shooting death of Miami grocery store owner Louinas Lucas, based largely on testimony from an accomplice given 15 years after the crime. On appeal, Phelps challenged the trial cour
• T.S. v. State
  227 So. 3d 229· Fla. 1st DCA· 2017-10-06 ·cited 1×
  The appellate court reversed a juvenile's commitment to a residential program, finding the trial court failed to comply with the E.A.R. v. State standard for deviating from the Department of Juvenile Justice's recommendation. The court held that the trial court's reasons for depa
• Harrison v. Gregory
  221 So. 3d 1273· Fla. 5th DCA· 2017-07-07 ·cited 1×
  In this wrongful death appeal, the Florida Fifth District Court of Appeal reversed a jury verdict assessing 75% fault to defendant Marie Harrison and 25% fault to the deceased motorcycle operator, finding cumulative trial errors—admission of a prejudicial statement, reference to
• Collar v. R.J. Reynolds Tobacco Co. & Philip Morris USA, Inc.
  222 So. 3d 581· Fla. 4th DCA· 2017-07-05 ·cited 1×
  In this Engle progeny tobacco case, the Florida Court of Appeal reversed a jury verdict for tobacco defendants where the trial court made inconsistent evidentiary rulings: excluding the plaintiff's treating pulmonologist's expert opinion on addiction but allowing him to testify a
• Byrd v. State
  221 So. 3d 659· Fla. 4th DCA· 2017-06-14 ·cited 1×
  Thomas Byrd was convicted of first-degree murder and armed robbery alongside two co-defendants. On appeal, Byrd challenged the trial court's admission of his co-defendant Sammiel's recorded police statement to rebut an alibi witness. The court reversed and remanded for a new tria
• Dowd v. State
  227 So. 3d 194· Fla. 2d DCA· 2017-05-26 ·cited 1×
  Calvin Dowd appeals his conviction for lewd and lascivious molestation, challenging the admission of his post-Miranda statements, the admission of Williams rule evidence, and the trial court's denial of his motion to interview jurors. The appellate court affirmed the conviction o
• Sirmons v. State
  219 So. 3d 87· Fla. 4th DCA· 2017-05-17 ·cited 1×
  Alex Sirmons appeals his convictions for robbery with a deadly weapon, aggravated assault, aggravated battery, and grand theft. The court affirms most of his claims but reverses his grand theft conviction due to insufficient evidence of the stolen phone's value and remands for re
• Hudson v. State
  213 So. 3d 941· Fla. 4th DCA· 2017-03-15 ·cited 1×
  The court held that the trial court abused its discretion by admitting evidence of an uncharged collateral crime (punching the victim's wife) which was not inextricably intertwined with the charged crime (stabbing the victim).
• Poul Wesley Spradling v. State
  211 So. 3d 1144· Fla. 1st DCA· 2017-03-03 ·cited 1×
  The court held that while the trial court erred in allowing improper impeachment questioning regarding prior felony convictions, the error was harmless and did not contribute to the verdict.
• Heare v. State
  205 So. 3d 823· Fla. 2d DCA· 2016-11-18 ·cited 1×
  Roger Heare was convicted of felony battery after striking his ex-wife's adult son during a confrontation at the marital home. The Florida Second District Court of Appeal reversed and remanded for a new trial, finding that the trial court erred by refusing to instruct the jury on
• Kelley v. State
  204 So. 3d 37· Fla. 1st DCA· 2016-09-06 ·cited 1×
  Appellant Kelley was charged with lewd or lascivious battery and conduct against child victims. The trial court refused to instruct the jury on the permissive lesser-included offense of unnatural and lascivious act despite Kelley's request, constituting reversible error requiring
• Robinson v. State
  198 So. 3d 1088· Fla. 4th DCA· 2016-08-24 ·cited 1×
  Cheryl Robinson appeals her conviction for battery-related offenses stemming from an altercation. The Fourth District Court of Appeal reversed and remanded, finding that the trial court committed reversible error by failing to hold Richardson hearings regarding both the State's l
• Salvo v. State
  199 So. 3d 390· Fla. 4th DCA· 2016-08-17 ·cited 1×
  The court held that the trial court did not commit harmful error by sustaining a hearsay objection to cross-examination about inconsistent statements regarding the amount of money stolen, but did err in sentencing the defendant by imposing multiple overlapping recidivist sanction
• Clark v. State
  190 So. 3d 146· Fla. 4th DCA· 2016-03-02 ·cited 1×
  James Clark appealed his DUI manslaughter conviction, raising issues regarding an officer's qualification as an expert in accident reconstruction, a juror challenge denial, and alleged prosecutorial misconduct. The appellate court affirmed the conviction and sentence, finding tha
• Jones v. State
  197 So. 3d 1085· Fla. 2d DCA· 2015-11-25 ·cited 1×
  Jerry Tyrone Jones was convicted of two counts of first-degree murder and one count of attempted first-degree murder. The appellate court held that the trial court abused its discretion in excluding expert testimony on eyewitness identification reliability, but affirmed the convi
• Zipperer v. State
  177 So. 3d 665· Fla. 1st DCA· 2015-10-12 ·cited 1×
  David Zipperer appealed the dismissal of his pro se motion to withdraw his guilty plea on probation violation charges. The court affirmed the dismissal, holding that his general allegations of ineffective assistance of counsel were insufficient to require a hearing under Sheppard
• Donnell Smith v. State
  174 So. 3d 1025· Fla. 2d DCA· 2015-07-24 ·cited 1×
  On remand from the Florida Supreme Court, the Second District Court of Appeal reaffirmed the dismissal of Smith's postconviction motion challenging his resentencing under Apprendi and Blakely, finding that Smith admitted the factual basis for departure through his guilty plea and
• Summerall v. State
  171 So. 3d 150· Fla. 1st DCA· 2015-07-14 ·cited 1×
  The court held that the trial court erred in admitting hearsay testimony regarding statements made by the appellant's mother, and this error was not harmless.
• Shamond Byrd v. State
  167 So. 3d 480· Fla. 3d DCA· 2015-06-03 ·cited 1×
• Roman v. State
  165 So. 3d 723· Fla. 4th DCA· 2015-05-20 ·cited 1×
  Carlos Roman was convicted of lewd or lascivious molestation of a child and appealed, arguing the trial court erred in excluding testimony from his first wife and son that would have shown the alleged victim's mother had motive and bias to fabricate the allegations. The appellate
• Martin v. State
  154 So. 3d 1161· Fla. 2d DCA· 2015-01-07 ·cited 1×
  Dwayne Martin was convicted of aggravated battery and grand theft stemming from a theft of ATVs and a subsequent altercation with a witness. The appellate court affirmed the grand theft conviction but reversed the aggravated battery conviction due to fundamental error in the jury
• Parker v. State
  142 So. 3d 960· Fla. 4th DCA· 2014-07-23 ·cited 1×
  Dwight Parker appeals his drug trafficking convictions, challenging the admission of gun-related evidence discovered during a traffic stop that led to the vehicle search. The Fourth District Court of Appeal reversed and remanded for a new trial, holding that evidence of the firea
• Plain v. State
  141 So. 3d 696· Fla. 4th DCA· 2014-06-25 ·cited 1×
• Wetherington v. State
  135 So. 3d 584· Fla. 1st DCA· 2014-04-16 ·cited 1×
  Kenneth Ellis Wetherington appeals his felony DUI conviction after a bifurcated jury trial. The appellate court found that testimony regarding statements Wetherington made to a police officer about being the driver was erroneously admitted in violation of Florida's accident repor
• Vance Jerome Farmer v. State
  128 So. 3d 248· Fla. 4th DCA· 2013-12-11 ·cited 1×
  Petitioner sought relief for ineffective assistance of appellate counsel, claiming counsel should have challenged the trial court's use of a projector screen placed between the defendant and a four-year-old child abuse victim during testimony. The court denied the petition, holdi
• Horne v. State
  127 So. 3d 898· Fla. 5th DCA· 2013-12-06 ·cited 1×
  Stephen Horne was convicted of murdering his father after confessing during police interrogation. The Fifth District Court of Appeal reversed his conviction, holding that Horne unambiguously reasserted his right to remain silent during questioning, requiring police to cease inter
• Davide Forrest DeLAFÉ v. State
  124 So. 3d 293· Fla. 1st DCA· 2013-09-18 ·cited 1×
  On the second appeal, the court affirmed the postconviction court's harmless error analysis regarding an Apprendi/Blakely sentencing error. The trial court had imposed an upward departure sentence for attempted sexual battery on a child without submitting the departure factors to
• Blake v. State
  110 So. 3d 534· Fla. 1st DCA· 2013-04-08 ·cited 1×
  The Florida First District Court of Appeal reversed Blake's conviction for aggravated assault with a deadly weapon and burglary, holding that the trial court's erroneous removal of a prospective juror based on his engagement to a public defender constituted reversible error that
• Fermin Nunez v. State
  109 So. 3d 890· Fla. 3d DCA· 2013-03-27 ·cited 1×
  Fermín Nunez was convicted of sexual battery and lewd molestation of a five-year-old child. The Third District Court of Appeal reversed because the trial court erroneously allowed the jury to view an unredacted forensic interview during deliberations that included excluded eviden
• Stannard v. State
  113 So. 3d 929· Fla. 5th DCA· 2013-01-25 ·cited 1×
  Brian Stannard was convicted of trafficking in oxycodone and obtaining a prescription by fraud after being coerced by a drug dealer under threat of serious bodily harm. The appellate court reversed and remanded for a new trial, holding that the trial court erred in refusing to in
• Regino Martinez v. State
  127 So. 3d 545· Fla. 4th DCA· 2012-10-31 ·cited 1×
  Regino Martinez was convicted of armed burglary with assault and attempted second-degree murder. The Florida Fourth District Court of Appeal reversed his conviction because the trial court improperly allowed a Spanish-language recording of Martinez's interrogation to be translate
• Mitchell v. State
  147 So. 3d 1· Fla. 1st DCA· 2012-03-22 ·cited 1×
  The court held that the record was insufficient to determine if the Apprendi/Blakely error was harmless and therefore reversed the denial of the motion to correct illegal sentence.
• Perez v. State
  79 So. 3d 140· Fla. 3d DCA· 2012-02-01 ·cited 1×
  Jose Perez was convicted of cocaine possession after drugs were found in his vehicle during a traffic stop. The Florida Third District Court of Appeal reversed the conviction because the trial court improperly admitted prejudicial testimony and prosecutorial comments about an ong
• Henderson v. State
  69 So. 3d 1022· Fla. 4th DCA· 2011-09-14 ·cited 1×
• Johnson v. State
  68 So. 3d 366· Fla. 1st DCA· 2011-08-23 ·cited 1×
  Johnson was convicted of sale of a controlled substance based on identification testimony from a confidential informant and three law enforcement officers. The First District Court of Appeal reversed the conviction because the trial court erroneously admitted identification testi
• Hale Harris v. State
  67 So. 3d 1179· Fla. 4th DCA· 2011-08-17 ·cited 1×
• H.L.D., JR. v. State
  83 So. 3d 750· Fla. 5th DCA· 2011-08-05 ·cited 1×
  H.L.D., a juvenile, appeals from an order finding him guilty of aggravated stalking and harassing telephone calls, arguing the trial judge improperly consulted with a court reporter ex parte to understand a recorded CD containing evidence. The appellate court agreed, finding the
• Gilmore v. State
  64 So. 3d 200· Fla. 2d DCA· 2011-07-08 ·cited 1×
  The court held that the trial court improperly imposed an upward departure sentence based on factual findings not admitted by the defendant or found by a jury, and that victim injury points were improperly included on the scoresheet.
• Trapp v. State
  57 So. 3d 269· Fla. 4th DCA· 2011-03-30 ·cited 1×
  Craig Trapp appeals his convictions for false imprisonment and carjacking, challenging the trial court's admission of testimony regarding his prior perjury conviction used to impeach his credibility. The Florida appellate court held that the prosecutor improperly elicited this co
• Cedrick E. Jones v. State
  54 So. 3d 1085· Fla. 4th DCA· 2011-03-02 ·cited 1×
  Affirmed conviction for burglary despite prosecutor's improper bolstering of expert witness credibility, finding harmless error given overwhelming fingerprint and admissions evidence.