Harmless Error Analysis

4,441 Florida cases classified under this topic, plus 2,602 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Gomila v. United States
  146 F.2d 372· 5th Cir.· 1944-12-28 ·cited 86×·via Harmless Error Doctrine
  The court held that the trial court's errors, including an incorrect charge on the presumption of innocence and the judge's undue participation in the trial, cumulatively prejudiced the defendants and required reversal.
• State v. Fleming
  61 So. 3d 399· Fla.· 2011-02-03 ·cited 85×
  The Florida Supreme Court held that Apprendi v. New Jersey and Blakely v. Washington apply to de novo resentencing proceedings even when the original conviction and sentence were final before those Supreme Court decisions issued, resolving a conflict among Florida's district cour
• Padgett v. State
  743 So. 2d 70· Fla. 4th DCA· 1999-08-25 ·cited 85×
  This case addresses whether an indigent criminal defendant has a constitutional right to court-appointed counsel when filing a motion to withdraw a guilty plea after sentencing under Florida Rule of Criminal Procedure 3.170(l). The court held that such motions constitute a critic
• United States v. Studley
  783 F.2d 934· 9th Cir.· 1986-02-26 ·cited 85×·via Harmless Error Doctrine
  An illegal arrest or detention does not void a subsequent conviction, and a district court's denial of a continuance or jury lists, or a judge's recusal, will be affirmed if not an abuse of discretion or legally insufficient.
• O'Callaghan v. State
  429 So. 2d 691· Fla.· 1983-02-10 ·cited 85×·via Harmless Error Rule
  John O'Callaghan was convicted of first-degree premeditated murder and sentenced to death for his role in the brutal killing of Gerald Vick. The Florida Supreme Court affirmed the conviction and death sentence, rejecting O'Callaghan's challenges to the joint trial with his codefe
• United States v. Georgalis
  631 F.2d 1199· 5th Cir.· 1980-12-03 ·cited 85×·via Harmless Error Standard
  The court held that while a prosecutor's improper questioning about a non-existent conviction was error, it was harmless given the strength of the evidence and corrective instructions; however, mail fraud was not proven for two counts where the mailed letters were not in furthera
• United States v. Heath
  580 F.2d 1011· 10th Cir.· 1978-06-30 ·cited 85×·via Harmless Error Rule
  The court held that the majority's conclusion sustaining the convictions was incorrect due to numerous reversible errors, including prosecutorial misconduct, Jencks Act violations, and a prejudicial variance between the indictment's single conspiracy theory and the evidence of mu
• Chapman v. United States
  553 F.2d 886· 5th Cir.· 1977-06-08 ·cited 85×·via Harmless Error Doctrine
  A criminal defendant's demand to represent himself pro se must be honored as timely if made before the jury is selected, absent an affirmative showing that it was a tactic to secure delay.
• United States v. Harris
  543 F.2d 1247· 9th Cir.· 1976-09-23 ·cited 85×
  The FBI must preserve original interview notes taken during criminal investigations, as these constitute potentially discoverable materials. However, the destruction of such notes in this specific case constituted harmless error.
• Jordan v. State
  143 So. 3d 335· Fla.· 2014-04-10 ·cited 84×
  The Florida Supreme Court held that a defendant has a constitutional right to be present at resentencing proceedings under Rule 3.800(a), even when a longer concurrent sentence on another count remains intact. Although the trial court erred in resentencing Jordan in his absence,
• Turner v. Dugger
  614 So. 2d 1075· Fla.· 1992-12-24 ·cited 84×
  William Thaddeus Turner was convicted of two first-degree murders and sentenced to death for one. On collateral review, Turner raised sixteen claims in a Rule 3.850 motion and three issues in a habeas corpus petition, all seeking to vacate his conviction and death sentence. The F
• United States v. Loretta Walton (89-1862)
  908 F.2d 1289· 6th Cir.· 1990-07-18 ·cited 84×
  The court held that a witness's passing, unprompted reference to a polygraph examination, followed by a curative instruction, was harmless error. It also held that the defendants did not establish a prima facie case of racial discrimination in the prosecution's use of peremptory
• Castro v. State
  547 So. 2d 111· Fla.· 1989-07-13 ·cited 84×
  Edward Castro was convicted of first-degree murder and robbery with a deadly weapon and sentenced to death. The Florida Supreme Court affirmed the convictions but vacated the death sentence and remanded for a new sentencing hearing due to evidentiary errors in the penalty phase a
• Ramirez v. State
  542 So. 2d 352· Fla.· 1989-03-16 ·cited 84×
  Joseph Jerome Ramirez was convicted of first-degree murder and sentenced to death for the Christmas 1983 murder of a Federal Express employee. The Florida Supreme Court reversed both conviction and sentence, finding that expert testimony positively identifying a knife as the murd
• United States v. Berry
  627 F.2d 193· 9th Cir.· 1980-09-08 ·cited 84×·via Harmless Error Doctrine
  The court held that the defendant's jury selection and prosecutorial misconduct claims did not warrant reversal of his conviction.
• United States v. Ruffin
  575 F.2d 346· 2d Cir.· 1978-02-27 ·cited 84×·via Harmless Error Standard
  The court held that the government's failure to issue "target" warnings did not vitiate convictions, and evidence was sufficient for corporate tax evasion convictions. However, one conviction for personal income tax evasion was reversed due to inadmissible hearsay testimony.
• Darden v. State
  306 So. 2d 581· Fla. 2d DCA· 1975-01-24 ·cited 84×·via Harmless Error Doctrine
  Convictions affirmed but general twenty-year sentence vacated and remanded for resentencing because imposing a single sentence across multiple crimes presents constitutional problems requiring apportionment between the robbery and assault convictions.
• Patriarca v. United States
  402 F.2d 314· 1st Cir.· 1968-10-14 ·cited 84×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the trial court did not abuse its discretion in denying motions for continuance and change of venue due to pretrial publicity, and that the prosecutor's statement, while improper, was harmless error under the circumstances.
• United States v. Crutcher
  405 F.2d 239· 2d Cir.· 1968-09-12 ·cited 84×·via Harmless Error Doctrine
  The court held that a defendant's absence during jury impaneling requires a remand to determine if a knowing waiver occurred, as the right to be present is fundamental and its violation is not automatically harmless error. Other claims were found to be without merit.
• Hernandez v. State
  4 So. 3d 642· Fla.· 2009-01-30 ·cited 83×
  Michael Hernandez was convicted of first-degree murder, robbery, and burglary in the death of Ruth Everett during a robbery gone wrong. The Florida Supreme Court affirmed his death sentence, rejecting multiple appellate challenges including claims regarding jury impartiality, wit
• Anderson v. State
  863 So. 2d 169· Fla.· 2003-09-25 ·cited 83×
  Fred Anderson, Jr. robbed a bank in Mount Dora, Florida on March 20, 1999, and shot two tellers—killing one and paralyzing the other. The Florida Supreme Court affirmed his convictions for grand theft of a firearm, robbery with a firearm, attempted first-degree murder, and first-
• United States v. Winkle
  587 F.2d 705· 5th Cir.· 1979-01-11 ·cited 83×·via Harmless Error Doctrine
  The court held that the defendant's arguments regarding the indictment, trial conduct, and jury impropriety were without merit or constituted harmless error, thus affirming his convictions.
• United States v. Granello
  365 F.2d 990· 2d Cir.· 1966-08-03 ·cited 83×·via Harmless Error Rule
  The court affirmed the convictions, holding that the denial of a severance motion was not prejudicial and that defendants lacked standing to suppress evidence seized from a third party.
• Alastair Kyle v. United States
  297 F.2d 507· 2d Cir.· 1961-11-29 ·cited 83×·via Harmless Error Standard
  The court held that new facts alleged in a second § 2255 motion, suggesting the government suppressed crucial correspondence, warranted an evidentiary hearing despite prior unsuccessful appeals.
• Brown v. State
  565 So. 2d 304· Fla.· 1990-03-22 ·cited 82×
  Paul Alfred Brown appeals his first-degree murder conviction and death sentence for shooting a 17-year-old girl and her friend. The Florida Supreme Court affirms both the conviction and sentence, rejecting challenges to Miranda warnings, jury selection, jury instructions, and the
• United States v. McKINNELL
  888 F.2d 669· 10th Cir.· 1989-10-27 ·cited 82×
  The court held that the warrantless search of the defendant's car was valid under exceptions for searches incident to arrest and probable cause, that possession with intent to distribute is a valid predicate offense for using a firearm during a drug trafficking crime, and that th
• United States v. Prout
  526 F.2d 380· 5th Cir.· 1976-01-26 ·cited 82×·via Harmless Error Doctrine
  The court held that the evidence was sufficient to support the conspiracy and distribution convictions, the search warrant for the premises was valid, and the government's failure to disclose all details of a witness's deal was harmless error.
• Huggins v. State
  889 So. 2d 743· Fla.· 2004-12-02 ·cited 81×
  John Steven Huggins was convicted of first-degree murder and sentenced to death for the June 10, 1997 murder of Carla Larson in Orange County, Florida. The Florida Supreme Court affirmed both the conviction and death sentence on direct appeal.
• Franqui v. State
  Fla.· 1997-06-26 ·cited 81×·via Harmless Error Review
  Leonardo Franqui was convicted of first-degree murder and other crimes in connection with an attempted armed robbery that resulted in the death of Raul Lopez. The Florida Supreme Court affirmed his convictions and death sentence, finding that while the trial court erred in admitt
• Reaves v. State
  639 So. 2d 1· Fla.· 1994-04-07 ·cited 81×
  William Reaves appeals his conviction for the murder of Deputy Sheriff Richard Raczkoski and his death sentence. The Florida Supreme Court affirmed the conviction and sentence, finding that while certain trial errors occurred, they were harmless.
• United States v. Taylor
  716 F.2d 701· 9th Cir.· 1983-09-23 ·cited 81×·via Harmless Error Doctrine
  A defendant cannot be punished for both attempt and conspiracy under 21 U.S.C. § 846 for a single course of conduct, even if elements of both are present.
• Devine v. White
  697 F.2d 421· D.C. Cir.· 1983-01-07 ·cited 81×·via Harmful Error Standard
  The Director of the Office of Personnel Management (OPM) must file petitions for judicial review of arbitrator decisions within 30 days of notice, and is not required to seek reconsideration first. Judicial review of such decisions is discretionary and limited to exceptional case
• United States v. Landis Cuber Dothard
  666 F.2d 498· 11th Cir.· 1982-01-22 ·cited 81×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the trial court improperly admitted extrinsic act evidence because it was not sufficiently similar to the charged offense and its probative value was outweighed by its prejudicial impact. The court also found insufficient evidence that the defendant committed
• Int'l AIR Indus., Inc. v. Am. Excelsior Co.
  517 F.2d 714· 5th Cir.· 1975-08-18 ·cited 81×·via Federal Rule Of Civil Procedure 61 (Harmless Error)
  The court held that the trial court did not err in refusing to direct a verdict for the plaintiff on the Robinson-Patman charge, nor in excluding certain evidence, as the plaintiff failed to demonstrate substantial impairment of competition or predatory intent.
• Mullican v. United States
  252 F.2d 398· 5th Cir.· 1958-02-26 ·cited 81×
  The court held that the admission of certain government exhibits (3 and 4) was prejudicial error because they were not properly authenticated according to statutory and rule requirements, requiring reversal.
• Hurst v. State
  18 So. 3d 975· Fla.· 2009-09-17 ·cited 80×
  Timothy Lee Hurst, convicted of first-degree murder in 1998, appeals the denial of his Rule 3.851 postconviction motion. The Florida Supreme Court affirms denial of guilt phase claims but vacates the death sentence and remands for a new penalty phase proceeding, finding trial cou
• Johnson v. Singletary
  647 So. 2d 106· Fla.· 1994-05-19 ·cited 80×
  Marvin Johnson, a death row inmate with four execution warrants signed, petitions for habeas corpus and appeals denial of his second motion for postconviction relief. The Florida Supreme Court denies his habeas petition and most postconviction claims but remands for an evidentiar
• United States v. Gonzalez-Sanchez
  825 F.2d 572· 1st Cir.· 1987-07-31 ·cited 80×
  The court held that the trial court did not err in finding a defendant breached his plea agreement, that evidence of prior crimes was largely admissible under Rule 404(b), but that evidence admitted against one defendant violated collateral estoppel and required reversal.
• United States v. Cerro
  775 F.2d 908· 7th Cir.· 1985-11-04 ·cited 80×·via Harmless Error Doctrine
  The court held that the defendant's sentence was improperly calculated based on multiple conspiracies, and that the evidence did not sufficiently prove separate conspiracies. The court also found that any error in excluding impeachment evidence was harmless.
• Burch v. State
  462 So. 2d 548· Fla. 1st DCA· 1985-01-11 ·cited 80×·via Harmless Error Analysis In Sentencing
  George Burch appeals his sentencing departure from Florida's sentencing guidelines, which imposed two concurrent five-year prison terms instead of the recommended community control or 12-30 months incarceration. The court vacated the sentence and remanded for resentencing, findin
• United States v. Zylstra
  713 F.2d 1332· 7th Cir.· 1983-08-09 ·cited 80×·via Harmless Error Doctrine
  The court held that the district court did not abuse its discretion in denying the motion for a change of venue, reinstating bail, or in sentencing the defendant, and that the defendant received effective assistance of counsel and was not prejudiced by the prosecutor's closing re
• Rivers v. United States
  400 F.2d 935· 5th Cir.· 1968-09-16 ·cited 80×
  The court held that allowing testimony regarding an out-of-court identification of the accused while he was unrepresented by counsel, even if not raised at trial, constituted a fundamental error of constitutional proportions requiring vacation of the conviction.
• Domenica v. United States
  292 F.2d 483· 1st Cir.· 1961-06-29 ·cited 80×
  The court held that the district court erred in denying the motion to vacate the conviction without determining compliance with Fed.R.Crim.P. 11 and 32(a).
• United States v. Pielago
  135 F.3d 703· 11th Cir.· 1998-02-17 ·cited 79×
  The dissenting judge argued that the government violated the defendant Varona's proffer agreement by using her immunized statement to obtain testimony from a co-conspirator about the same drug delivery she described. The judge asserted that this violation constituted plain error
• Mungin v. State
  689 So. 2d 1026· Fla.· 1995-09-07 ·cited 79×
  Anthony Mungin, sentenced to death for the murder of convenience store clerk Betty Jean Woods during a robbery, appeals his conviction and sentence. The Florida Supreme Court affirmed both the conviction and death penalty, finding sufficient evidence of felony murder despite erro
• Coleman v. State
  610 So. 2d 1283· Fla.· 1992-12-24 ·cited 79×
  Michael Coleman was convicted of four counts of first-degree murder and sentenced to death for his role in a violent robbery and home invasion that resulted in the deaths of four victims. The Florida Supreme Court affirmed his convictions and death sentences, finding no error in
• United States v. Turner
  871 F.2d 1574· 11th Cir.· 1989-05-09 ·cited 79×
  The court held that the jury instructions were accurate, the discovery violation did not prejudice the defendant, and the admission of coconspirator statements was either proper or harmless error.
• Ciccarelli v. State
  531 So. 2d 129· Fla.· 1988-09-08 ·cited 79×
  The Florida Supreme Court addressed whether appellate judges must independently read the complete trial record when evaluating harmless error claims in criminal appeals. The Court held that each appellate judge has a personal responsibility to examine the entire trial record, and
• Curtis v. State
  480 So. 2d 1277· Fla.· 1985-09-26 ·cited 79×·via Harmless Error Standard
  Curtis was convicted of aggravated assault with a deadly weapon after the trial judge responded to jury questions during deliberations without following Florida Rule of Criminal Procedure 3.410, which requires the prosecutor and defense counsel to be present. The Florida Supreme
• Starnes v. Honorable Matthew F. McGUIRE
  512 F.2d 918· D.C. Cir.· 1974-11-08 ·cited 79×·via Harmless Error Doctrine
  The court held that it lacked jurisdiction to review a transfer order after the case file was physically transferred to the transferee court, and that the transfer of Small's case to the District of Kansas was appropriate under 28 U.S.C. § 1404(a) given the factual issues involve