Harmless Error Analysis

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

• Amiri Talih Lundy v. State
  51 So. 3d 1171· Fla. 5th DCA· 2010-12-23 ·cited 1×
  Amiri Lundy appeals his first-degree murder conviction, arguing the trial court reversibly erred by denying his motion for mistrial after a witness made inadvertent references to a polygraph examination during cross-examination. The appellate court affirmed, holding that the isol
• Neal v. State
  50 So. 3d 96· Fla. 4th DCA· 2010-12-15 ·cited 1×
  The court held that admitting police testimony suggesting it is not unusual to fail to find a gun in armed robbery cases is inadmissible and prejudicial error.
• Emory v. State
  46 So. 3d 89· Fla. 4th DCA· 2010-09-29 ·cited 1×
  The trial court did not err in sustaining the State's objection to defense counsel's closing argument regarding the lack of fingerprints on the firearm, as the jury had already established possession in the first phase of the bifurcated trial.
• Godfrey v. Precision Airmotive Corp.
  46 So. 3d 1020· Fla. 5th DCA· 2010-09-10 ·cited 1×
  Plaintiffs appealed an order granting a new trial in their products liability case involving an allegedly defective aircraft carburetor. The court affirmed the grant of a new trial, holding that the trial court reversibly erred by admitting evidence of over 100 prior accidents in
• Mora v. State
  41 So. 3d 1107· Fla. 3d DCA· 2010-08-18 ·cited 1×
• Farinacci v. State
  29 So. 3d 1212· Fla. 4th DCA· 2010-03-17 ·cited 1×
  Richard Farinacci was charged with lewdly and lasciviously fondling a child's buttocks in a supermarket. The Fourth District Court of Appeal reversed his conviction, finding that a detective's testimony demonstrating how the child described the touching was inadmissible hearsay t
• Harris v. State
  37 So. 3d 285· Fla. 2d DCA· 2010-03-05 ·cited 1×
  Eric Shuron Harris was convicted of aggravated battery with a deadly weapon for stabbing a victim at a nightclub. The appellate court found the trial court erred in admitting the victim's testimony about what doctors told him regarding his treatment, but held the error was harmle
• Washington v. State
  18 So. 3d 1221· Fla. 4th DCA· 2009-10-07 ·cited 1×
  Randy Washington was convicted of acting as an unlicensed contractor after the State introduced a 'certificate of non-licensure' from the Florida Licensing Division. The Fourth District Court of Appeal held that this certificate was a testimonial statement subject to the Confront
• Lingebach v. State
  990 So. 2d 1213· Fla. 1st DCA· 2008-09-22 ·cited 1×
• Ochacher v. State
  987 So. 2d 1241· Fla. 4th DCA· 2008-08-13 ·cited 1×
  The court should have excluded evidence of driving on a suspended license as it was irrelevant and unduly prejudicial.
• Frizzle v. State
  982 So. 2d 1292· Fla. 4th DCA· 2008-06-11 ·cited 1×
  Richard Frizzle was convicted of manslaughter in the death of his disabled wife after the trial court reduced a felony murder charge. The appellate court reversed and remanded for a new trial because the trial court erroneously admitted irrelevant and prejudicial testimony about
• LaReginald Pressley v. State
  968 So. 2d 1039· Fla. 5th DCA· 2007-11-30 ·cited 1×
  LaReginald Pressley was convicted of lewd or lascivious molestation of a thirteen-year-old girl based primarily on the victim's testimony. The court reversed the conviction because the trial court erroneously admitted hearsay testimony from the victim's mother regarding what the
• Urquhart v. State
  967 So. 2d 397· Fla. 1st DCA· 2007-10-19 ·cited 1×
  Appellant challenged his sentence on grounds that the guidelines scoresheet was miscalculated, resulting in a sentence exceeding what the guidelines permitted. The court agreed that the scoresheet errors were not harmless because appellant's plea agreement expressly required a se
• Dorsett v. State
  941 So. 2d 587· Fla. 4th DCA· 2006-11-15 ·cited 1×
  In a criminal trial, the court reversed the conviction and remanded for a new trial because the trial court erred in denying the defendant's cause challenge to a prospective juror who could not accept the presumption of innocence and believed the defendant had to prove his own in
• Jackson v. State
  947 So. 2d 480· Fla. 3d DCA· 2006-11-08 ·cited 1×
  Jeffery Jackson appealed his first-degree murder conviction, arguing that cumulative trial errors deprived him of a fair trial. The Florida appellate court reversed and remanded for a new trial, finding that the trial court improperly restricted Jackson's testimony about his prio
• Glispy v. State
  940 So. 2d 608· Fla. 4th DCA· 2006-11-01 ·cited 1×
• Goldsmith v. State
  937 So. 2d 1253· Fla. 2d DCA· 2006-09-29 ·cited 1×
  Michael Goldsmith appeals the denial of his motion to withdraw a guilty plea and his repeated requests to represent himself pro se. The court reverses and remands, holding that the trial court committed reversible error by denying Goldsmith's unequivocal requests for self-represe
• Morrow v. State
  931 So. 2d 1021· Fla. 3d DCA· 2006-06-14 ·cited 1×
  Nathaniel Morrow appeals his conviction for possession of a firearm by a convicted felon, arguing that the trial court improperly allowed extensive evidence of an uncharged armed robbery to dominate the trial. The appellate court reverses, holding that while evidence of an inextr
• Dendy v. State
  896 So. 2d 800· Fla. 4th DCA· 2005-02-09 ·cited 1×
  Walter Dendy was convicted of second-degree murder in the killing of Leonard Houda following a sulfuric acid attack orchestrated as a murder-for-hire. On appeal, Dendy challenged the admission of his custodial statement, arguing the Miranda warning was constitutionally deficient
• Akers v. State
  890 So. 2d 1257· Fla. 5th DCA· 2005-01-21 ·cited 1×
  Anthony Akers appeals enhanced sentences imposed after his guilty plea, challenging whether the State properly served written notice of its intent to seek habitual felony offender and prison releasee reoffender sentences. The court held that timely written notice is required for
• Rickie Robinson v. State
  881 So. 2d 29· Fla. 1st DCA· 2004-07-29 ·cited 1×
  Robinson was convicted of sexual battery and lewd and lascivious conduct involving a child based on evidence of two distinct episodes. The appellate court reversed because the trial court erroneously permitted the prosecutor to argue that jurors could convict based on different d
• Ronda McPHERSON and John McPherson v. Leigh Phillips, M.D.
  877 So. 2d 755· Fla. 4th DCA· 2004-06-09 ·cited 1×
  The McPhersons appealed a defense verdict in a medical malpractice action against Dr. Phillips, raising issues regarding compliance with Florida's presuit screening requirements under Chapter 766, an allegedly improper closing argument by defense counsel, and a late motion to tax
• Great Harbour Cay Realty & Inv. Co. Ltd. v. Carnes
  862 So. 2d 63· Fla. 4th DCA· 2003-11-05 ·cited 1×
  This appeal challenges a jury verdict awarding Carnes $3 million in severance benefits based on an employment contract with a Bahamian corporation. The court reverses and remands due to evidentiary errors that prevented the defendant from fully presenting its case regarding the c
• Oneil Luis v. State
  851 So. 2d 773· Fla. 2d DCA· 2003-07-09 ·cited 1×
  Oneil Luis was convicted of cocaine possession with intent to sell near a church. The Second District reversed because the State violated discovery rules by failing to designate Officer Fields as an expert witness, and the trial court's one-hour recess remedy was insufficient to
• Dean v. State
  843 So. 2d 926· Fla. 5th DCA· 2003-03-21 ·cited 1×
  Alvin Dean was convicted of third-degree murder and aggravated assault in the shooting death of Herman Bellot. The appellate court affirmed the conviction, holding that while the trial court erred in admitting Detective Eld's testimony regarding the victim's reputation for peacef
• Autrey Shelton v. State
  831 So. 2d 806· Fla. 4th DCA· 2002-12-11 ·cited 1×
  A defendant was shackled during his armed robbery trial despite no disruptive conduct or evidence of necessity. The court reversed, holding that a defendant has a constitutional right to appear before the jury free from physical restraints except as a last resort when there is ac
• Gibson v. State
  817 So. 2d 1084· Fla. 1st DCA· 2002-06-12 ·cited 1×
  Steven Gibson appeals his two concurrent 10-year sentences for burglary and aggravated battery. The court affirmed the denial of his motion for judgment of acquittal on the burglary charge but reversed the sentences due to the trial court's failure to obtain a presentence investi
• Lewis v. Lewis
  807 So. 2d 777· Fla. 1st DCA· 2002-02-21 ·cited 1×
  Eddie G. Lewis appeals a final judgment dissolving his marriage, challenging the award of permanent periodic alimony to his former wife in the absence of a finding regarding the standard of living during the marriage. The court affirms the alimony award, relying on Klette v. Klet
• Wardell Everett v. State
  801 So. 2d 189· Fla. 4th DCA· 2001-12-05 ·cited 1×
  Wardell Everett was convicted of cocaine delivery and claimed entrapment, but the trial court excluded his testimony about a prior threat by the arresting officer to arrest him. The Fourth District reversed because the officer's threat was admissible non-hearsay evidence of the o
• A.L.H. v. State
  773 So. 2d 1192· Fla. 4th DCA· 2000-11-29 ·cited 1×
• McMILLON v. State
  745 So. 2d 566· Fla. 5th DCA· 1999-12-10 ·cited 1×
  Terry McMillon was convicted of sale of cocaine after an undercover agent purchased drugs from him and a co-defendant. On appeal, McMillon argued the trial court erred by failing to instruct the jury that the State must prove he knew the substance was cocaine. The appellate court
• Williams v. State
  779 So. 2d 314· Fla. 2d DCA· 1999-09-08 ·cited 1×
  The court held that expert testimony on battered spouse syndrome is inadmissible to prove a victim's lack of consent to sexual intercourse, as it improperly vouches for credibility and is not generally accepted for that purpose.
• Carter v. State
  737 So. 2d 626· Fla. 1st DCA· 1999-07-22 ·cited 1×
• Swain v. Singletary
  42 F. Supp. 2d 1284· M.D. Fla.· 1999-02-19 ·cited 1×
  The court held that the petitioner was not entitled to habeas corpus relief on any of his grounds, as his claims were either procedurally barred, harmless error, or not supported by the record.
• Tomlinson-McKENZIE v. Prince
  718 So. 2d 394· Fla. 4th DCA· 1998-10-14 ·cited 1×
  The trial court erred in excluding a surveillance tape as untimely because the objecting party was not prejudiced and other factors favored its admission.
• Guiseppe Lucio Scorpio v. State
  717 So. 2d 1122· Fla. 5th DCA· 1998-10-02 ·cited 1×
  The court held that while the appellant's claim regarding sentencing criteria had merit, it was not preserved for review, but the grand theft conviction must be vacated due to statutory prohibition against dual convictions for the same transaction.
• J.C. Black v. State
  695 So. 2d 459· Fla. 1st DCA· 1997-06-09 ·cited 1×
  The court held that the trial court's failure to define excusable homicide in its jury instructions for manslaughter constituted fundamental error, requiring reversal.
• Boyd v. State
  687 So. 2d 1389· Fla. 4th DCA· 1997-02-26 ·cited 1×
• Sheets v. State
  668 So. 2d 295· Fla. 1st DCA· 1996-02-20 ·cited 1×
• Pickard
  666 So. 2d 579· Fla. 2d DCA· 1996-01-19 ·cited 1×
  David Pickard was convicted of criminal mischief based on circumstantial evidence including fingerprints and testimony about a blood-spattered work shirt. The Florida District Court of Appeal reversed and remanded for a new trial, finding that admission of testimony about the shi
• Price v. Rizzuti
  661 So. 2d 97· Fla. 4th DCA· 1995-09-06 ·cited 1×
  The Fourth District Court of Appeal reversed a judgment in a motor vehicle accident liability case, holding that a traffic officer improperly testified to statements made by the defendant regarding where he made a U-turn, which statements were confidential under Florida law and i
• Bransfield v. State
  657 So. 2d 1191· Fla. 5th DCA· 1995-05-26 ·cited 1×
  Bransfield appeals the trial court's denial of his motion to correct an illegal sentence following probation revocation. The court affirmed the 4½ years imprisonment plus 10 years probation as a legal sentence for the firearms charge, though it modified the judgment to clarify th
• T.E. v. State
  643 So. 2d 122· Fla. 3d DCA· 1994-10-12 ·cited 1×
  The court held that a police officer's comment on a juvenile's right to remain silent violated the privilege against self-incrimination and constituted reversible error.
• Cuthbertson v. State
  631 So. 2d 1136· Fla. 4th DCA· 1994-02-16 ·cited 1×
• Thompson v. State
  634 So. 2d 169· Fla. 1st DCA· 1994-02-09 ·cited 1×
  The court held that admitting evidence of a defendant's refusal to provide booking information after arrest was error because it could be interpreted by the jury as a comment on the right to remain silent.
• Clark v. State
  632 So. 2d 88· Fla. 4th DCA· 1994-01-26 ·cited 1×
  Gregory Clark appeals his conviction for battery on a police officer, arguing that the trial court improperly admitted evidence of the police officer's injuries and that the prosecutor made improper credibility arguments. The court reverses the conviction and remands for a new tr
• Hernandez v. Dugger
  829 F. Supp. 372· M.D. Fla.· 1993-08-17 ·cited 1×
  The court held that a trial court's refusal to permit a criminal defendant to testify unconstitutionally impairs the defendant's right to testify, and this error is structural, not subject to harmless error analysis.
• Paulk v. State
  618 So. 2d 795· Fla. 5th DCA· 1993-05-28 ·cited 1×
  The court held that the trial court erred in giving a jury instruction on flight because the evidence did not support it, and this error was not harmless.
• United States v. Rahm
  993 F.2d 1405· 9th Cir.· 1993-05-11 ·cited 1×
  The court held that the trial court did not err in excluding the psychologist's testimony because it was not appreciably helpful to the jury and the error, if any, was harmless.
• United States v. Jerome Susskind (91-1003)
  965 F.2d 80· 6th Cir.· 1992-05-28 ·cited 1×
  The court held that the failure to produce certain grand jury transcripts and a letter concerning prosecutorial misconduct was harmless error, as there was no reasonable likelihood that their production would have affected the verdict.