Harmless Error Analysis

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

• Suber v. State of Del.
  Del.· 2026-01-15
  Ronald Suber was convicted of first-degree murder and related charges in the killing of Anna Hurst. On appeal, the Delaware Supreme Court found that the State improperly elicited indirect hearsay evidence regarding a non-testifying witness's photo lineup identification, violating
• Malley v. State
  Fla. 4th DCA· 2026-01-14
  A conviction for culpable negligence under Florida Statute § 784.05(2) (first-degree misdemeanor) cannot stand when jury instructions fail to require proof of actual injury and no evidence of actual injury was presented.
• Holmes v. State
  Fla. 4th DCA· 2026-01-07
  The trial court's imposition of $200 prosecution costs and $25 investigation costs without the defendant's consent or the State's request was erroneous and must be reversed, leaving only the statutory-minimum $100 prosecution cost; the habitual felony offender designation was pro
• Anady v. State
  Fla. 1st DCA· 2025-12-23
  The Constitution requires that a jury be instructed that the State must prove the defendant's guilt beyond a reasonable doubt, and failure to do so is structural error; however, neither instruction on the presumption of innocence nor a definition of reasonable doubt is constituti
• Kissy Terice Jovan Mackey v. State
  Fla. 5th DCA· 2025-12-12
  The trial court abused its discretion by admitting a videotaped police interrogation in which detectives repeatedly expressed their personal opinions about the defendant's guilt and credibility without eliciting relevant responses, thereby improperly allowing the State to present
• Warren v. State
  Fla. 5th DCA· 2025-12-05
  A trial court's failure to amend all sentencing documents to reflect its own ruling striking an unpronounced fine and surcharge constitutes non-harmless error requiring remand for correction.
• Moore v. State
  Fla. 5th DCA· 2025-12-05
  Any error in having the judge determine the underlying facts for Habitual Violent Felony Offender designation under Florida Statutes section 775.084(1)(b) was harmless error.
• Pitts v. Mississippi
  U.S.· 2025-11-24
• Robinson v. State
  Fla. 4th DCA· 2025-11-12
  The trial court did not abuse its discretion in excluding evidence of a prior domestic dispute between the victim and girlfriend as insufficiently relevant to establish motive, nor in admitting evidence of the defendant's recent jail release as inextricably intertwined with the c
• Germaine Williams v. State
  Fla. 5th DCA· 2025-10-31
  When a trial court summarily denies a Rule 3.850 ineffective assistance of counsel claim, it must attach to its order the portions of the record that conclusively refute the defendant's claims, or alternatively hold an evidentiary hearing; summary denial without such attachments
• Gibson v. State
  Fla. 3d DCA· 2025-10-29
  A trial court must enter a written probation revocation order specifying the evidence and reasons for revocation, and must make mandatory written dangerousness findings under section 948.06(8) before sentencing a violent felony offender of special concern; failure to comply requi
• Jasper v. State
  Fla. 2d DCA· 2025-10-17
  A bailiff's unauthorized ex parte communication with a juror outside the context of jury deliberations requesting additional instructions or testimony does not constitute per se reversible error under State v. Merricks and must be analyzed under harmless-error principles, requiri
• Patel v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2025-10-14
  The court held that the petitioner failed to show that the state appellate court's denial of his ineffective assistance of counsel claim was objectively unreasonable.
• Ty-ree Dixon v. State
  Fla. 3d DCA· 2025-10-01
  An unpreserved error of providing a jury with an out-of-evidence stipulation regarding a defendant's prior felony conviction does not constitute fundamental error requiring reversal where the defendant made no contemporaneous objection or motion for new trial and the evidence of
• Rodriguez-Barnes v. State
  Fla. 1st DCA· 2025-09-10
  The trial court did not abuse its discretion in giving the standard jury instruction on abnormal mental condition because the instruction accurately stated the law, the facts supported it, and it was necessary to prevent juror confusion about whether mental condition evidence cou
• Hernandez v. Soc. Sec.
  S.D. Fla.· 2025-09-04
  The court held that the ALJ's determination of the plaintiff's residual functional capacity was not supported by substantial evidence, requiring remand.
• Larson v. Sec'y, Fla. Dep't of Corr.
  M.D. Fla.· 2025-09-03
  The court held that the state court's denial of the habeas petition was reasonable, as the applicant failed to demonstrate ineffective assistance of counsel or prejudice under AEDPA standards.
• Avalos v. State
  Fla. 6th DCA· 2025-08-29
  Any error in imposing a sentence under section 775.084 based on a habitual felony offender designation is harmless when the record demonstrates beyond a reasonable doubt that a rational jury would have found the requisite facts.
• Moore v. State
  Fla. 3d DCA· 2025-08-27
  Any potential Erlinger error in the sentencing enhancement was harmless beyond a reasonable doubt because the State presented undisputed evidence of the defendant's prior convictions and release dates, and the defendant did not contest this evidence or the application of the enha
• Atmore v. State
  Fla. 2d DCA· 2025-08-13
  The trial court erred in denying the defendant's request for a jury instruction on resisting a merchant as a lesser included offense of robbery, but the error was harmless beyond a reasonable doubt because the jury was instructed on and rejected all immediate lesser included offe
• Camden James Stukins v. State
  Fla. 4th DCA· 2025-08-13
  A lay witness who did not personally observe an event may not testify to an opinion about that event unless the opinion is based on the witness's personal perceptions and does not require special knowledge, skill, experience, or training. The lead detective's lay opinion that the
• Estrada v. State
  Fla. 4th DCA· 2025-08-13
  Any error in applying a particular version of the sexual battery statute is harmless when the victim's testimony and other evidence is sufficient to support conviction under both the 2014 and 2022 versions of the statute.
• McCray v. State
  Fla. 1st DCA· 2025-08-13
  A trial court commits reversible error by excluding evidence of a prior violent incident when that evidence provides a plausible alternative explanation for injury evidence central to the prosecution's case and would allow the defendant to impeach key prosecution witnesses throug
• R.J. Reynolds Tobacco Co. v. Rey
  Fla. 3d DCA· 2025-07-30
  Jury instructions on Engle Phase I findings regarding fraudulent concealment and conspiracy were improper where the estate had no claims for those torts and the trial court had granted summary judgment on those claims. Engle progeny plaintiffs are entitled to Phase I findings onl
• Harris v. State
  Fla. 4th DCA· 2025-07-23
  A defendant is entitled to a jury instruction on the forcible felony self-defense doctrine when competent, substantial evidence shows he reasonably believed deadly force was necessary to prevent the imminent commission of aggravated battery. The trial court's failure to give such
• Jones v. State
  Fla.· 2025-07-10
  Michael W. Jones appeals his convictions and death sentences for murdering his wife and four children in 2019. The Florida Supreme Court affirms all convictions and sentences, rejecting Jones's challenges to the jury instruction on the avoid-arrest aggravator, the constitutionali
• Burgess v. State
  Fla. 4th DCA· 2025-07-09
  The trial court did not err in overruling defense objections to prosecutorial closing arguments because the prosecutor's statements were either fair comments on evidence presented at trial or constituted harmless error when isolated and not made a theme of closing.
• Young v. State
  Fla. 1st DCA· 2025-07-09
  The prosecutor's opening statement did not constitute fundamental error, and the trial court did not abuse its discretion in admitting ankle monitor evidence. The overwhelming evidence of guilt, including Young's own admissions, corroborating physical evidence, and surveillance f
• Rodgers v. State
  Fla. 1st DCA· 2025-07-02
  When an adversarial relationship exists between a defendant and defense counsel regarding a motion to withdraw a plea filed before sentencing, the trial court must appoint conflict-free counsel to represent the defendant unless the record conclusively refutes the defendant's alle
• Quezada Veloz v. State
  Fla. 2d DCA· 2025-07-02
  A trial court abuses its discretion by refusing to instruct the jury on a defendant's theory of defense when there is any evidence to support it, even if the trial judge doubts the merits; the jury must decide whether the defense applies.
• Rodgers v. State
  Fla. 1st DCA· 2025-07-02
  When an adversarial relationship exists between a defendant and defense counsel regarding a motion to withdraw a plea filed before sentencing, the trial court must appoint conflict-free counsel to represent the defendant unless the record conclusively refutes the defendant's alle
• Rodgers v. State
  Fla. 1st DCA· 2025-07-02
  When an adversarial relationship exists between a defendant and defense counsel regarding a motion to withdraw a plea filed before sentencing, the trial court must appoint conflict-free counsel to represent the defendant unless the record conclusively refutes the defendant's alle
• Smith v. State
  Fla. 6th DCA· 2025-06-27
  A defendant is entitled to a jury instruction on self-defense if there is any evidence to support it, no matter how weak, and the trial court must not weigh evidence or make factual determinations when deciding whether to give the instruction. A prior threat made to a defendant b
• Davonte Barnes v. State
  Fla. 3d DCA· 2025-06-25
  The trial court did not abuse its discretion in admitting the rap video "Mr. Pull Up" because it was probative of the defendant's knowledge of the violent nature of the conspiracy and contradicted his trial defense, and the court properly refused the Independent Act jury instruct
• Smith v. Sec'y, Dep't of Corr. (Duval County)
  M.D. Fla.· 2025-06-23
  Brian Keith Smith, a Florida inmate sentenced to life imprisonment for armed robbery, petitioned for federal habeas corpus relief raising eight claims, including trial court errors in allowing certain testimony and jury instruction issues, as well as several ineffective assistanc
• Acosta v. State
  Fla. 3d DCA· 2025-06-18
  Constitutional rules announced in Apprendi and Blakely do not apply retroactively to sentences that were final when those decisions issued, and claims of error under those decisions are subject to harmless error analysis.
• Del Sol v. State
  Fla. 3d DCA· 2025-06-18
  Constitutional rules announced in Apprendi and Blakely do not apply retroactively to sentences that were final when those decisions were issued, and claims of error under those standards are subject to harmless error analysis.
• Mullin v. State
  Fla. 4th DCA· 2025-06-11
  Sentencing a defendant without counsel present constitutes a complete denial of the right to counsel at a critical stage and is fundamental error requiring reversal, even if counsel was present earlier in the day. The convictions are affirmed, but the sentences are reversed and r
• Atoya Holmes v. State
  Fla. 3d DCA· 2025-06-11
  The trial court abused its discretion by permitting the State to conduct extensive cross-examination regarding a prior 2017 shooting incident that went far beyond what was necessary to correct Holmes' allegedly misleading testimony, and this error was presumptively harmful and no
• Dominiquie R. Scott v. State
  Fla. 5th DCA· 2025-06-06
  Although Erlinger may require that facts increasing the prescribed range of penalties be found by a unanimous jury beyond a reasonable doubt, any error in the trial court's HFO factual findings is harmless when the defendant's sentences remain at or below the applicable statutory
• Sheppard v. State
  Fla. 2d DCA· 2025-06-06
  Although the trial court erred in dismissing the motion as successive rather than addressing it on the merits, the error was harmless because Sheppard had two sequential qualifying prior felonies—one robbery conviction and one possession of cocaine conviction—sufficient to suppor
• Brown v. State
  Fla. 5th DCA· 2025-05-30
  Apprendi challenges to Habitual Felony Offender sentences are cognizable in Florida Rule of Criminal Procedure 3.800(a) motions, and a postconviction court must develop a sufficient record to permit harmless error analysis and preservation review.
• Burgos v. State
  Fla. 3d DCA· 2025-05-28
  The trial court's conviction was affirmed because a rational trier of fact could find all elements of the crime proven beyond a reasonable doubt, jury instructions were within the trial court's discretion, and any prosecutorial comments were not properly preserved for review.
• Castano v. State
  Fla. 3d DCA· 2025-05-14
  Communications made during family counseling with clergy are protected by the clergy communication privilege under § 90.505, Fla. Stat., when a spouse's presence is essential to furthering the counseling purpose and the communicant reasonably expected privacy outside the family u
• Peoples v. State
  Fla. 3d DCA· 2025-05-14
  A trial court does not abuse its discretion by denying a motion for mistrial when prosecutor comments during closing argument, though potentially improper, are not so prejudicial as to vitiate the entire trial or deny the defendant a fair trial.
• Universal Prop. & Cas. Ins. Co. v. Chousleb
  Fla. 3d DCA· 2025-05-07
  A trial court does not abuse its discretion in excluding cumulative witness testimony when a party seeks to recall a witness to elicit testimony already presented to the jury.
• McMath v. State
  Fla. 1st DCA· 2025-05-07
  Time limitations on voir dire do not constitute per se reversible error; instead, their reasonableness must be evaluated on a case-by-case basis considering the facts and circumstances. The trial court did not abuse its discretion in imposing a 75-minute limit where the parties h
• Castillo v. State
  Fla. 3d DCA· 2025-04-30
  A warrantless arrest for misdemeanor DUI is lawful when the arresting officer directly observes impairment and an element of the offense occurs constructively in the officer's presence through the defendant's admission, and the combined observations of multiple officers satisfy t
• Ruibens Salomon v. State
  Fla. 4th DCA· 2025-04-30
  The trial court erred in denying Salomon's cause challenge against a prospective juror who expressed the belief that children speak more credibly and honestly than adults, thereby creating a reasonable doubt as to the juror's impartiality. The failure to strike a juror for cause
• Gladston Lingo v. State
  Fla. 3d DCA· 2025-04-23
  The trial court's judgment is affirmed because appellant failed to preserve issues for appellate review by presenting specific legal arguments to the lower court.