Harmless Error Analysis

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

• Watkins v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-09-07
  The court affirmed the Commissioner's decision, finding the ALJ's determination that the plaintiff was not disabled was supported by substantial evidence and applied the correct legal standards.
• Dixon v. State
  Fla. 1st DCA· 2023-09-01
  An order ruling on a rule 3.800(b)(2) motion entered after the 60-day deadline is a legal nullity and must be vacated.
• Neal v. State
  Fla. 2d DCA· 2023-08-18
  Ronnie O'Neal III appealed his convictions and sentences for multiple murders and other crimes. The appellate court affirmed the judgment and sentences, finding that his arguments lacked merit, including the denial of his Stand Your Ground motion and the admission of crime scene
• Stephenson v. State
  Fla. 4th DCA· 2023-07-12
  A traffic stop was valid, evidence was properly admitted under the plain view doctrine, Miranda warnings were given before incriminating statements, a six-member jury is constitutional, and mandatory statutory fines are not unconstitutionally excessive.
• Adriaan Roderick McDonald v. State
  Fla. 4th DCA· 2023-07-12
  The trial court's admission of previously undisclosed Gmail records that directly impeached the defendant's testimony constituted procedurally prejudicial discovery violation, and the prosecutor's closing argument asserting that certain websites were "the majority of the time" us
• McCall v. State
  Fla. 1st DCA· 2023-07-05
  The appellate court reversed a conviction for aggravated battery on a pregnant woman, finding the trial court abused its discretion by refusing to allow the defense to recall a key witness for impeachment. This denial prevented the defendant from presenting crucial evidence regar
• Thomas v. State
  Fla. 2d DCA· 2023-06-23
  The appellate court reversed a misdemeanor battery conviction because the trial court improperly allowed a law enforcement officer to testify that the defendant was the primary aggressor. This testimony invaded the jury's province to decide the self-defense claim, and the error w
• Brooks v. State
  Fla. 5th DCA· 2023-06-16
  The trial court did not err in denying the defendant's motion to suppress where the arresting officer substantially complied with the arrest notification statute and the detectives did not violate the defendant's Miranda rights because he never unequivocally invoked his right to
• Luft v. Dep't of Bus. & Prof'l Reg. Fla. Real Est.
  Fla. 6th DCA· 2023-06-09
  The appellate court reviewed the denial of a real estate license application for Carrie Lynn Luft, whose license was previously revoked. The court found that the Florida Real Estate Commission erred by relying on an incorrect interpretation of the law, specifically by believing a
• Tyson v. State
  Fla. 5th DCA· 2023-05-19
  When a trial court is apprised of a discovery violation under Florida Rule of Criminal Procedure 3.220 and fails to conduct a Richardson hearing, the burden falls on the State to prove harmlessness beyond a reasonable doubt, which requires showing no reasonable possibility the vi
• Adriaan Roderick McDonald v. State
  Fla. 4th DCA· 2023-05-17
  The appellate court reversed a defendant's convictions for child pornography offenses, finding that the trial court erred by admitting previously undisclosed evidence and allowing an improper statement in closing arguments. These errors necessitated a new trial.
• Adriaan Roderick McDonald v. State
  Fla. 4th DCA· 2023-05-17
  A discovery violation occurs when the state fails to disclose evidence before trial, and harmless error is found only if an appellate court can determine beyond a reasonable doubt that the defense was not procedurally prejudiced. The trial court erred in admitting undisclosed Gma
• A.O. v. State
  Fla. 3d DCA· 2023-05-10
• A.O. v. State
  Fla. 3d DCA· 2023-05-10
  Sufficient evidence supported the juvenile's conviction, and any hearsay error in the trial court's judgment was harmless beyond a reasonable doubt.
• Gulfpoint Constr. Co., Inc. v. Westfield Ins. Co.
  M.D. Fla.· 2023-05-07
  The court held that the plaintiff's expert disclosures, though incomplete, were harmless given the defendant's opportunity to prepare and the lack of substantial prejudice, and that the experts' methodologies were sufficiently reliable under Daubert.
• Reuben James Thompson v. State
  Fla. 5th DCA· 2023-04-21
  The trial court abused its discretion by denying defendant's motion for mistrial where jurors were exposed during voir dire to a concealed carry charge that was subsequently nolle prossed as the defendant was statutorily exempt, violating the defendant's constitutional right to t
• Wells v. State
  Fla.· 2023-04-13
  William E. Wells III, serving multiple life sentences for prior murders, was convicted of first-degree murder and sentenced to death for killing fellow inmate William Chapman in a premeditated, brutal attack. The Florida Supreme Court affirmed his conviction and death sentence, r
• Cannon v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-03-30
  The court held that the ALJ's failure to identify and resolve an apparent conflict between the vocational expert's testimony and the Dictionary of Occupational Titles rendered the decision unsupported by substantial evidence, requiring remand.
• Rodriguez v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2023-03-24
  Juan Ivan Rodriguez, a state prisoner convicted of five counts of manslaughter while driving under the influence and five counts of reckless driving, filed a federal habeas petition challenging his convictions and consecutive life sentences, raising claims of ineffective assistan
• Mesa v. Citizens Prop. Ins. Corp.
  Fla. 3d DCA· 2023-03-01
  The appellate court reversed a jury verdict for an insurance company, finding that the trial court improperly admitted hearsay testimony from the company's corporate representative. This testimony, which relayed the findings of a field adjuster who did not testify, was crucial to
• Mesa v. Citizens Prop. Ins. Corp.
  Fla. 3d DCA· 2023-03-01
  A trial court reversibly errs by permitting a corporate representative to testify regarding the contents of a business record (the field adjuster's report) when that record is not admitted into evidence and the witness lacks personal knowledge of the facts. The error is not harml
• Stephenson v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-03-01
  The court held that the Administrative Law Judge (ALJ) erred by failing to adequately articulate the consideration of the supportability and consistency of a medical opinion, and this error was not harmless.
• Craig v. State
  Fla. 4th DCA· 2023-02-22
  A probation revocation based on willful failure to pay restitution is supported by competent substantial evidence when the probationer fails to make bona fide efforts to gain employment and obtain resources to pay, and any discovery violation in failing to produce medical records
• Craig v. State
  Fla. 4th DCA· 2023-02-22
• Lynesha Delores Etienne v. State
  Fla. 4th DCA· 2023-02-08
  A Richardson hearing is required when a possible discovery violation occurs, even if the violation appears unintentional or harmless, as intentionality and prejudicial effect are factors to be determined during the hearing. The trial court's failure to conduct the hearing was err
• Urel A. Barrett v. State
  Fla. 4th DCA· 2023-02-08
  The appellate court affirmed the finding that the defendant violated probation but reversed the sentence. The court held that the trial court erred by not re-offering counsel to the defendant at the sentencing hearing, as required by court rules, and that this error was not harml
• Urel A. Barrett v. State
  Fla. 4th DCA· 2023-02-08
  A trial court must renew its offer of counsel at each subsequent stage of proceedings where the defendant appears without counsel, and failure to do so before sentencing in a probation violation case is reversible error.
• Westley Deshund Brand v. State
  Fla. 6th DCA· 2023-02-03
  The appellate court affirmed a convicted felon's conviction for possessing a firearm, despite an improper argument by the prosecutor during closing arguments. The court found the prosecutor's comment, which incorrectly suggested a deputy had not been convicted of a felony, to be
• Leontyne Morris Walker v. State
  Fla. 2d DCA· 2023-01-20
  The appellate court affirmed the revocation of the appellant's probation but reversed the sentence and remanded for a new sentencing hearing. The court found the trial court erred by failing to make required written findings regarding the appellant's dangerousness as a violent fe
• Mercado v. State
  Fla. 2d DCA· 2023-01-13
  The appellate court affirmed the trial court's sentencing of Shaun Jai Mercado, finding no evidence that the judge considered impermissible post-plea misconduct when imposing sentences. The court held that even if such factors were considered, the error was harmless given the len
• Lynesha Delores Etienne v. State
  Fla. 4th DCA· 2023-01-04
  The appellate court affirmed a battery conviction, holding that while the trial court erred by not conducting a Richardson hearing to investigate a potential discovery violation, this error was harmless. The court emphasized the necessity of such hearings when discoverable eviden
• Mojicaphipps v. State
  Fla. 5th DCA· 2022-12-22
  The admission of hearsay testimony regarding drug weight from analysts lacking personal knowledge but relying on chemists' reports was harmless error because the investigating officer testified to purchasing specific quantities based on the defendant's representations. The State'
• Kellenberger v. Wal-Mart Stores E., LP
  Fla. 1st DCA· 2022-11-30
  The trial court did not abuse its discretion in allowing cross-examination about non-produced financial documents where the appellant opened the door by testifying about his inability to support his family, even though the questioning may have insinuated discovery abuse.
• Miles v. State
  Fla. 1st DCA· 2022-11-30
  The court denied a petition for ineffective assistance of appellate counsel, finding that the appellate counsel was not deficient for failing to raise meritless arguments on appeal. The arguments concerned the admissibility of collateral crime evidence and the exclusion of certai
• Chace Andrew Neer v. State
  Fla. 2d DCA· 2022-11-30
  The appellate court reversed a DUI conviction because the trial court improperly excluded two defense witnesses due to a discovery violation without considering less severe sanctions. The excluded witnesses were crucial for challenging the reliability of the breathalyzer machine
• Goldbach v. State
  Fla. 4th DCA· 2022-11-23
  The appellate court affirmed a DUI conviction, finding that while the prosecution committed "golden rule" violations during voir dire and closing arguments by asking jurors to place themselves in the defendant's position, these errors were harmless and did not deny the defendant
• Laisha L. Landrum v. State
  Fla. 2d DCA· 2022-11-09
  The appellate court reversed a resentencing court's determination that the appellant intended to kill the victim, finding the lower court erred by making this finding itself rather than relying on a jury determination. The case highlights the requirement for jury findings on aggr
• Rawe v. Abram LEE Coleman
  Fla. 2d DCA· 2022-11-09
  The appellate court reversed a jury verdict for the defendant, finding that the trial court erred by preventing the plaintiff from impeaching a witness with a "Root Cause Analysis" report. The court held that the report was not protected by the accident report privilege and that
• Ramsdell v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-11-04
  The court held that the ALJ failed to adequately articulate the reasons for discounting a treating physician's opinion, requiring remand.
• D.B. v. Agency for Persons With Disabilities
  Fla. 5th DCA· 2022-10-14
  The Agency failed to meet its burden of proving ineligibility by preponderance of evidence, and the hearing officer's decision was not supported by competent substantial evidence due to reliance on a nonexistent FSIQ score and improper shifting of the burden of proof.
• Bresnahan v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-09-20
  The court held that the ALJ properly considered vocational expert testimony and residual functional capacity limitations, and that the plaintiff's objections were without merit.
• Beard v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-09-19
  An ALJ commits reversible error at step two of the sequential evaluation process by failing to mention or weigh medical opinions regarding the severity of a claimant's impairments, particularly where those opinions contradict the ALJ's finding of no medically determinable impairm
• Davis v. State
  Fla.· 2022-09-08
  The erroneous denial of a legally sufficient motion to disqualify a trial judge for alleged bias or prejudice is subject to harmless error review under the DiGuilio standard, not per se reversal. However, applying the DiGuilio test—which requires the State to prove beyond a reaso
• Kirkpatrick v. State
  Fla. 1st DCA· 2022-08-24
  The appellate court affirmed the denial of Lance E. Kirkpatrick's postconviction motion, which alleged ineffective assistance of counsel. The court found that Kirkpatrick failed to demonstrate prejudice from his counsel's alleged errors, and therefore, his claims did not warrant
• Darius Mitchum v. State
  Fla. 1st DCA· 2022-08-17
  The appellate court affirmed a conviction for armed robbery, holding that the trial court did not err in allowing the state to call a witness primarily to impeach him with prior inconsistent statements. Even if there was error, it was harmless due to overwhelming evidence of guil
• Woodward v. State
  Fla. 1st DCA· 2022-08-10
  Probation revocation is affirmed where competent, substantial evidence supports multiple grounds for violation, but findings regarding monetary conditions must be stricken if the trial court failed to determine the probationer's ability to pay before finding a willful violation.
• Bowles v. Comm'r of Soc. Sec.
  S.D. Fla.· 2022-08-04
  The court held that the ALJ's error in failing to resolve conflicts between the claimant's RFC and the DOT description for commercial cleaner was not harmless, requiring remand.
• Kohler v. State
  Fla. 4th DCA· 2022-07-27
  The appellate court affirmed a DUI conviction, finding that while the trial court erred by admitting a deputy's testimony about a victim's out-of-court identification, this error was harmless due to other strong evidence presented.
• Williams v. State
  Fla. 2d DCA· 2022-07-01
  The appellate court reviewed a lower court's denial of a motion to correct an illegal sentence. The court affirmed the denial of one motion but reversed the denial of another, finding that the defendant's sentence was improperly reclassified without a clear jury finding of weapon
• Alvarez-Rodriguez v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-06-15
  The court affirmed the Commissioner's decision, finding that the ALJ's determination of the plaintiff's limited education and ability to communicate in English was supported by substantial evidence, and any error in failing to elaborate on these findings was harmless.