Harmless Error Analysis

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

• Tinker v. State
  Fla. 4th DCA· 2022-06-08
  The appellate court reversed the convictions of Patricia Anne Tinker and Illya Tinker, finding that the trial court erred in two key areas: allowing a detective to identify signatures on documents and mishandling a prejudicial document that was improperly given to the jury during
• Devlin v. United States
  M.D. Fla.· 2022-05-05
  A pro se defendant's motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255 is denied because the claims are procedurally defaulted, not cognizable on collateral review, or fail to meet the Strickland standard for ineffective assistance of counsel.
• Cintron v. State
  Fla. 2d DCA· 2022-04-20
  The appellate court reversed a conviction for dealing in stolen property, finding that the trial court improperly instructed the jury on two statutory inferences. The court held that the State failed to establish the fair market value of the property and that the defendant was no
• Frye v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-04-07
  The court held that the Administrative Law Judge's (ALJ) decision denying Supplemental Security Income (SSI) was supported by substantial evidence and proper legal standards, affirming the Commissioner's decision.
• Amarnath Vedere v. Sanford
  Fla. 4th DCA· 2022-03-30
  The appellate court reviewed a medical malpractice verdict, affirming the trial court's decisions on the inclusion of a settling defendant and financial motive evidence. However, it reversed the award of non-economic damages to the decedent's daughter, finding that the closing ar
• Smith v. Sec'y, Dep't of Corr. (Pinellas County)
  M.D. Fla.· 2022-03-21
  Troy Smith challenged his convictions for capital sexual battery and lewd or lascivious molestation through a federal habeas corpus petition, asserting five grounds for relief based primarily on claims of ineffective assistance of counsel and prosecutorial misconduct. The distric
• Jamylin Jamon'e Brown v. State
  Fla. 4th DCA· 2022-03-09
  A criminal defendant's remote appearance at sentencing via video during the COVID-19 pandemic does not constitute fundamental error when the defendant did not object at trial, had a meaningful opportunity to be heard through counsel, presented all evidence and argument sought, an
• Gearheart v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-03-02
  The court held that the ALJ's failure to articulate the weight given to a consultative examiner's opinion, and the reasons therefor, constituted reversible error.
• Perez v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-02-16
  The court held that the ALJ's failure to adequately consider and discuss the medical opinions from Drs. Santos and Arroyo regarding the claimant's cognitive limitations was not harmless error.
• Berrane v. State
  Fla. 1st DCA· 2022-02-16
  The appellate court affirmed a conviction for third-degree murder and other charges, holding that a jury instruction on the justifiable use of deadly force, even if erroneous, did not constitute fundamental error. The court found the defendant's self-defense claim was weak and th
• Carson v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-02-01
  The court held that the Administrative Law Judge (ALJ) erred by failing to consider the medical opinions of Dr. Frank and Dr. Bartholomae, and this error was not harmless.
• Avsenew v. State
  Fla.· 2022-01-20
  Peter Avsenew was convicted of two first-degree murders and sentenced to death. The Florida Supreme Court reversed his convictions and ordered a new trial because the trial court violated Florida Rule of Criminal Procedure 3.190(i)(3) by allowing the defendant's mother to give pe
• Avsenew v. State
  Fla.· 2022-01-13
  Peter Avsenew appeals his convictions and death sentences for the 2010 first-degree murders of Steven Adams and Kevin Powell. The Florida Supreme Court reverses the convictions and sentences because the perpetuated testimony of Avsenew's mother, a material State witness, was obta
• Penna v. State
  Fla. 4th DCA· 2021-12-22
  After a suspect invokes Miranda rights and later reinitiates communication with police, law enforcement must specifically re-read the suspect's Miranda rights before asking questions reasonably likely to elicit incriminating responses. A statement-by-statement analysis must be ap
• Cabrera v. Macy's Fla. Stores, LLC
  S.D. Fla.· 2021-11-29
  The court held that the defendants' failure to provide a formal expert report was harmless because the plaintiffs had sufficient information to depose the expert and did not demonstrate prejudice. The court also found the expert qualified and his methodology reliable under Dauber
• Malique Gary v. State
  Fla. 2d DCA· 2021-11-24
  The appellate court reversed a conviction for third-degree murder, finding that the trial court erred by refusing to instruct the jury on the "independent act" defense. This defense allows a defendant to be exonerated if a co-felon commits a crime outside the scope of their origi
• Williams v. State
  Fla. 2d DCA· 2021-11-17
  The appellate court reversed a DUI conviction because the trial court improperly excluded evidence of a breathalyzer reading below the legal limit. The court found that this exclusion violated the defendant's right to present a defense and that the error was not harmless.
• Toiran v. State
  Fla. 3d DCA· 2021-11-17
  A trial court's error in applying an incorrect burden of proof at a Stand Your Ground immunity hearing is harmless when the jury convicts the defendant at trial by proof beyond a reasonable doubt, as the trial burden is heavier than the pretrial burden. The defendant is not entit
• Markquise Deshawn Wallace v. State
  Fla. 1st DCA· 2021-11-17
  Appellant's convictions for leaving the scene of a crash involving death must be vacated because they are lesser-included offenses of the vehicular homicide charge under section 782.071(1)(b) and thus violate double jeopardy. The remedy is to vacate the verdict of guilt as to the
• Martins v. Magical Cruise Co. Ltd.
  Fla. 5th DCA· 2021-11-11
  A cruise ship employee injured while working sued Disney Cruise Line for negligence under the maritime Jones Act and for wrongful failure to reinstate maintenance and cure benefits. The jury awarded over $3 million including punitive damages, but the appellate court struck the pu
• Magical Cruise Co. Ltd. v. Martins
  Fla. 5th DCA· 2021-11-11
  Disney appealed a jury verdict awarding a cruise ship crew member (Martins) compensatory damages, future economic damages, and punitive damages for negligence and wrongful failure to reinstate maintenance and cure benefits. The Fifth District affirmed the compensatory damages for
• Lepera v. State
  Fla. 5th DCA· 2021-10-28
  Gregory Lepera was convicted of boating under the influence manslaughter after his boat struck a dock, killing his friend. The District Court of Appeal reversed because the trial court abused its discretion in excluding expert testimony from a biomechanical engineer who would hav
• Armando Rodriguez - Olivera v. State
  Fla. 2d DCA· 2021-10-13
  The appellate court reversed a defendant's convictions for sexual battery and lewd molestation, finding that his trial counsel provided ineffective assistance. The court determined that counsel's failure to object to prejudicial evidence, including references to uncharged crimes
• Armando Rodriguez - Olivera v. State
  Fla. 2d DCA· 2021-10-13
  The appellate court reversed a defendant's convictions for sexual battery and lewd molestation, finding that his trial counsel provided ineffective assistance. The court determined that counsel's failures to object to prejudicial evidence, including references to uncharged crimes
• Alphonso Lucas v. State
  Fla. 3d DCA· 2021-10-06
  Alphonso Lucas was convicted of first-degree murder, armed burglary with assault, and aggravated animal cruelty, with lesser-included convictions for aggravated battery on attempted murder counts. On appeal, Lucas challenged evidentiary rulings, denial of a sentencing hearing, an
• Rosello v. United States
  S.D. Fla.· 2021-10-01
  The court held that the movant's claims were procedurally defaulted and that any error was harmless because the predicate offenses for his firearm convictions were inextricably intertwined with valid offenses unaffected by *U.S. v. Davis*.
• Fesh v. State
  Fla. 2d DCA· 2021-09-29
  Evidence of uncharged criminal conduct (Williams rule evidence) was improperly admitted without the required procedural safeguards, including written notice, a finding of clear and convincing evidence, and a limiting jury instruction, and such admission constitutes presumed harmf
• Trenton Nivek Lauwereins v. State
  Fla. 1st DCA· 2021-09-29
  The trial court did not abuse its discretion in excluding testimony from appellant's mother on cross-examination regarding the victim's policy never to call police, as appellant could not use cross-examination as a vehicle for presenting defensive evidence and had the opportunity
• Judon v. State
  Fla. 4th DCA· 2021-09-15
  The defendant appealed final judgments revoking his probation and imposing a combined six-year sentence, arguing for resentencing due to errors in the sentencing guidelines scoresheet. The State confessed error both in the trial court and on appeal, and the court accepted the con
• Rodriguez v. Sec'y, Dep't of Corr. (Hillsborough County)
  M.D. Fla.· 2021-09-07
  The court held that the state court did not unreasonably apply federal law or make unreasonable factual determinations regarding the suppression of statements and the admission of testimony challenged under the Confrontation Clause.
• Majors v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-03
  The court held that the ALJ failed to provide clear and adequately supported reasons for discounting the treating psychiatrist's opinion, and this error was not harmless.
• Miles v. State
  Fla. 1st DCA· 2021-08-30
  The appellate court reversed a human trafficking conviction because the trial court improperly admitted hearsay testimony regarding the victim's age. The court found the hearsay was not admissible under an exception because the state failed to prove the victim was unavailable, an
• May v. State
  Fla. 1st DCA· 2021-08-26
  The appellate court affirmed a defendant's fraud and racketeering convictions, finding no abuse of discretion by the trial court in excluding expert testimony and audit reports. The court emphasized the trial court's role as an evidentiary gatekeeper and the defendant's failure t
• Amison v. State
  Fla. 1st DCA· 2021-08-18
  Spouses Jennifer and Joseph Amison appealed convictions for financial crimes related to a charity fundraiser. The appellate court reversed some convictions due to double jeopardy violations and errors in restitution calculations, while affirming others.
• Amison v. State
  Fla. 1st DCA· 2021-08-18
  The appellate court reviewed convictions for financial crimes against a married couple, the Amisons. The court reversed some convictions due to double jeopardy violations and errors in restitution calculations, while affirming others. The case highlights the importance of distinc
• Knight v. State
  Fla. 5th DCA· 2021-08-13
  The trial court erred by failing to conduct a competency hearing following an expert evaluation, requiring remand for a competency hearing and nunc pro tunc determination. The admission of child hearsay statements was not reversible error because the defendant failed to preserve
• Gilbert v. State
  Fla. 2d DCA· 2021-08-13
  The trial court properly authenticated the Facebook message screenshots under the prima facie standard by allowing the victim to testify they accurately depicted her Facebook Messenger communications, as the messages contained the defendant's real name and profile picture, refere
• Richardson v. State
  Fla. 1st DCA· 2021-08-09
  Reginald Keith Richardson appeals his convictions for two counts of lewd and lascivious molestation, sexual battery, and kidnapping to facilitate a felony. The Florida First District Court of Appeal affirmed all convictions, rejecting arguments regarding failure to renew counsel
• Lejune Neison Christie v. State
  Fla. 4th DCA· 2021-06-30
  In a domestic violence offense case, the majority affirmed the conviction while Justice Warner dissented, arguing that multiple evidentiary errors—including admission of a 911 call as an excited utterance, hearsay testimony about other witnesses, and improper bolstering of the in
• R.J. Reynolds Tobacco Co. & Philip Morris USA, Inc. v. Myron Kaplan
  Fla. 4th DCA· 2021-06-23
  R.J. Reynolds Tobacco Company and Philip Morris USA, Inc. appeal a judgment in favor of the estate of Sheila Kaplan in a tobacco products liability case. The appellate court affirms the judgment on all five issues raised, but issues a revised opinion to specifically address and c
• Giddens v. State
  322 So. 3d 745· Fla. 1st DCA· 2021-06-22
  The appellate court affirmed a defendant's convictions for first-degree murder and attempted robbery, finding that while the prosecutor improperly asked the defendant if state witnesses were lying, this error was harmless beyond a reasonable doubt. The court determined the error
• Gilbert v. State
  Fla. 2d DCA· 2021-06-11
  The appellate court affirmed a conviction for sexual activity with a child by a person in familial or custodial authority. The court found that the trial court did not err in admitting Facebook message screenshots and that while admitting the victim's journal was an error, it was
• Thurman v. Davis
  Fla. 1st DCA· 2021-05-24
  The appellate court affirmed a trial court's judgment regarding property title and ejectment but reversed the award of attorney's fees. The court emphasized that appellants failed to provide an adequate record for review of factual issues, thus upholding the presumption of correc
• Thurman v. Davis
  Fla. 1st DCA· 2021-05-24
  The appellate court affirmed the trial court's judgment regarding property title and ejectment but reversed the award of attorney's fees. The court emphasized the appellant's failure to provide a proper trial transcript, which prevented review of factual issues.
• Thurman v. Davis
  Fla. 1st DCA· 2021-05-24
  The appellate court affirmed a trial court's judgment regarding property title and ejectment but reversed the award of attorney's fees. The court emphasized the appellant's failure to provide an adequate record for review of factual issues, while finding the attorney's fee award
• Lamberson v. State
  Fla. 2d DCA· 2021-05-07
  The appellate court found that Lamberson's appellate counsel was ineffective for failing to preserve the issue of an illegal sentence. Lamberson is granted a new direct appeal to address the retroactivity of a Supreme Court ruling on sentencing.
• Wisler Louis v. State
  Fla. 1st DCA· 2021-04-30
  The appellate court affirmed the defendant's conviction and sentences, addressing his claim that jury instructions on lesser-included offenses were improperly given. The court found that while the defendant waived instruction on lesser-included offenses, the State did not consent
• Moncadagonzalez v. State
  Fla. 4th DCA· 2021-04-28
  A defendant's right to sentencing under a correctly scored and calculated scoresheet was violated when the trial court applied an erroneous scoresheet listing the wrong primary offense and including acquitted offenses, resulting in a minimum sentence higher than what a corrected
• Lizett Alexis Allen v. State
  Fla. 4th DCA· 2021-04-21
  Lizett Allen appeals her conviction for grand theft over $20,000, challenging the trial court's exclusion of evidence regarding the purported victim's divorce and drug use. The Fourth District Court of Appeal agrees that the evidence was relevant to establish the victim's motive
• Herman v. State
  Fla. 4th DCA· 2021-04-14
  The trial court did not err in admitting the State expert's testimony on sexually motivated homicide or in denying the defendant's requested special jury instruction regarding his precluded recorded statement.