Harmless Error Analysis

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

• Romero v. State
  Fla. 1st DCA· 2021-04-12
  The appellate court reversed a resentencing order, finding that the trial court erred by making a factual finding that the defendant intended to kill the victim, which is a determination that must be made by a jury. The court remanded the case for resentencing, concluding the err
• Williams v. State
  Fla. 1st DCA· 2021-03-31
  The evidence was insufficient to support a conviction for first-degree murder as a principal because the State failed to prove that Williams engaged in conduct constituting 'aids,' 'abets,' 'counsels,' 'hires,' or 'procures' under § 777.011, as those terms retain their historical
• Juaquan Antonio Hall v. State
  Fla. 3d DCA· 2021-03-31
  The appellate court affirmed a juvenile offender's conviction and sentence for first-degree murder and attempted robbery. The court addressed the offender's Eighth Amendment challenges, finding that Florida's sentencing statutes for juveniles convicted of murder comply with Supre
• Roberts v. State
  Fla. 4th DCA· 2021-03-24
  A trial court abuses its discretion and commits reversible error by failing to conduct a Richardson hearing when the state fails to disclose an expert witness, particularly where the detective's testimony interpreting street language constitutes expert testimony.
• Queen v. State
  Fla. 2d DCA· 2021-03-24
  The appellate court reversed one conviction for possession of child pornography because the evidence used to identify the image as depicting a child was inadmissible hearsay. The court affirmed the remaining convictions.
• Edwards v. State
  Fla. 2d DCA· 2021-03-17
  The appellate court reversed a defendant's convictions because the trial court improperly admitted evidence of a shooting that was not charged, which was unduly prejudicial. The court found this collateral crime evidence was not necessary to explain the charged offenses of drivin
• Givanni Torrell Parks v. State
  Fla. 3d DCA· 2021-03-17
  A post-plea deposition in which a defendant testifies as a cooperating witness against a co-defendant does not constitute a critical stage of the defendant's own criminal proceedings where the denial of counsel would presumptively contaminate the entire proceeding, particularly w
• Moore v. State
  Fla. 1st DCA· 2021-02-26
  The appellate court affirmed a conviction for sexual battery and lewd molestation. The court found no error in the trial court's handling of the defendant's competency, the admission of "Williams Rule" evidence of other child molestation acts, or the exclusion of evidence under t
• Alvarez v. Sec'y, Dep't of Corr. (Brevard County)
  M.D. Fla.· 2021-01-19
  Raydel Alvarez was convicted of first-degree murder and other crimes related to a 2007 home invasion robbery, and he sought federal habeas relief arguing that his trial counsel was ineffective and the prosecutor made improper comments. The federal district court denied all nine g
• R. J. Reynolds Tobacco Co. v. Bessent-Dixon
  Fla. 1st DCA· 2021-01-15
  The appellate court reversed a trial court's judgment against R.J. Reynolds, finding that the jury instructions were flawed. The court held that to prove fraudulent concealment, the plaintiff must demonstrate detrimental reliance on a false statement, which was not adequately ins
• Davis v. State
  Fla. 2d DCA· 2021-01-15
  The appellate court reversed a conviction for delivery of marijuana to a minor, finding the trial court abused its discretion by denying a continuance when the State added a new charge on the first day of trial. The court affirmed a conviction for battery, finding the prosecutor'
• Dontrell Posey v. State
  Fla. 3d DCA· 2021-01-13
  Evidence of another person's motive to commit the charged crime is admissible under the reverse Williams rule if it would be admissible against that person if they were on trial for the present offense. The trial court erred in excluding testimony that Stokes had motive to kill t
• Tanner v. State
  Fla. 2d DCA· 2021-01-08
  The appellate court reversed Joshua Tanner's convictions for kidnapping, attempted arson, and resisting arrest. The court found that the trial court erred in denying Tanner's motion to suppress incriminating statements made to police after he had unequivocally invoked his right t
• Algiere v. State
  309 So. 3d 322· Fla. 2d DCA· 2021-01-06
  The appellate court affirmed the revocation of Roger Algiere's probation for unsupervised contact with a child but remanded for the trial court to correct the revocation order to reflect the correct probation condition violated.
• Jones v. State
  Fla. 5th DCA· 2020-12-31
  Prosecutor's comments suggesting the jury consider whether the victim deserved or needed to die were clearly improper, but the error did not constitute fundamental error requiring reversal.
• Joseph v. State
  Fla. 5th DCA· 2020-12-17
  The court held that the 'could-have-been-imposed' harmless error standard applies to scoresheet errors raised in a rule 3.800(a) motion when the vacated convictions occurred in a separate case.
• Dukes v. State
  Fla. 1st DCA· 2020-12-14
  The appellate court affirmed the trial court's denial of postconviction relief, despite the trial court improperly relying on extra-record documents. The court found the error harmless because other record documents sufficiently refuted the appellant's claim.
• Christian v. State
  Fla. 2d DCA· 2020-12-09
  The appellate court affirmed a convicted felon's conviction for possessing a firearm but reversed his sentence. The court found the trial judge erred by refusing to provide a special jury instruction defining actual and constructive possession, which was necessary for the jury to
• Costadaryll Hughley v. State
  Fla. 5th DCA· 2020-12-04
  Appellant's argument regarding the trial court's denial of his motion for judgment of acquittal was not preserved for appeal because the specific legal argument was not presented to the trial court.
• Williams v. State
  Fla. 1st DCA· 2020-11-25
  The appellate court reversed Denise Williams' conviction for first-degree murder, finding insufficient evidence that she acted as a principal. However, it affirmed her conviction for conspiracy to commit murder, holding that the evidence showed an agreement and intent to kill her
• Feagin v. State
  Fla. 2d DCA· 2020-11-25
  The appellate court reversed a defendant's convictions and sentences because the trial court erred in failing to remove a juror who belatedly disclosed a friendship with a victim. This failure to remove the juror, who was later seated on the panel, deprived the defendant of his r
• Marcel Ashley v. State
  314 So. 3d 454· Fla. 3d DCA· 2020-11-25
  Marcel Ashley appeals his convictions for armed burglary and armed robbery, challenging the trial court's decision to require his mother to take the witness stand and invoke her Fifth Amendment right in front of the jury. The appellate court agreed that this practice was improper
• Olenchak v. State
  Fla. 4th DCA· 2020-11-18
  The trial court erred in summarily denying grounds one, two, nine, and eleven of the post-conviction motion and must conduct an evidentiary hearing or attach records refuting the ineffective assistance of counsel claims involving the prosecutor's misstatement of law, counsel's er
• Riley v. State
  Fla. 1st DCA· 2020-11-16
  In this Anders appeal, the Florida First District Court of Appeal affirmed the conviction of Donald E. Riley for multiple counts of sexual battery on a child. The court upheld the trial court's admission of child hearsay statements, rejection of a Williams rule witness harmlessne
• Valentine v. State
  Fla. 4th DCA· 2020-11-12
  The trial court did not err in denying the defendant's motion to suppress the manager's eyewitness identification because the photographic lineup was neither unnecessarily suggestive nor likely to produce misidentification under the Manson test, and law enforcement complied with
• Walding v. State
  Fla. 4th DCA· 2020-11-12
  The trial court properly overruled the defendant's objections to cross-examination questions that challenged inconsistencies between his post-arrest statement and trial testimony, as the defendant did not exercise his right to remain silent by providing a statement after arrest.
• Lynch v. State
  Fla. 1st DCA· 2020-10-23
  John Lynch appeals his conviction for lewd or lascivious battery and molestation of a child, arguing that prosecutorial comments during closing argument and denial of a mistrial motion require reversal. The court affirmed the conviction, holding that the prosecutor's comments, wh
• Steen v. Comm'r of Soc. Sec.
  M.D. Fla.· 2020-09-23
  The court held that the ALJ's reason for giving Dr. Rothard's opinion partial weight was not supported by substantial evidence, requiring reversal and remand.
• Hudson v. State
  Fla. 3d DCA· 2020-09-23
  The appellate court reversed a conviction for burglary because the trial court improperly allowed the State to introduce evidence and arguments suggesting the defendant committed prior burglaries of the victim's car, despite a pretrial agreement and court order prohibiting such e
• Shaw v. State
  Fla. 2d DCA· 2020-09-11
  A trial court's requirement that a defendant wear a stun belt in the presence of the jury is error unless the court makes express and specific findings justifying the restraint. When a defendant is forced to choose between wearing an unjustified restraint or being absent from tri
• United States v. Schwarzbaum
  S.D. Fla.· 2020-08-27
  The court granted the USA's motion to alter judgment, finding a manifest error of fact regarding penalty calculations, and amended the judgment to reflect a lower penalty amount plus accrued interest and late fees.
• Gonzalez v. State
  Fla. 3d DCA· 2020-08-26
  The appellate court reversed convictions and sentences for aggravated burglary, armed kidnapping, attempted murder, and firearm possession by a felon. The court found that admitting photographs of a glove found in a van, failing to submit the felon-in-possession charge to the jur
• Jackson v. State
  Fla. 1st DCA· 2020-08-19
  A lay witness's opinion that the victim was believable based on demeanor constitutes harmless error beyond a reasonable doubt when substantial physical evidence, including DNA matching and medical evidence of trauma, independently supports the conviction. Improper prosecutorial c
• Wong v. State
  Fla. 3d DCA· 2020-08-12
  The appellate court affirmed Ivan Wong's convictions for murder and other offenses, finding no abuse of discretion by the trial court regarding the admission of evidence of a firearm's "Punisher" skull logo. The court also found any potential errors to be harmless.
• X.T. v. State of Fla. Dep't of Child. & Families
  Fla. 1st DCA· 2020-08-11
  This case involves consolidated appeals from parents challenging an order terminating their parental rights. The appellate court affirmed the termination, finding that the parents failed to preserve their primary due process claim regarding unpleaded statutory grounds for termina
• Whitfield v. State
  Fla. 1st DCA· 2020-08-07
  The appellate court affirmed a first-degree murder conviction, holding that the trial court did not err in admitting statements made by officers during interviews with the defendant. The court found that any potentially erroneous admissions were harmless given the defendant's con
• Mohamad R. Samiian, M.D. v. First Prof'ls Ins. Co., Inc.
  Fla. 1st DCA· 2020-08-07
  This case involves consolidated appeals by a retired plastic surgeon, Dr. Samiian, against his insurer (FPIC) for bad faith and against his attorneys (Johnson and Foley & Lardner) for legal malpractice. Dr. Samiian alleged that FPIC acted in bad faith by not investigating sooner
• Mohamad R. Samiian, M.D. v. First Prof'ls Ins. Co., Inc.
  Fla. 1st DCA· 2020-08-07
  This case involves consolidated appeals by a retired plastic surgeon, Dr. Samiian, against his professional liability insurer (FPIC) for bad faith and against his attorneys (Foley Defendants) for legal malpractice. Dr. Samiian alleged that FPIC acted in bad faith by not investiga
• Grant v. State
  Fla. 2d DCA· 2020-07-17
  The appellate court reversed a burglary conviction because the trial court erred by refusing to give the standard jury instruction on burglary. The standard instruction clarifies that the intent to commit an offense must be something other than burglary or trespass itself, preven
• Williams v. State
  Fla. 4th DCA· 2020-07-15
  The trial court erred in allowing the prosecutor to use dissimilar demonstrative aids (a hoodie and sunglasses worn by a female prosecutor) during closing argument because they were not substantially similar to those worn by the male shooter and therefore could not provide the ju
• Jose Baez - Ortiz v. State
  Fla. 2d DCA· 2020-07-08
  The appellate court reversed a conviction for lewd or lascivious conduct, finding that the trial court improperly admitted evidence of prior warnings and reprimands for dissimilar conduct. This evidence was deemed unfairly prejudicial and not relevant to the charged offense.
• Bullard v. Comm'r of Soc. Sec.
  M.D. Fla.· 2020-07-06
  The court affirmed the Commissioner's decision denying disability benefits because the magistrate judge's report was well-reasoned, supported by evidence, and the plaintiff failed to timely object.
• Reggie Eugene Allen v. State
  Fla. 1st DCA· 2020-06-29
  Reggie Eugene Allen appeals his convictions for sexual battery and related offenses, challenging the trial court's refusal to instruct the jury on sexual battery as a necessarily lesser included offense to capital sexual battery. The appellate court affirms, holding that sexual b
• United States v. Freddy Oswaldo Torres Castro
  11th Cir.· 2020-06-26
  Defendants adjudicated guilty before the First Step Act's enactment date are ineligible for relief under the amended statutory safety-valve provision, as the Act applies only to convictions entered on or after its enactment.
• Kalivretenos v. State
  Fla. 4th DCA· 2020-06-24
  Julie Michele Kalivretenos appeals her conviction for burglary of a dwelling, arguing that the trial court erred in allowing the State to comment on and elicit testimony regarding her post-Miranda right to silence, and that her defense counsel was ineffective for failing to objec
• Preval v. State
  Fla. 4th DCA· 2020-06-24
  The trial court did not err in denying the defendant's request to represent himself on unrelated cases, and any evidentiary errors in admitting a redacted letter, collateral bad acts evidence, and excluding jail calls during sentencing were harmless or did not constitute error.
• Butler v. State
  Fla. 1st DCA· 2020-06-11
  The appellate court affirmed a defendant's convictions and sentence for leaving the scene of a crash and reckless driving. The court held that the evidence was sufficient for the jury to determine the defendant did not "immediately stop" and that any sentencing error regarding "s
• Deangelo Marquis Woods v. State
  Fla. 1st DCA· 2020-06-08
  The appellate court affirmed a conviction for manslaughter, robbery, and burglary, holding that the trial court did not err in preventing the defendant from introducing evidence of a deceased witness's prior convictions. The court reasoned that the witness's statements, introduce
• Brown v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2020-05-28
  William Brown challenged his convictions for first-degree murder and robbery by filing a federal habeas petition claiming ineffective assistance of trial counsel under the Sixth Amendment. The District Court for the Middle District of Florida denied all nine grounds for relief, f
• Elder v. State
  Fla. 4th DCA· 2020-05-27
  The trial court abused its discretion by refusing to give a jury instruction on the presumption of reasonable fear for justifiable use of deadly force and by excluding medical testimony regarding the defendant's myasthenia gravis diagnosis, both of which were supported by evidenc