Harmless Error Analysis

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

• Willoughby v. State
  Fla. 5th DCA· 2020-05-21
  Charles Willoughby appealed his convictions for second-degree murder and grand theft, challenging the admission of hearsay testimony about an anonymous text message claiming he killed the victim and the trial court's instruction on principals liability. The appellate court found
• United States v. Schwarzbaum
  S.D. Fla.· 2020-05-18
  The court held that FBAR penalties are civil penalties, not fines subject to the Eighth Amendment, and recalculated the penalties based on the correct statutory interpretation.
• Jossey v. Sec'y, Fla. Dep't of Corr. (Duval County)
  M.D. Fla.· 2020-05-15
  Larry G. Jossey, Jr., an inmate proceeding without counsel, petitioned for federal habeas relief under 28 U.S.C. § 2254, challenging his state court conviction for armed robbery on eight grounds, including claims of ineffective assistance of counsel, jury instruction errors, and
• Jackson v. State
  Fla. 1st DCA· 2020-05-13
  The appellate court affirmed a robbery conviction, holding that sufficient circumstantial evidence supported the jury's verdict and that any error in waiving the defendant's presence at a sentencing hearing for a discretionary fine was harmless. The case clarifies the standard fo
• Darroll Bugg v. State
  295 So. 3d 1238· Fla. 5th DCA· 2020-05-07
  Darroll Bugg appealed his convictions for manslaughter with a firearm and aggravated battery with a firearm, arguing trial court errors including an improper prosecutorial comment during closing argument, admission of hearsay evidence regarding physical descriptions of the suspec
• Saldana v. State
  Fla. 1st DCA· 2020-05-06
  The appellate court affirmed the denial of a motion for postconviction relief, finding that the lower court did not abuse its discretion by limiting the scope of an evidentiary hearing and excluding certain testimony. The appellant argued he was denied a full and fair hearing.
• Bullington v. State
  Fla. 2d DCA· 2020-05-01
  Eric Alan Bullington was convicted of multiple sexual offenses against his minor daughter. On appeal, he challenged the trial court's erroneous admission of the victim's prior consistent statements to detectives as hearsay inadmissible under Florida law, but the appellate court f
• Jackson v. State
  Fla. 1st DCA· 2020-04-29
  This case involves a conviction for first-degree murder and sexual battery based on DNA evidence and statements made by the appellant to fellow inmates. The appellate court affirmed the conviction, finding that the prosecutor's comments during closing arguments did not constitute
• Smith v. State
  Fla. 5th DCA· 2020-04-23
  James C. Smith appeals his robbery with firearm conviction and life sentence, raising two issues: violation of his Sixth Amendment right to be present at a competency hearing and improper denial of a mistrial motion. The appellate court found the trial court violated Smith's cons
• Dubon v. State
  Fla. 4th DCA· 2020-04-22
  The convictions for first-degree murder and armed kidnapping are affirmed. The trial court did not abuse its discretion in excluding photographs of appellant in Honduras taken months before the murder as irrelevant to his alibi defense, and the prosecutor's closing argument chall
• Cruz-Cedeno v. State
  Fla. 1st DCA· 2020-04-21
  The appellate court affirmed a defendant's convictions for armed robbery and shooting a firearm, holding that the trial court did not err by admitting testimony from a special deputy U.S. marshal about his task force's focus on violent offenders. The court found this testimony wa
• Jennings v. State
  Fla. 4th DCA· 2020-04-15
  The trial court erred by allowing the lead detective to testify that he found the informant reliable in the past, constituting improper bolstering of witness credibility, and by commenting during voir dire that the rules of evidence would allow only the most reliable evidence, wh
• Kramer v. State
  Fla. 4th DCA· 2020-04-08
  When a suspect unequivocally invokes the right to remain silent during custodial interrogation, any further questioning must cease, and statements obtained thereafter are inadmissible. The trial court's denial of the suppression motion was reversed because Kramer clearly stated "
• Stanlick v. Stanlick
  Fla. 2d DCA· 2020-03-13
• Acevedo v. State
  Fla. 2d DCA· 2020-03-13
  The appellate court reversed a conviction for drug trafficking because the prosecutor misstated the law regarding the "knowledge" element of the offense during closing arguments. The court found this misstatement, which was not corrected by the trial court, was not harmless error
• Severance-Lopez v. Comm'r of Soc. Sec.
  M.D. Fla.· 2020-03-12
  The court affirmed the Commissioner's decision, finding the ALJ's determination of Plaintiff's residual functional capacity and subsequent denial of disability benefits were supported by substantial evidence and proper legal standards.
• Smith v. State
  Fla. 5th DCA· 2020-03-05
  Jonathan Smith appeals his conviction for capital sexual battery, arguing the trial court erred in admitting portions of a police interview recording containing detectives' improper comments on the victim's credibility. The court agreed that the detectives' statements invaded the
• N. J. O. v. State
  Fla. 2d DCA· 2020-02-28
  The appellate court reviewed a juvenile's conviction for attempted robbery. The court found that the juvenile's statements to police should have been suppressed because he invoked his right to counsel, and the admission of these statements was not harmless error, leading to a rev
• Quarles v. State
  Fla. 4th DCA· 2020-02-19
  When a suspect invokes the right to silence and later reinitates conversation with police, the detective must re-read the Miranda rights before commencing further interrogation; failure to do so renders any resulting confession involuntary and inadmissible.
• Alford v. State
  Fla. 2d DCA· 2020-02-12
  The appellate court reversed a conviction for attempted first-degree murder because the trial court improperly allowed evidence of the defendant's move to Pennsylvania as consciousness of guilt. The court found no sufficient nexus between the move and the crime, and the error was
• Thaddeus Martin v. State
  Fla. 3d DCA· 2020-02-12
  The appellate court affirmed a trial court's decision finding the appellant in willful and substantial violation of probation. The court also affirmed the denial of several post-conviction motions filed by the appellant, consolidating all appeals for review.
• Thaddeus Chaylon Martin v. State
  Fla. 3d DCA· 2020-02-12
  The appellate court affirmed a trial court's decision finding Thaddeus Martin in willful and substantial violation of his probation. The court also affirmed the denial of several of Martin's post-conviction motions, consolidating all appeals for review.
• Thaddeus Chaylon Martin v. State
  Fla. 3d DCA· 2020-02-12
  The appellate court affirmed a trial court's decision finding Thaddeus Martin in willful and substantial violation of his probation. The court also affirmed the denial of several of Martin's post-conviction motions, consolidating all appeals for review.
• Thaddeus Martin v. State
  Fla. 3d DCA· 2020-02-12
  The appellate court affirmed a trial court's decision finding the appellant in willful and substantial violation of probation. The court addressed multiple consolidated appeals related to the appellant's probation violation, sentence, and various post-conviction motions, finding
• Thaddeus Martin v. State
  Fla. 3d DCA· 2020-02-12
  The appellate court affirmed a trial court's decision finding Thaddeus Martin in willful and substantial violation of his probation. The court also affirmed the denial of several of Martin's post-conviction motions, consolidating multiple appeals for review.
• Moore v. State
  Fla. 4th DCA· 2020-02-05
  A confession is involuntary when police make constant offers of unspecified help, imply authority to influence criminal process, and fail to clarify the limits of their authority, thereby inducing unrealistic hope of leniency regardless of whether an express quid pro quo exists.
• Wright v. State
  Fla. 3d DCA· 2020-01-15
  The appellate court affirmed a defendant's conviction for burglary and armed robbery. The defendant argued that evidence should have been suppressed due to a pretextual traffic stop and an illegal search, and that his confession was coerced. The court found no error in the denial
• Javon Markel Franklin v. State
  Fla. 1st DCA· 2020-01-08
  The appellate court affirmed a conviction for possession of a firearm by a convicted felon. The court found that a photograph of the firearm, though placed on a seat rather than found underneath, was admissible and that the trial court properly considered the weight of the eviden
• Jakubowski v. State
  Fla. 1st DCA· 2019-12-31
  The trial court did not abuse its discretion in admitting collateral-crime evidence of a substantially similar attack to show a common scheme and intent, and any error in admitting hearsay statements from a nurse's report was harmless because the victim testified to the same info
• Wright v. State
  Fla. 1st DCA· 2019-12-23
  The appellate court affirmed the conviction of Josh Randall Wright for attempted murder and weapons offenses. The court found that even if a statement by a victim was improperly admitted, the error was harmless due to overwhelming evidence of guilt.
• Wiley v. State
  Fla. 1st DCA· 2019-12-23
  When a trial court rather than a jury finds the fact of dangerousness under section 775.082(10), the proper remedy is to remand for resentencing with instructions to either impose a nonstate sanction of up to one year in county jail or empanel a jury to make the dangerousness det
• De'Orrick Knots v. State
  Fla. 1st DCA· 2019-12-20
• Jamaal Desrosiers v. State
  Fla. 4th DCA· 2019-12-11
  A scoresheet error is harmless if the record conclusively shows the trial court would have imposed the same sentence using a correct scoresheet. Trial courts must make factual findings to impose discretionary costs and investigatory costs; investigatory costs cannot be imposed wi
• Y.N. v. State
  Fla. 3d DCA· 2019-11-27
  The appellate court reversed a juvenile's delinquency adjudication because the trial court improperly allowed the State to ask the juvenile if the arresting officer was lying. The court found this error was not harmless because the trial court did not explicitly state it disregar
• Pujol v. State
  Fla. 3d DCA· 2019-11-13
  Crystal Pujol appealed her conviction for burglary, grand theft, and criminal mischief. The appellate court affirmed her conviction, finding that while a detective's testimony stating Pujol's guilt was improper, it was harmless error, and sufficient evidence supported the crimina
• Harmon v. State
  Fla. 4th DCA· 2019-11-13
  Melody Sara Harmon appealed her probation violation sentence, challenging the accuracy of her sentencing scoresheet which listed three prior drug paraphernalia convictions when she had only two. The trial court denied her motion to correct the scoresheet error under Florida Rule
• Smith v. State
  Fla. 4th DCA· 2019-11-06
  Appellant was convicted of robbery with a deadly weapon, kidnapping while armed, and fleeing and eluding police during a supermarket robbery. On appeal, Appellant challenged the trial court's handling of an alleged discovery violation regarding maps used to illustrate his flight
• Nebergall v. State
  Fla. 4th DCA· 2019-11-06
  A trial court abuses its discretion in denying a motion for mistrial when a witness knowingly violates a pretrial in limine order by introducing highly prejudicial evidence that strikes at the heart of the defendant's defense, the violation reasonably may have materially contribu
• Washington v. State
  Fla. 1st DCA· 2019-10-21
  The trial court did not abuse its discretion in excluding defense witness testimony about the victim's prior sexual knowledge and conduct from three to four years before the incident, as the evidence was remote in time and irrelevant to the current charge. Any error in exclusion
• Jules v. Comm'r of Soc. Sec.
  S.D. Fla.· 2019-09-27
  The court affirmed the ALJ's decision, finding substantial evidence supported the determination that the claimant was not disabled.
• Turner v. State
  Fla. 5th DCA· 2019-09-19
  The court held that the trial court erred in disallowing the defendant's closing argument that the lack of fingerprint evidence constituted reasonable doubt.
• Luc Termitus, JR. v. State
  Fla. 5th DCA· 2019-09-12
  Appellant appealed the denial of a 3.800(a) motion to correct an illegal sentence after one of his two attempted robbery convictions was vacated due to a double jeopardy violation. The court reversed, holding that Appellant had an absolute right to be resentenced with a corrected
• Colon v. Comm'r of Soc. Sec.
  M.D. Fla.· 2019-08-30
  The court held that the ALJ materially misstated the record regarding the claimant's need for a cane, and these misstatements affected the ultimate conclusion, requiring reversal and remand.
• R.J. Reynolds Tobacco Co. v. Schlefstein
  Fla. 4th DCA· 2019-08-28
  Withdrawal of an affirmative defense of comparative negligence does not deprive a defendant of the right to argue that the plaintiff's actions were the sole legal cause of injury or restrict the defendant's ability to defend against the plaintiff's burden of proving addiction cau
• Alana Savell v. State
  Fla. 1st DCA· 2019-08-13
  The appellate court denied a petition challenging the denial of a motion to dismiss charges. The court found that while the trial court may have erred in applying the Best Evidence Rule, the petitioner failed to properly proffer the excluded testimony, thus preventing appellate r
• Monts v. State
  Fla. 5th DCA· 2019-08-08
  Bobbie Lee Monts appeals his felony battery conviction, challenging the admission of jail communications suggesting alibi fabrication and the trial court's limitation of cross-examination regarding the victim's deferred prosecution agreement. The court affirmed the conviction, fi
• Rios v. State
  Fla. 5th DCA· 2019-08-08
  Victoria Elizabeth Rios was convicted of first-degree murder and armed burglary following her confession to police. The appeals court reversed, finding that law enforcement violated Miranda by conducting a nine-and-a-half-hour custodial interrogation without warnings and that the
• J. S. v. State
  Fla. 2d DCA· 2019-07-31
  A trial court must conduct a full Richardson hearing when the State fails to disclose a material change in a witness's prior statement that would transform the witness from a non-percipient witness to an eyewitness regarding elements of the crime. The error in refusing to hold su
• Akeen Kadoni Paul v. State
  Fla. 1st DCA· 2019-07-22
  The appellate court affirmed the conviction and sentence of Akeen Kadoni Paul for burglary and resisting an officer. The court found no reversible error in the admission of co-conspirator statements, jury instructions, consideration of jail calls at sentencing, or the proportiona
• Levares Conyers v. State
  Fla. 4th DCA· 2019-07-17
  A trial court errs in admitting hearsay testimony from a police officer regarding accusatory information received from a non-testifying confidential informant when the only relevance is to show a logical sequence of events leading to an arrest, as the prejudicial effect outweighs