Harmless Error Analysis

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

• Vinceson Dawson v. State
  275 So. 3d 257· Fla. 4th DCA· 2019-07-10
  Multiple improper references to a narcotics search warrant targeting the defendant's residence constituted prejudicial collateral crimes evidence implying prior illegal drug activity, and curative instructions were insufficient to remedy the prejudice where the jury's deliberatio
• Alfonso v. State
  275 So. 3d 215· Fla. 3d DCA· 2019-06-26
  A show-up identification is valid despite its inherent suggestiveness when, under the totality of circumstances, the witness had adequate opportunity to view the suspect, demonstrated high attention and certainty, and the identification was made shortly after the crime. The trial
• Favian Rivera v. State
  274 So. 3d 537· Fla. 5th DCA· 2019-06-21
  A trial court violates a defendant's Sixth Amendment right to confront witnesses when it restricts cross-examination of a key prosecution witness regarding the specific details of a plea agreement, including the sentence the witness would have faced absent the deal, where such in
• Dalvon Deon Lawrence v. State
  274 So. 3d 1199· Fla. 2d DCA· 2019-06-19
  Testimony from law enforcement officers regarding an inmate's out-of-court statements that the defendant confessed to him constitutes inadmissible hearsay that does not fall within the identification exception, and admission of such evidence was not harmless error where the defen
• S. Shore Condo Venture v. the 20 Condo Assoc.
  274 So. 3d 486· Fla. 3d DCA· 2019-05-29
  An order granting summary judgment on one party's standing to intervene does not constitute a final appealable order when other factually and legally related claims remain pending between the same parties.
• Dellano v. State
  274 So. 3d 485· Fla. 3d DCA· 2019-05-29
  A petition for writ of mandamus to compel a circuit court judge to rule on a motion fails when the motion has not been filed as a separate docket entry.
• Franklin v. State
  272 So. 3d 860· Fla. 2d DCA· 2019-05-29
  Franklin petitioned for relief claiming ineffective assistance of appellate counsel for failure to challenge a jury instruction on a necessarily lesser included offense (attempted voluntary manslaughter). The court denied the State's motion for rehearing, finding that controlling
• Cooley v. State
  273 So. 3d 258· Fla. 1st DCA· 2019-05-28
  Even assuming a Miranda violation occurred during the defendant's custodial interview with a child protective investigator, the error was harmless beyond reasonable doubt because the remaining evidence was extensive, consistent, and the most damaging statements from the interview
• Baldwin v. State
  Fla. 1st DCA· 2019-05-16
  Tevin Baldwin appealed his probation revocation, arguing insufficient evidence supported findings of multiple probation violations. The court affirmed the revocation based on Baldwin's commission of three new drug offenses but remanded to correct the revocation order, as the tria
• de Rubio v. State
  272 So. 3d 811· Fla. 2d DCA· 2019-05-10
  Jose Negron Gil de Rubio challenged the postconviction court's denial of his motion for habeas corpus, which was treated as a motion under Florida Rule of Criminal Procedure 3.800(a). The issue centered on whether scoresheet errors could be corrected and under which procedural ru
• Malave v. State
  269 So. 3d 669· Fla. 5th DCA· 2019-05-03
  Admission of a Child Protection Team investigator's statement from a disabled adult victim violated the Confrontation Clause because the statement was testimonial and the defendant had no prior opportunity to cross-examine the declarant. The error was harmless beyond a reasonable
• Wilcox v. State
  269 So. 3d 666· Fla. 5th DCA· 2019-05-03
  A trial court's denial of a defendant's request to substitute private counsel for court-appointed counsel constitutes structural error requiring reversal when the trial court makes no finding of bad faith and the defendant and private counsel are willing to proceed with trial as
• Calzetta v. State of Fla. & Bryan R. Holt
  14 Fla. L. Weekly 1527· Fla. 5th DCA· 2019-04-22
  A motion to modify bail on a felony charge must be heard by a court in person with the defendant present and at least three hours' notice to the state attorney, and cannot be denied without such a hearing.
• Rivera v. State
  Fla. 2d DCA· 2019-04-12
  Julian Rivera challenges his aggravated battery conviction, arguing he is entitled to a new immunity hearing under Florida's amended Stand Your Ground law. The trial court previously denied his immunity motion using the preponderance of the evidence standard, but the legislature
• Donta D. Sams v. State
  Fla. 2d DCA· 2019-04-12
  Donta Sams was convicted of attempted second-degree murder, child abuse, and shooting into a building after being tried on charges including attempted first-degree murder. Sams appeals, challenging the jury instructions for attempted manslaughter, which failed to exclude justifia
• Hahn v. Hahn
  14 Fla. L. Weekly 2435· Fla. 4th DCA· 2019-04-10
  The Florida Fourth District Court of Appeal affirmed the lower court's decisions regarding Erica and Brooke Hahn and dismissed the appeal concerning Wayne Kaplan and Wayne Kaplan, P.A. due to a pending counterclaim.
• Smith v. State
  Fla. 1st DCA· 2019-04-05
  Smith was convicted of child sex abuse and sentenced to life in prison. On appeal, Smith challenged the admission of a video-recorded interview of the child victim and a recorded jail call with the infant's mother. The court affirmed the conviction, finding both pieces of evidenc
• Green v. State
  271 So. 3d 144· Fla. 3d DCA· 2019-04-03
• Howard v. State
  273 So. 3d 169· Fla. 5th DCA· 2019-03-29
  In this workers' compensation appeal, the Florida District Court of Appeal reversed the lower court's denial of benefits to fruit pickers injured while assisting stranded motorists. The court held that the claimants' rescue efforts constituted a compensable activity under the pos
• Vereen v. State
  267 So. 3d 548· Fla. 1st DCA· 2019-03-28
  The trial court properly imposed penetration points under the Criminal Punishment Code despite no jury finding of that specific element, and the procedural due process requirements were satisfied; however, discretionary fines and surcharges that were not orally pronounced at sent
• Pitts v. State
  272 So. 3d 463· Fla. 3d DCA· 2019-03-27
  The Florida appellate court reversed a workers' compensation order that awarded a claimant tuition costs for computer training at ITT Technical Institute and 26 weeks of temporary total disability benefits, finding the award exceeded statutory limits and lacked evidentiary suppor
• Ayos v. State
  Fla. 4th DCA· 2019-03-20
  The appellate court affirmed a defendant's conviction and sentence regarding sexual penetration points, finding the issue was preserved or harmless error. However, it reversed and remanded the case for correction of illegal costs imposed by the trial court.
• USA v. Gloger
  273 So. 3d 1046· Fla. 3d DCA· 2019-03-20
  In this Engle progeny wrongful death case, the court reversed a jury verdict in favor of Kenneth Gloger, the personal representative of his wife's estate, against tobacco manufacturers Phillip Morris USA Inc. and R.J. Reynolds Tobacco Company. The reversal was based on the trial
• Ayos v. State
  Fla. 4th DCA· 2019-03-20
  The defendant appealed his conviction and sentence following a no contest plea to sexual and non-sexual crimes against a former romantic partner. The defendant challenged whether the trial court properly included 160 sexual penetration points in his sentencing scoresheet, arguing
• Doyle L. Sammons v. State
  2017 WL 836933· Fla. 2d DCA· 2019-03-01
  A trial court must renew the offer of assistance of counsel at sentencing even if the defendant previously waived counsel at trial. The failure to renew this offer at sentencing constitutes reversible error that is not harmless merely because sentencing immediately follows trial
• Domenick Grasso v. Grasso
  267 So. 3d 1050· Fla. 1st DCA· 2019-02-18
  A trial court must make specific evidentiary findings regarding availability and cost of insurance, the obligor's ability to pay, and special circumstances before ordering a party to purchase or maintain a life insurance policy to secure child support.
• J.R. v. State
  273 So. 3d 111· Fla. 3d DCA· 2019-02-13
  J.R., a juvenile, was adjudicated delinquent for cocaine possession after the trial court admitted testimony characterizing the neighborhood as having problems with narcotics sales, shootings, and stabbings. The appellate court reversed, finding the admission of this evidence imp
• Davion Sanders v. State
  263 So. 3d 288· Fla. 5th DCA· 2019-02-08
  A positive drug test does not constitute evidence that a probationer violated a condition prohibiting association with persons known to engage in criminal activity.
• S.H. v. State
  Fla. 3d DCA· 2019-01-30
  The appellate court affirmed a juvenile's adjudication of delinquency for possessing a firearm at school. The court found that the juvenile's arguments regarding the best evidence rule and the corpus delicti rule were unavailing, and that the admission of hearsay evidence was har
• Recco v. State
  264 So. 3d 273· Fla. 5th DCA· 2019-01-25
  A trial court abuses its discretion by preventing a defendant from cross-examining a key prosecution witness with prior inconsistent statements and from publishing those inconsistencies to the jury, even when the witness is a child, because the defendant's right to full and fair
• Johnson v. State
  263 So. 3d 74· Fla. 4th DCA· 2019-01-09
  Defendant appealed his sentence for armed kidnapping and robbery, challenging the trial court's denial of a downward departure motion and alleging scoresheet errors. The appellate court affirmed the denial of the downward departure but reversed and remanded for resentencing due t
• Hadassah v. Melcer
  268 So. 3d 759· Fla. 4th DCA· 2019-01-09
  Three sisters who are current distributees of an irrevocable trust challenged whether charities named as remainder beneficiaries qualify as "qualified beneficiaries" under the Florida Trust Code. The appellate court reversed the trial court's summary judgment, holding that the ch
• Clark v. State
  268 So. 3d 751· Fla. 4th DCA· 2019-01-09
  Rodney Clark was convicted of first-degree murder in a cold case from 1987 that was solved through DNA evidence. On appeal, Clark challenged the admission of a latent fingerprint card and the testimony of witnesses who did not create the original evidence. The court affirmed the
• R.D.S. v. The Dep't OF Child. & Families
  263 So. 3d 183· Fla. 3d DCA· 2018-12-31
  The Florida District Court of Appeal affirmed a trial court's adjudication that a child was dependent and denied a petition to terminate parental rights where parents struggled to properly manage their child's insulin-dependent diabetes, finding the parents' problems were due to
• Lee v. State
  Fla. 1st DCA· 2018-12-27
  A trial judge does not commit fundamental error by excluding inadmissible evidence and managing witness testimony through sidebars and questioning, even if the judge's comments demonstrate frustration with counsel, provided the judge does not assume the prosecutor's role or promp
• Hicks v. State
  262 So. 3d 846· Fla. 1st DCA· 2018-12-27
  Scott Thomas Hicks appeals his convictions for aggravated child abuse, neglect, leaving a child unattended in a motor vehicle, and child endangerment arising from leaving a young child in a truck for an hour and a half in hot weather and subsequent injuries. The court affirmed th
• Wilson v. State
  261 So. 3d 723· Fla. 1st DCA· 2018-12-18
  Kerry Wilson appeals his convictions for burglary with assault and armed robbery, challenging the trial court's decision to allow the State's expert witness to testify regarding cell phone records without proper disclosure. The court reversed and remanded for a new trial, finding
• Darrick Dorsett v. State
  15th Cir. Ct. App. Div.· 2018-12-17
  Darrick Dorsett was convicted of criminal mischief for allegedly throwing tree branches onto his neighbor's truck. On appeal, the Fifteenth Judicial Circuit Appellate Division reversed the conviction because the prosecutor mischaracterized the law during closing argument by stati
• Smith v. State
  261 So. 3d 714· Fla. 5th DCA· 2018-12-14
  The trial court erred in admitting the recorded telephone conversation in violation of Florida's wiretap statute because Smith did not consent to the recording and the record did not demonstrate he had reason to know the mother would record the call. However, the admission consti
• M.P. v. State
  259 So. 3d 938· Fla. 3d DCA· 2018-11-21
  M.P., a juvenile, was adjudicated delinquent for trespass and criminal mischief after entering a rental unit to turn on air conditioning during a dispute with the landlord's relatives. The appellate court affirmed the trespass finding but reversed the criminal mischief conviction
• Cooper v. State
  257 So. 3d 645· Fla. 1st DCA· 2018-11-20
  Allen Cooper was convicted of robbery with a firearm after admitting to robbing a bank but disputing whether he used a gun. On appeal, Cooper challenged the trial court's handling of a discovery violation regarding a Facebook post and the striking of portions of his testimony ref
• LEE v. State
  257 So. 3d 1132· Fla. 3d DCA· 2018-10-17
  Ronald Jerome Lee appeals from a trial court order that granted his motion to correct an illegal sentence but resentenced him in absentia without counsel present. The Florida District Court of Appeal, Third District, reversed and remanded for a new sentencing proceeding, holding
• Schadrac Jean Francois v. State
  Fla. 4th DCA· 2018-10-10
  Four defendants charged with felonies punishable by life imprisonment challenged their pretrial detention without bond. The trial judge found probable cause but refused to set bond without determining whether proof of guilt was evident or the presumption was great, violating the
• Anderson v. State
  257 So. 3d 355· Fla.· 2018-10-04
  Fred Anderson, Jr., a death row inmate, appealed the denial of his successive postconviction motion challenging his death sentence under Hurst v. Florida. The Florida Supreme Court affirmed the denial, holding that Anderson's unanimous jury recommendation of death satisfied Hurst
• S.B. v. State
  255 So. 3d 497· Fla. 3d DCA· 2018-09-26
  S.B., a juvenile, appealed his delinquency adjudication for strong-arm robbery. The Florida District Court of Appeal, Third District reversed, finding that the state improperly shifted the burden of proof during cross-examination by asking if S.B. had witnesses present to corrobo
• Taylor v. State
  Fla. 5th DCA· 2018-09-24
  The trial court abused its discretion in admitting evidence of Taylor's prior sexual battery on the victim's sister because the collateral crime was substantially more severe than the charged offense, the specific similarities were inadequately established at trial, and the preju
• Fuller v. State
  Fla. 5th DCA· 2018-09-24
  Fuller is entitled to a new trial because the cumulative effect of multiple evidentiary errors—admission of his refusal to submit to a voluntary blood draw, evidence suggesting sexual battery, prior drug use evidence, and disparaging statements about the prosecutor—deprived him o
• Taylor v. State
  255 So. 3d 973· Fla. 2d DCA· 2018-09-21
  The trial court abused its discretion by allowing the prosecutor to repeatedly suggest without evidentiary support that defense counsel had influenced the sole eyewitness to change his testimony regarding the nature of the object Taylor brandished. The prosecutor's improper quest
• Vantice L. Beshears v. State
  254 So. 3d 1133· Fla. 5th DCA· 2018-08-31
  The trial court erred in denying the pro se defendant's motions for appointment of an expert to evaluate an insanity defense, and this error was not harmless.
• Lightbourne v. State
  252 So. 3d 702· Fla.· 2018-08-30
  Ian Deco Lightbourne appealed the circuit court's denial of his Rule 3.851 motion seeking postconviction relief based on the Hurst v. Florida decision regarding jury requirements in capital sentencing. The Florida Supreme Court affirmed the denial, holding that prior precedent es