Harmless Error Analysis

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

• Cantore v. W. Boca Med. Ctr., Inc.
  Fla.· 2018-08-30
  Testimony from a subsequent treating physician regarding what he would have done under hypothetical circumstances different from those that actually occurred is irrelevant and inadmissible in medical malpractice actions because it improperly shifts the burden of proof on the caus
• Vantice L. Beshears v. State
  Fla. 5th DCA· 2018-08-27
  An indigent pro se defendant who makes a preliminary showing that sanity at the time of the offense is likely to be a significant factor at trial is entitled to appointment of an independent psychiatric expert under Ake v. Oklahoma, and the trial court's denial of such appointmen
• Antrawn D. Price v. State
  252 So. 3d 768· Fla. 4th DCA· 2018-08-08
  A Rule 3.800(a) motion fails when the appellant does not show that his sentence would have been different had he been sentenced under the prior version of the statute.
• Tyzick Joseph Wall v. State
  251 So. 3d 1014· Fla. 5th DCA· 2018-07-20
  Tyzick Joseph Wall, a juvenile offender, appeals his convictions for second-degree murder with a deadly weapon, robbery with a deadly weapon, and two counts of dealing in stolen property. The Florida District Court of Appeal, Fifth District, affirms the convictions but reverses a
• Peede v. State
  249 So. 3d 1181· Fla.· 2018-07-19
  The court held that the postconviction court properly denied the defendant's motion for relief because the Supreme Court's decision in Hurst v. Florida is not retroactive to his sentence.
• Tyzick J. Wall v. State
  Fla. 5th DCA· 2018-07-16
  A juvenile defendant convicted of second-degree murder must be resentenced when the trial court failed to require jury fact-finding on whether he actually killed, intended to kill, or attempted to kill the victim.
• Daniels v. State
  250 So. 3d 855· Fla. 2d DCA· 2018-07-13
  A trial court's complete failure to conduct a preliminary Nelson inquiry in response to a defendant's request to discharge court-appointed counsel constitutes per se structural error requiring reversal, even when stand-by counsel is appointed. The court must conduct at least a pr
• Morgan Amanda Leppert v. State
  249 So. 3d 1322· Fla. 5th DCA· 2018-07-13
  The Florida Supreme Court reversed its prior affirmance of Morgan Leppert's first-degree murder conviction, holding that Alleyne v. United States requires a jury—not the trial court—to find whether a juvenile offender actually killed, intended to kill, or attempted to kill the vi
• Morgan A. Leppert v. State
  42 Fla. L. Weekly D363· Fla. 5th DCA· 2018-07-09
  The trial court did not err in making the factual determination under section 775.082 that the defendant killed, intended to kill, or attempted to kill the victim, rather than requiring the jury to make such finding, and the trial court erred in setting judicial review eligibilit
• Gabriel v. State
  254 So. 3d 558· Fla. 4th DCA· 2018-06-27
  The trial court erred by allowing the prosecutor to mislead the jury about the "mere presence" legal standard, by allowing references to facts not in evidence, and by permitting comments that improperly criticized the defendant's exercise of his right to trial. The cumulative eff
• Cledenord v. State
  247 So. 3d 545· Fla. 4th DCA· 2018-05-23
  Although a trial court errs in applying the post-conviction standard for newly discovered evidence to a pre-trial motion for reconsideration of a suppression ruling, the error is harmless when the new evidence would not have impacted the prior suppression ruling. In pre-trial rec
• Darion Johnson v. State
  Fla. 5th DCA· 2018-05-21
  An attorney's suspension from practice based solely on failure to comply with continuing legal education requirements, when the suspension is retroactively cured within sixty days and the attorney was unaware of the deficiency at trial, does not constitute reversible error or vio
• Garrett v. State
  245 So. 3d 692· Fla. 2d DCA· 2018-05-17
  The trial court properly denied the defendant's challenges regarding admission of victim's criminal record, prosecutor's rebuttal argument, and juror admonitions. The conviction and sentence for second degree murder were affirmed because the state presented overwhelming evidence
• Webb v. State
  246 So. 3d 527· Fla. 5th DCA· 2018-05-11
  The court held that while the trial court did not explicitly conduct a full Nelson inquiry, the subsequent proceedings and the defendant's request to proceed pro se rendered any errors harmless.
• Webb v. State
  Fla. 5th DCA· 2018-05-07
  A trial court's failure to formally comply with all Nelson hearing requirements before allowing discharge of court-appointed counsel is harmless error where the court conducts an adequate inquiry into the defendant's allegations of ineffective assistance and the defendant seeks o
• R.J. Reynolds Tobacco Co. v. Davis
  245 So. 3d 929· Fla. 3d DCA· 2018-04-25
  R.J. Reynolds Tobacco Company appeals a trial court's order granting a new trial in a wrongful death tobacco case. The Florida District Court of Appeal, Third District reversed the new trial order, finding that the trial court abused its discretion because the jury's verdict show
• Musson v. State
  242 So. 3d 512· Fla. 2d DCA· 2018-04-06
  Vanessa Musson filed a petition alleging ineffective assistance of appellate counsel. The original trial conviction involved multiple crimes including simple battery, aggravated battery, kidnapping, grand theft, and armed robbery. On appeal, the appellate court reversed only the
• Jahmahree Daniel v. State
  Fla. 5th DCA· 2018-03-26
  A suspect's statement "Can I have a lawyer, man" constitutes an unequivocal request for counsel that requires immediate cessation of interrogation, and the erroneous admission of statements obtained in violation of this right is not harmless error when the confession is highly de
• Steel v. State
  244 So. 3d 1095· Fla. 4th DCA· 2018-03-14
  The circuit court properly denied the defendant's Rule 3.800(a) motion challenging the constitutionality of his first-degree murder sentence.
• Connelly v. State
  Fla. 5th DCA· 2018-03-12
  A postconviction court's summary denial of an ineffective assistance of counsel claim must be supported by a record that conclusively refutes the claim; if the attached documents lack sufficient context to evaluate the claim, the court must either attach additional records or con
• Guardado v. State
  238 So. 3d 162· Fla.· 2018-03-08
  The court held that the defendant's claims were previously rejected and therefore affirmed the denial of his motion to vacate the death sentence.
• Knight v. State
  41 Fla. L. Weekly Fed. D 1760· Fla. 1st DCA· 2018-02-19
  The Florida Supreme Court abrogated the jury pardon doctrine in Dean v. State, eliminating the rationale for treating the use of an erroneous manslaughter instruction as fundamental error requiring reversal. Alternatively, even under prior law recognizing the jury pardon doctrine
• Evander Stickney v. State
  237 So. 3d 1022· Fla. 4th DCA· 2018-02-14
  Evander Stickney appeals his felony battery conviction arising from a physical altercation with his former girlfriend, Marika Ellis. The trial court instructed the jury on Ellis's right to use self-defense, and Stickney argues this instruction was improper and misleading. The cou
• Nolley v. State
  Fla. 1st DCA· 2018-02-08
  Jeffrey R. Nolley appeals his convictions for trafficking in methamphetamine, unlawful possession of pseudoephedrine, possession of cannabis, and possession of drug paraphernalia. Nolley challenges the sufficiency of evidence for the trafficking conviction based on constructive p
• Hyre v. State
  240 So. 3d 47· Fla. 2d DCA· 2018-01-19
  The trial court erred in admitting the child victim's hearsay statements under § 90.803(23) because it failed to conduct the required factual analysis and place specific findings on the record as to each statement and the circumstances surrounding it. The error was not harmless b
• R.J. Reynolds Tobacco Co. v. Bettye Ryan
  231 So. 3d 484· Fla. 4th DCA· 2017-12-13
  R.J. Reynolds appeals a judgment against it for Thomas Ryan's chronic obstructive pulmonary disease, arguing the Surgeon General's Reports were improperly admitted and used to establish addiction and support expert testimony. The court reverses and remands for a new trial, findin
• NOH v. State
  230 So. 3d 603· Fla. 2d DCA· 2017-11-15
  The court held that the defendant's statement to police should have been suppressed because the detective failed to clarify the defendant's right to appointed counsel after the defendant made a comment indicating he did not understand this right.
• Caruthers v. State
  235 So. 3d 931· Fla. 4th DCA· 2017-11-01
  Roger Caruthers was convicted of two counts of aggravated assault with a firearm after being charged with attempted first-degree murder. The Fourth District reversed and remanded for a new trial, holding that the trial court committed per se reversible error by refusing to instru
• Doorbal v. Jones
  227 So. 3d 110· Fla.· 2017-09-20
  Noel Doorbal's death sentence is vacated because his jury voted 8-4 for death, violating the requirement established in Hurst v. State that all critical findings for death sentences must be made unanimously by the jury. The case is remanded for a new penalty phase proceeding.
• Bubb v. State
  225 So. 3d 365· Fla. 5th DCA· 2017-08-11
  William Bubb was convicted of sexual battery and lewd or lascivious molestation of a child after a jury trial. On appeal, he challenged the trial court's admission of a Child Protection Team interview video after the child victim refused to testify, claiming a Sixth Amendment con
• Kroll v. State
  221 So. 3d 1291· Fla. 1st DCA· 2017-07-20
• Baldino v. State
  225 So. 3d 257· Fla. 4th DCA· 2017-07-19
  Joseph Baldino appeals his convictions for soliciting a parent for unlawful sexual contact with a minor, transmitting child pornography, and possessing child pornography. The court affirmed the denial of his motion to suppress evidence from a search warrant but reversed his posse
• 16 199 Sarmiento v. State
  15th Cir. Ct. App. Div.· 2017-07-17
  Pablo Sarmiento appeals his DUI conviction, arguing the trial court abused its discretion by overruling hearsay objections and failing to conduct a Richardson hearing after the State elicited expert testimony from a witness not designated as an expert in discovery. The appellate
• Gutierrez-Hernandez v. State
  221 So. 3d 792· Fla. 2d DCA· 2017-07-14
  Lazaro Gutierrez-Hernandez was convicted of marijuana trafficking based partly on evidence obtained during an unlawful arrest. The Florida appellate court reversed his convictions because the trial court erred by admitting his illegally obtained inculpatory statements and his sis
• Spaulding v. State
  221 So. 3d 769· Fla. 2d DCA· 2017-06-23
  Florida appellate court affirmed a grand theft conviction and sentence despite scoresheet errors, finding them harmless because the trial court would have imposed the same sentence regardless, but remanded for entry of a corrected scoresheet.
• Brown v. State
  227 So. 3d 185· Fla. 2d DCA· 2017-05-26
  Johnnie Brown III was convicted of felony battery and challenged his conviction on the grounds that the trial court improperly excluded evidence of the victim's reputation for violence and prior acts of violence. The Florida Second District Court of Appeal reversed and remanded f
• King Knight v. State
  217 So. 3d 1194· Fla. 3d DCA· 2017-05-10
  King Knight appeals his sexual battery conviction, arguing the trial court erred by admitting the victim's testimony about seeking therapy and being unable to go out at night after the assault. The Florida District Court of Appeal affirmed, holding that Knight waived the argument
• Kizzie Shanika Styles v. State
  217 So. 3d 1042· Fla. 4th DCA· 2017-04-19
  The trial court did not abuse its discretion in excluding evidence of the victim's reputation for violence because the defendant did not assert self-defense.
• J.G. v. State
  213 So. 3d 936· Fla. 4th DCA· 2017-03-15
  J.G., a minor, appealed his conviction for misdemeanor battery and resisting arrest without violence, arguing the trial court erred by refusing to allow an audio-recorded deposition to refresh a witness's recollection. The appellate court agreed the trial court erred but affirmed
• Henderson v. State
  212 So. 3d 1098· Fla. 1st DCA· 2017-03-10
• Terrell v. State
  212 So. 3d 1047· Fla. 4th DCA· 2017-03-08
  The court held that the trial court committed reversible error by omitting the "knowledge of the presence of the substance" element from the jury instructions for selling cocaine within 1,000 feet of a park.
• Wagner v. State
  208 So. 3d 1229· Fla. 3d DCA· 2017-01-18
  The court held that the trial court erred by failing to conduct a proper Richardson hearing to inquire about the circumstances and prejudice of a discovery violation.
• Lumsdon v. State
  218 So. 3d 930· Fla. 3d DCA· 2016-12-14
  On remand following Florida Supreme Court precedent, the court reversed Willie Lumsdon's second-degree murder conviction because the trial court gave an erroneous jury instruction on manslaughter by act that the defendant timely objected to, and the State failed to demonstrate ha
• Phillips v. State
  199 So. 3d 431· Fla. 4th DCA· 2016-08-24
  The court held that even if a photographic lineup was impermissibly suggestive, its admission was harmless error when the witnesses had prior knowledge of the defendant and demonstrated high certainty in their identification.
• Bowles v. State
  198 So. 3d 1055· Fla. 4th DCA· 2016-08-17
  Ian Bowles appeals his convictions for aggravated stalking and stalking in violation of a domestic violence injunction and court orders stemming from his harassment of his ex-wife and her fiancé. The appellate court reversed the convictions, finding that the trial court erred in
• Adams v. State
  195 So. 3d 424· Fla. 4th DCA· 2016-07-27
  Adams was convicted of burglary and criminal mischief after the victim identified him from a photo lineup. The appellate court reversed because the trial court erroneously admitted hearsay testimony from a police detective that a dispatcher told him the vehicle in the victim's dr
• Dion Alan Kaseta v. State
  192 So. 3d 697· Fla. 2d DCA· 2016-06-03
  Dion Kaseta was convicted of manslaughter in the 2001 disappearance of his girlfriend Kimberly Mimmovich. The Florida District Court of Appeal reversed his conviction due to a critical evidentiary error: the trial court improperly admitted double hearsay testimony from Julie Mart
• Squire v. State
  193 So. 3d 105· Fla. 4th DCA· 2016-05-25
  Rodney Squire appeals his convictions for attempted felony murder, attempted robbery, and aggravated battery, challenging the admissibility of his confession, a victim's statement, and BOLO evidence. The Fourth District reversed on the confession and BOLO issues but affirmed on t
• Padilla v. State
  189 So. 3d 986· Fla. 2d DCA· 2016-04-01
  Hector Josué Vazquez Padilla was convicted of first-degree murder based largely on an audio recording of a police interrogation statement by Abel Garcia, who was unavailable to testify at trial. The court reversed the conviction, holding that admission of Garcia's testimonial sta
• Branden Cass v. State
  190 So. 3d 1105· Fla. 2d DCA· 2016-03-11
  The trial court did not abuse its discretion by refusing to excise a portion of a recorded statement, as cross-examination adequately addressed the detective's interrogation techniques.