Harmless Error Analysis

4,441 Florida cases classified under this topic, plus 2,602 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Plott v. State
  148 So. 3d 90· Fla.· 2014-09-18 ·cited 78×
  The Florida Supreme Court held that a motion to correct an illegal sentence under Rule 3.800(a) is an appropriate vehicle to challenge upward departure sentences on Apprendi and Blakely grounds. The Court resolved a conflict between district courts, holding that unconstitutionall
• Nixon v. Singletary
  758 So. 2d 618· Fla.· 2000-01-27 ·cited 78×
  Joe Elton Nixon, a death row inmate, challenged his conviction for first-degree murder, claiming his trial counsel provided ineffective assistance by admitting his guilt during opening and closing arguments without his consent. The Florida Supreme Court held that such guilt admis
• United States v. Carlo Scott Bagley
  772 F.2d 482· 9th Cir.· 1985-07-09 ·cited 78×
  The court held that the district court abused its discretion in denying the motion in limine to preclude impeachment with prior robbery convictions, but the error was harmless. The court also held that the warrantless seizure of the getaway car was lawful under the automobile exc
• Abrams v. Paul
  453 So. 2d 826· Fla. 1st DCA· 1984-06-12 ·cited 78×·via Harmless Error Rule
  This appeal involves a default judgment and jury verdict in a suit arising from the sale of a stolen truck. The court affirmed the default and damages verdict on most points but reversed and remanded regarding whether defendants received timely notice of trial, holding that the t
• Palmes v. Louie L. Wainwright
  725 F.2d 1511· 11th Cir.· 1984-02-17 ·cited 78×·via Harmless Error Doctrine
  The court held that the appellant's confession was voluntary and admissible, and that his claims of ineffective assistance of counsel were without merit.
• United States v. Toliver
  541 F.2d 958· 2d Cir.· 1976-09-02 ·cited 78×·via Harmless Error Doctrine
  The court held that a variance between the indictment charging a single conspiracy and proof of multiple conspiracies is not fatal if it does not affect the substantial rights of the accused, and that a defendant's absence from trial due to illness, while a constitutional violati
• United States v. Odell Marshall
  526 F.2d 1349· 9th Cir.· 1975-10-31 ·cited 78×·via Harmless Error Standard
  The court held that the district court did not err in denying motions to enjoin tax levies, for return of property, for dismissal or alternative funds, for extensive discovery, to suppress evidence seized incident to arrest, or to disclose informant identities, and that the searc
• McCRAY v. State
  919 So. 2d 647· Fla. 1st DCA· 2006-01-26 ·cited 77×·via Harmless Error Review
  The trial court committed reversible error by excluding evidence proffered to refresh a witness's recollection and for impeachment purposes.
• Snelgrove v. State
  921 So. 2d 560· Fla.· 2005-11-10 ·cited 77×·via Harmless Error Standard
  David Snelgrove was convicted of two counts of first-degree murder and other crimes and sentenced to death. The Florida Supreme Court affirmed the guilt-phase convictions but reversed the death sentences because the jury rendered a single, undifferentiated advisory sentence rathe
• Mills v. Moore
  786 So. 2d 532· Fla.· 2001-04-12 ·cited 77×
  Gregory Mills, a death row inmate, petitioned for habeas corpus relief arguing that Florida's capital sentencing scheme violates the Apprendi decision requiring jury findings on facts increasing penalties, and that his jury override was arbitrarily applied under Tedder. The Flori
• Allen v. State
  662 So. 2d 323· Fla.· 1995-07-20 ·cited 77×
  Lloyd Chase Allen was convicted of first-degree murder and grand theft of an automobile in the death of Dortha Cribbs in Florida. On appeal to the Florida Supreme Court, Allen challenged various evidentiary and procedural issues, including the admission of victim-related testimon
• Erickson v. State
  565 So. 2d 328· Fla. 4th DCA· 1990-06-13 ·cited 77×
  Daniel Ray Erickson was convicted of indecent assault on a child under sixteen following a bench trial and sentenced to fifteen years. On appeal, the Fourth District affirmed the conviction but vacated and remanded for resentencing due to errors in the sentencing guidelines score
• Bartelmy Harris v. State
  544 So. 2d 322· Fla. 4th DCA· 1989-06-07 ·cited 77×
  Harris was convicted of possession of cocaine with intent to sell based partly on hearsay testimony from a police officer regarding statements made by a juvenile confidential informant identifying Harris as a drug supplier. The court reversed, holding that the informant's stateme
• Hall v. State
  541 So. 2d 1125· Fla.· 1989-03-09 ·cited 77×
  Freddie Lee Hall, a death row inmate, challenged his death sentence on the ground that his sentencing proceeding violated the Supreme Court's ruling in Hitchcock v. Dugger by limiting consideration to only statutory mitigating circumstances. The Florida Supreme Court reversed, fi
• Stephens v. Kemp
  846 F.2d 642· 11th Cir.· 1988-04-22 ·cited 77×
  The court held that a jury instruction creating a presumption of intent is unconstitutional but the error was harmless because the defendant raised self-defense, thereby conceding the intent to kill, and alternatively, the evidence of intent was overwhelming. The court also held
• Scott v. State
  508 So. 2d 335· Fla.· 1987-06-11 ·cited 77×
  The Florida Supreme Court clarified when a trial court's statement that a recommended sentencing guideline is insufficient can serve as a reason for departing from those guidelines. The court held that such a statement, on its own, is never a valid reason for departure but can se
• Tucker v. Kemp
  762 F.2d 1496· 11th Cir.· 1985-05-31 ·cited 77×
• Victorino v. State
  23 So. 3d 87· Fla.· 2009-11-25 ·cited 76×
  Troy Victorino was convicted of six counts of first-degree murder and sentenced to death for four of those murders in connection with a brutal home invasion and killing spree in August 2004. The Florida Supreme Court upheld his convictions and death sentences, rejecting constitut
• Smith v. State
  866 So. 2d 51· Fla.· 2004-01-29 ·cited 76×
  Lawrence Joey Smith was convicted of first-degree murder and attempted first-degree murder and sentenced to death. The Florida Supreme Court affirmed the convictions and the life sentence for attempted murder, but remanded for resentencing on the murder conviction because the tri
• Francis v. Dugger
  908 F.2d 696· 11th Cir.· 1990-07-24 ·cited 76×
  The court affirmed the denial of the writ of habeas corpus, finding that while the state committed Brady/Giglio violations and a confrontation clause error, these were harmless beyond a reasonable doubt, and counsel's assistance was not ineffective.
• State v. LEE
  531 So. 2d 133· Fla.· 1988-09-01 ·cited 76×
  The Florida Supreme Court held that erroneous admission of evidence regarding collateral crimes requires reversal when the state fails to demonstrate beyond a reasonable doubt that the error did not affect the jury verdict, even if other evidence of guilt is overwhelming. The Cou
• United States v. Vicente Meneses-Davila
  580 F.2d 888· 5th Cir.· 1978-09-25 ·cited 76×·via Harmless Error Doctrine
  The court held that the prosecutor's repeated comments on the defendant's post-arrest silence, used to impeach his trial testimony, constituted reversible error because the error was not harmless beyond a reasonable doubt.
• United States v. Quintana
  508 F.2d 867· 7th Cir.· 1975-01-13 ·cited 76×·via Harmless Error Doctrine
  The court affirmed convictions for Suarez and Alonso, but reversed Quintana's conviction due to insufficient evidence. The court found wiretap evidence admissible despite some procedural issues, applied the harmless error doctrine to illegally obtained evidence, and rejected clai
• United States v. McCORD
  509 F.2d 334· D.C. Cir.· 1974-12-12 ·cited 76×·via Harmless Error Rule
  The court held that while some trial errors occurred, they were not sufficiently prejudicial to warrant reversal given the strong evidence of guilt.
• WAY v. State
  67 So. 2d 321· Fla.· 1953-07-31 ·cited 76×·via Harmless Error Doctrine
  Charlie Way and Essie Way were convicted of theft after a jury trial. The Florida Supreme Court reversed their convictions, holding that the prosecutor's remarks to the jury impermissibly commented on their failure to testify, violating Florida Statute § 918.09, and that the harm
• United States v. Beale
  921 F.2d 1412· 11th Cir.· 1991-01-28 ·cited 75×
  The court held that the admission of Roberts' statement violated Bruton, requiring a new trial for Gilbert, but affirmed other convictions and evidentiary rulings.
• Kinchen v. State
  531 So. 2d 133· Fla.· 1988-09-08 ·cited 75×
• United States v. James ("Jake") Rohrer
  708 F.2d 429· 9th Cir.· 1983-05-25 ·cited 75×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the defendants' convictions for drug offenses were supported by sufficient evidence and that no reversible errors occurred during the trial.
• Clark v. State
  336 So. 2d 468· Fla. 2d DCA· 1976-07-28 ·cited 75×·via Harmless Error Doctrine
  Clark appeals his conviction for breaking and entering with intent to commit grand larceny based on improper testimony by an arresting officer that referenced Clark's invocation of his Miranda rights and refusal to make statements. The court affirmed the conviction, holding that
• Coppolino v. State
  223 So. 2d 68· Fla. 2d DCA· 1968-11-08 ·cited 75×
  Carl Coppolino was convicted of second-degree murder in the poisoning death of his wife Carmela, despite being charged with first-degree murder. The appellate court affirmed the conviction, finding that novel forensic evidence detecting succinylcholine chloride was admissible, th
• State v. Alfredie Steele
  921 So. 2d 538· Fla.· 2005-10-12 ·cited 74×
  Florida Supreme Court addressed whether trial courts may require pre-trial notice of aggravating factors and jury determinations on specific aggravating circumstances in capital sentencing. The Court held that pretrial notice is permissible judicial discretion, but requiring jury
• McArthur Breedlove v. State
  692 So. 2d 874· Fla.· 1997-03-13 ·cited 74×
  McArthur Breedlove, a death row inmate, appealed the denial of his second rule 3.850 postconviction motion claiming ineffective assistance of counsel during the penalty phase of his 1979 first-degree murder trial. The Florida Supreme Court affirmed the trial court's denial, findi
• Capehart v. State
  583 So. 2d 1009· Fla.· 1991-06-13 ·cited 74×
  Gregory Capehart was convicted of burglary and first-degree murder in the 1988 killing of Marlene Reeves in Dade City, Florida. The Florida Supreme Court affirmed his convictions and death sentence but vacated the burglary sentence for resentencing under sentencing guidelines.
• Griffin v. State
  526 So. 2d 752· Fla. 1st DCA· 1988-06-03 ·cited 74×
  Donald Griffin was convicted of lewd assault on a child based primarily on a four-year-old victim's testimony and out-of-court statements. The Florida appellate court reversed and remanded for a new trial, finding the trial court erred in determining the child's competency to tes
• Sampson Armstrong v. Dugger
  833 F.2d 1430· 11th Cir.· 1987-11-23 ·cited 74×
  The court held that counsel's failure to investigate and present mitigating evidence constituted ineffective assistance, warranting habeas relief, but reversed the district court's finding of a due process violation based on the timing and length of the sentencing proceeding.
• United States v. Porter
  764 F.2d 1· 1st Cir.· 1985-05-14 ·cited 74×
  The court held that post-arrest statements obtained after a suspect invoked their right to counsel, without the suspect initiating further communication, are inadmissible. The court also held that the procuring agent theory is not a valid defense under current drug distribution s
• Hall v. Louie L. Wainwright
  733 F.2d 766· 11th Cir.· 1984-05-16 ·cited 74×
  The court held that a defendant may waive their right to be present at critical stages of a capital trial, and the specific circumstances of the defendant's absence during voir dire require further inquiry into knowing and voluntary waiver.
• United States v. Stratton
  649 F.2d 1066· 5th Cir.· 1981-07-06 ·cited 74×·via Harmless Error Doctrine
  The court held that the indictment was sufficient and the Third Judicial Circuit could constitute a RICO enterprise, but reversed convictions for defendants Harrell and Stratton due to an unconstitutional change of venue. The court also reversed convictions for all defendants due
• United States v. Drebin
  557 F.2d 1316· 9th Cir.· 1977-07-21 ·cited 74×·via Harmless Error Doctrine
  The court held that while the search warrant was overly broad and authorized an unlawful general search, the admission of the seized evidence was harmless error beyond a reasonable doubt. The court also found sufficient evidence to sustain convictions for copyright infringement,
• Morrissey v. Nat'l Mar. Union OF Am.
  544 F.2d 19· 2d Cir.· 1976-06-24 ·cited 74×·via Harmless Error Doctrine
  The court held that the submission of the § 101(a)(5) claim under the Landrum-Griffin Act was improper and not harmless error, requiring a new trial on that count. It also addressed issues related to malicious prosecution.
• Song Jook SUH v. Rosenberg
  437 F.2d 1098· 9th Cir.· 1971-02-11 ·cited 74×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  A prematurely filed notice of appeal becomes effective when the appealable judgment becomes final, and the appellate court has jurisdiction. The denial of a cosmetology instructor's petition for professional classification was not an abuse of discretion.
• Harris v. State
  843 So. 2d 856· Fla.· 2003-03-27 ·cited 73×
  Roger Harris was convicted of first-degree murder in the death of his wife Donna Harris. The Florida Supreme Court affirmed the conviction but vacated the death sentence and remanded for a new penalty phase because the trial court erroneously instructed the jury on and found the
• Steverson v. State
  695 So. 2d 687· Fla.· 1997-06-12 ·cited 73×
  The Florida Supreme Court reversed Bobby Steverson's conviction and death sentence for the murder of Bobby Lucas, holding that the trial court committed reversible error by admitting extensive and inflammatory evidence of a collateral crime—the shooting of a police officer—which
• Cunningham v. Zant
  928 F.2d 1006· 11th Cir.· 1991-03-27 ·cited 73×
  The court held that the trial court's oral jury charge on mitigating circumstances during the sentencing phase was constitutionally deficient, warranting habeas relief, but found the jury charge on intent to be harmless error and the claim of ineffective assistance of counsel to
• United States v. Watson
  669 F.2d 1374· 11th Cir.· 1982-03-08 ·cited 73×
  The court held that the exclusion of defense witnesses offering opinion testimony regarding the government's key witness's credibility was prejudicial error requiring reversal, as it violated the defendants' Sixth Amendment right to compulsory process and was not harmless beyond
• Fisher v. The Agios Nicolaos V
  628 F.2d 308· 5th Cir.· 1980-10-10 ·cited 73×·via Harmless Error Doctrine
  The court held that the district court did not abuse its discretion in retaining jurisdiction, applying United States law, and that any errors in damage computation were harmless.
• United States v. Clark
  559 F.2d 420· 5th Cir.· 1977-09-19 ·cited 73×·via Harmless Error Doctrine
  The court held that the officers had probable cause to stop and search the truck based on the totality of the circumstances, and that the subsequent search of the station wagon was permissible under the automobile exception to the warrant requirement.
• Thompson v. State
  328 So. 2d 1· Fla.· 1976-01-21 ·cited 73×
  Where a jury unanimously recommends life imprisonment after full consideration of aggravating and mitigating circumstances, the trial court must express more concise and particular reasons based on evidence that cannot reasonably be interpreted to favor mitigation to override the
• Ault v. State
  53 So. 3d 175· Fla.· 2010-09-30 ·cited 72×·via Harmless Error Review
  Howard Steven Ault was sentenced to death for the murders of two young sisters after his prior death sentences were vacated for improper jury selection. On this second direct appeal, the Florida Supreme Court affirmed the death sentences while finding that the trial court committ
• Stein v. State
  632 So. 2d 1361· Fla.· 1994-01-13 ·cited 72×
  Steven Edward Stein was convicted of two counts of first-degree murder and armed robbery, receiving death sentences for the murders and life imprisonment for the robbery. The Florida Supreme Court affirmed all convictions and sentences, rejecting claims that his confession was im