Harmless Error Analysis

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

• Lucier v. State
  189 So. 3d 161· Fla. 4th DCA· 2016-01-27
  Michael Scott Lucier appeals his convictions for fleeing or eluding, resisting an officer without violence, possession of cocaine, and attempted tampering with evidence. The Florida Fourth District Court of Appeal reversed, finding the trial court erred by allowing references to
• Mosley v. State
  182 So. 3d 797· Fla. 2d DCA· 2016-01-06
  Tonya Mosley appealed her convictions for battery on a person over sixty-five and felony battery, arguing she acted in self-defense. The trial court excluded her key eyewitness, Julius Little, due to late disclosure, but the appellate court found the exclusion constituted harmful
• Hubbard v. State
  15th Cir. Ct. App. Div.· 2015-10-23
  Matthew James Hubbard was convicted of violating a domestic violence injunction. The appellate court affirmed the trial court's rulings on voir dire and the motion for judgment of acquittal, but reversed the conviction and remanded for a new trial because the trial court abused i
• Raynard J. Ford v. State
  172 So. 3d 1003· Fla. 1st DCA· 2015-09-03
  The court held that the defendant was not entitled to a Stand Your Ground instruction because he was engaged in unlawful activity at the time of the killing.
• Rosario v. State
  175 So. 3d 843· Fla. 5th DCA· 2015-08-28
  The Florida Fifth District Court of Appeal held that an autopsy report prepared pursuant to Florida Statutes chapter 406 constitutes testimonial hearsay under the Sixth Amendment Confrontation Clause, but found any error in its admission was harmless beyond a reasonable doubt bec
• Jones v. State
  9th Cir. Ct. App. Div.· 2015-06-09
  Jones appeals her convictions for DUI and resisting an officer without violence. The appellate court affirmed, rejecting her challenges to the expert qualification of a deputy testifying about HGN test results, the admission of testimony regarding the deputy's DUI arrest rate, an
• Kent v. State
  162 So. 3d 1046· Fla. 1st DCA· 2015-04-08
  Randy Kent appeals his felony battery conviction arguing the trial court erred by refusing to give a standard jury instruction regarding the quality versus quantity of evidence. Although the court erred in declining the instruction without proper justification, the appellate cour
• Collier v. State
  159 So. 3d 963· Fla. 2d DCA· 2015-03-13
  Samuel Collier appeals his conviction for aggravated assault with a deadly weapon, challenging the trial court's refusal to instruct the jury on the lesser-included offense of improper exhibition of a dangerous weapon. The appellate court agrees that the allegations in the chargi
• Joseph v. State
  153 So. 3d 992· Fla. 4th DCA· 2015-01-07
  The court held that the jury instruction regarding possession of recently stolen property was improper because there was a dispute regarding the defendant's intent and permission to be on the property. The court also held that evidence of a separate missing engine was improperly
• Razz v. State
  155 So. 3d 447· Fla. 4th DCA· 2015-01-07
  Darnell Razz appeals his convictions for two counts of first-degree murder with a firearm while masked and one count of robbery with a firearm while masked. The court reverses and remands for a new trial because the trial court erred in allowing a law enforcement officer to testi
• Dominique B. Kelsey v. State
  152 So. 3d 1266· Fla. 1st DCA· 2014-12-22
  Dominique Kelsey was convicted of armed robbery and kidnapping. The trial court erroneously instructed the jury that it could consider a witness's general reputation for dishonesty or truthfulness despite no such reputation evidence being presented at trial. The court reversed an
• Attila Makranczy v. State
  150 So. 3d 287· Fla. 1st DCA· 2014-11-20
• Garland McDOWELL v. State
  162 So. 3d 124· Fla. 4th DCA· 2014-11-19
  The court held that a prosecutor's closing argument suggesting the existence of other witnesses to corroborate the state's case, in response to a defense argument about lack of evidence, constitutes reversible error.
• Haywood v. State
  148 So. 3d 525· Fla. 5th DCA· 2014-10-10
  A trial court's failure to instruct the jury that it cannot return a guilty verdict on both dealing in stolen property and theft for the same scheme or course of conduct is not harmless error when requested.
• Reynolds Brooks v. State
  143 So. 3d 1093· Fla. 4th DCA· 2014-07-30
  The Florida Fourth District Court of Appeal affirmed a trial court's involuntary commitment order designating Reynolds Brooks as a sexually violent predator under the Jimmy Ryce Act, despite finding that certain statistical testimony about the SVP screening process was irrelevant
• Kyne v. State
  141 So. 3d 759· Fla. 2d DCA· 2014-07-11
  Kevin Kyne appealed his conviction for second-degree murder in the death of his mother, Diane. The court reversed the conviction because the trial court improperly admitted extrinsic evidence of Kyne's prior violent disputes with his stepfather William, which was not inextricably
• Jarvis v. State
  141 So. 3d 1262· Fla. 5th DCA· 2014-07-11
  Justin Jarvis appealed his sentences for probation violations, challenging the trial court's inclusion of twelve community sanction violation points on his sentencing scoresheet. The court agreed that six of those points were erroneously included and reversed the sentences for re
• McCLOUD v. State
  139 So. 3d 474· Fla. 5th DCA· 2014-05-30
• Earnesto Raja Brandon v. State
  138 So. 3d 1150· Fla. 1st DCA· 2014-05-19
  Earnesto Brandon was convicted of firearm possession by a convicted felon based largely on a 911 call transcript. The court reversed his conviction, holding that the trial court erred by admitting the 911 call transcript as an excited utterance without establishing the necessary
• In & for New Castle Cnty.
  Del. Super. Ct.· 2014-05-15
  The court denied the defendant's motion for a mistrial, finding that the alleged instances of prosecutorial misconduct, whether timely objected to or not, did not rise to a level requiring reversal. The court applied harmless error review for timely objections and plain error rev
• Lakes v. State
  137 So. 3d 450· Fla. 4th DCA· 2014-03-19
  Isaac Lakes appeals his convictions for aggravated assault, child abuse, false imprisonment, burglary, and firearm possession, challenging the trial court's allowance of cross-examination questions about his ability to tailor his testimony based on his presence during other witne
• Spipniewski v. State
  134 So. 3d 563· Fla. 3d DCA· 2014-03-19
  John Spipniewski appeals his conviction for simple stalking (lesser included offense of aggravated stalking). The appellate court affirmed, rejecting his arguments that the trial court abused its discretion by denying motions for mistrial based on testimony regarding uncharged cr
• Francois v. State
  132 So. 3d 1206· Fla. 3d DCA· 2014-02-19
  The court held that the trial court erred in admitting testimony about rifles found in the defendant's residence, as the evidence was irrelevant and its admission was not harmless beyond a reasonable doubt.
• Gutierrez v. State
  133 So. 3d 1123· Fla. 5th DCA· 2014-02-14
  Rafael Gutierrez was convicted of sexual battery by a jury after being charged with raping a woman in her car. On appeal, the Fifth District Court of Appeal held that the trial court erred in giving a special jury instruction stating that the victim's testimony need not be corrob
• Brown v. State
  126 So. 3d 1242· Fla. 5th DCA· 2013-11-15
  Leroy Brown appealed a trial court's denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The appellate court affirmed the trial court's rejection of Brown's argument regarding a two-cell bump on the sentencing scoresheet but reve
• Bell v. State
  115 So. 3d 1063· Fla. 4th DCA· 2013-06-12
  The court held that the trial court abused its discretion in overruling the defense's objection to the prosecutor's closing argument, which improperly bolstered the credibility of police officers.
• Goldtrap v. State
  115 So. 3d 1025· Fla. 1st DCA· 2013-05-23
  The court held that prior consistent statements made by the victim after a motive to fabricate arose were inadmissible hearsay and their admission was not harmless error.
• K.A.A. v. State
  109 So. 3d 1175· Fla. 4th DCA· 2013-03-20
  The court held that the trial court erred in prohibiting the defendant from cross-examining a juvenile witness about pending criminal charges, as this right outweighs the state's interest in confidentiality.
• Davide Forrest Delafe v. State
  106 So. 3d 483· Fla. 1st DCA· 2013-01-04
  This case involves an appeal from the denial of postconviction relief. The appellate court affirmed most claims but reversed and remanded one claim concerning an illegal upward departure sentence, requiring further analysis or resentencing.
• Robinson v. CSX Transp., Inc.
  103 So. 3d 1006· Fla. 5th DCA· 2012-12-21
  The trial court abused its discretion by excluding evidence of safety tools and by allowing impeachment with a redacted accident report, requiring reversal.
• Brock v. State
  100 So. 3d 292· Fla. 1st DCA· 2012-11-16
  The court reversed Brock's conviction for possession of a firearm by a convicted felon because the trial court erroneously admitted evidence of a second firearm unrelated to the charged crime, creating a reasonable possibility of prejudicial impact on the jury.
• Bryant v. State
  98 So. 3d 1252· Fla. 4th DCA· 2012-10-17
  The court reversed David Bryant's convictions for battery on a law enforcement officer and resisting without violence because the trial court improperly required him to testify before admitting a 911 call as evidence, thereby infringing on his constitutional right not to testify.
• Cantlon v. State
  98 So. 3d 719· Fla. 2d DCA· 2012-10-05
  A sentence for reckless driving that exceeds the statutory maximum is illegal if it relies on facts not found by a jury beyond a reasonable doubt.
• Knox v. State
  98 So. 3d 679· Fla. 4th DCA· 2012-10-03
  Timothy Knox was convicted of three counts of robbery with a firearm after the trial court allowed videotaped testimony from an out-of-state victim who claimed economic hardship prevented her travel to Florida. The appellate court reversed, holding that economic hardship alone, w
• Feast v. State
  126 So. 3d 1168· Fla. 4th DCA· 2012-08-08
  The court held that the state's late disclosure of DNA evidence and a lab technician, after the defendant filed a notice of speedy trial expiration, constituted a discovery violation that required a Richardson hearing.
• Nabor Mendoza v. State
  93 So. 3d 441· Fla. 1st DCA· 2012-07-16
  Nabor Mendoza appeals his convictions for kidnapping and two counts of sexual battery, arguing the prosecutor violated his constitutional right to be present at trial by implying during cross-examination that he tailored his testimony after hearing other witnesses. The Florida ap
• Pope v. State
  95 So. 3d 302· Fla. 3d DCA· 2012-07-11
  The admission of police testimony regarding co-defendants' statements was a Postell error, but it was harmless and did not require reversal.
• Rose v. State
  134 So. 3d 996· Fla. 1st DCA· 2012-05-22
  Jacob Rose was convicted of possession of a firearm by a convicted felon. The court reversed his conviction, holding that the prosecutor committed constitutional error by commenting during opening statements that Rose refused to consent to a search of his vehicle, which implicitl
• Rodriguez v. State
  88 So. 3d 405· Fla. 3d DCA· 2012-05-16
  Roberto Rodriguez appeals his conviction for burglary, grand theft, and criminal mischief, arguing the trial court reversibly erred by overruling objections to improper prosecutorial bolstering of a key detective's testimony. The Third District Court of Appeal found the bolsterin
• Rogers v. State
  89 So. 3d 990· Fla. 2d DCA· 2012-05-11
  The court held that the trial court erred in admitting evidence of a prior uncharged robbery under the Williams rule because the prior offense was not strikingly similar to the charged offense.
• Hebron v. State
  85 So. 3d 530· Fla. 4th DCA· 2012-04-04
  The court held that the defendant's consent to search was invalid because officers failed to provide a simple and straightforward answer to his clear question about his right to counsel during custodial interrogation.
• Shara N. Cooper v. State
  83 So. 3d 998· Fla. 4th DCA· 2012-03-28
  Cooper petitions for relief based on ineffective assistance of appellate counsel, claiming her appellate attorney failed to raise a fundamental error regarding a defective jury instruction on the lesser-included offense of manslaughter. The court grants the petition, finding that
• Tery Johnson v. State
  80 So. 3d 1137· Fla. 1st DCA· 2012-03-06
  Appellant Johnson sought review of an order designating him a sexual predator based on federal convictions. The Florida appellate court agreed that the trial court erred by failing to hold a required hearing to determine whether his federal offenses qualify him for such designati
• Barnes v. State
  80 So. 3d 1117· Fla. 4th DCA· 2012-02-29
  The court held that admitting evidence of collateral crimes and commenting on the defendant's invocation of his right to remain silent were errors requiring reversal.
• Corrao v. State
  79 So. 3d 940· Fla. 1st DCA· 2012-02-23
  Joseph Corrao appealed his convictions for leaving the scene of a crash and DUI, arguing the trial court abused its discretion by denying his mistrial motion after the prosecutor asked him whether he had offered to plead guilty for reduced charges. The First District Court of App
• Sasha Bowen v. State
  79 So. 3d 241· Fla. 4th DCA· 2012-02-22
  The court held that the defendant was in custody for Miranda purposes when he made his statements at the police station, and the failure to provide warnings required suppression of those statements.
• Adams v. State
  80 So. 3d 426· Fla. 4th DCA· 2012-02-15
  James Adams was convicted by jury of second-degree murder in the beating death of Elijah Brown. On appeal, Adams challenged his conviction on two grounds: a juror's alleged exposure to him in shackles and the admission of his girlfriend's taped police statement. The appellate cou
• Daemont Wheeler
  Del.· 2012-02-07
  The Delaware Supreme Court affirmed the Superior Court's judgments, holding that while the admission of indirect hearsay testimony violated the hearsay rule and the Sixth Amendment Confrontation Clause, the error was harmless beyond a reasonable doubt due to cumulative properly a
• Stephens v. State
  78 So. 3d 686· Fla. 5th DCA· 2012-01-27
  The court reversed the attempted burglary conviction because tools found on the defendant lacked evidentiary connection to the crime, but affirmed the resisting arrest conviction as harmless error.
• Basil Burford v. State
  77 So. 3d 917· Fla. 4th DCA· 2012-01-25
  Basil Burford petitioned for a writ of habeas corpus claiming appellate counsel was ineffective for failing to raise fundamental error regarding a missing jury instruction on justifiable and excusable homicide in his manslaughter conviction. The court granted the petition, findin