Harmless Error Analysis

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

• Ayala v. State
  976 So. 2d 43· Fla. 5th DCA· 2008-02-01
  Luis Ayala appeals his convictions for attempted first-degree murder and related firearm offenses arising from a 1995 shooting incident. The appeal challenges the trial court's use of his wife's testimony under marital privilege and the imposition of upward departure sentences wi
• Hunter v. State
  973 So. 2d 1174· Fla. 1st DCA· 2007-12-31
  The court held that the trial court erred in denying the motion to suppress the defendant's statement, denying a motion for mistrial based on a comment on the defendant's right to remain silent, and denying a motion for mistrial based on a prosecutor's question implying involveme
• V.L. v. State
  971 So. 2d 904· Fla. 3d DCA· 2007-12-12
  The court held that the trial court's exclusion of a defense witness's testimony, without exploring alternative remedies, was not harmless error because the testimony could have supported the defendant's self-defense claim.
• Clark v. State
  969 So. 2d 573· Fla. 1st DCA· 2007-12-05
  Edward Clark was convicted of sexual battery on a physically helpless victim and resisting an officer. The appellate court reversed the sexual battery conviction because the trial court improperly excluded testimony from Clark's expert witness regarding the victim's blood alcohol
• Breaux v. State
  965 So. 2d 1286· Fla. 2d DCA· 2007-10-17
  The court held that a conceded scoresheet error was harmless because the trial court would have imposed the same sentence regardless of the error.
• Sullivan v. State
  967 So. 2d 274· Fla. 1st DCA· 2007-09-21
• D.O. v. State
  961 So. 2d 1053· Fla. 1st DCA· 2007-07-24
  A juvenile appellate case in which D.O. appeals a trial court's disposition order imposing a moderate-risk residential placement for sexual battery offenses against a young relative, arguing the sanction was stricter than the Department of Juvenile Justice's probation recommendat
• Pesci v. State
  963 So. 2d 780· Fla. 3d DCA· 2007-07-18
  James Pesci appeals his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act, challenging the trial court's admission of hearsay evidence regarding an uncharged sexual offense in New York. The court affirmed, holding that hearsay evidence is admissible u
• Carmona v. State
  958 So. 2d 1158· Fla. 4th DCA· 2007-07-05
  Joseph Carmona appealed the revocation of his sex offender probation and his resulting resentencing to five concurrent 20-year terms. The court affirmed the probation revocation but reversed the sentences on two counts, finding they exceeded statutory maximums, and remanded for r
• Anderson v. State
  960 So. 2d 784· Fla. 4th DCA· 2007-06-13
  The court affirmed dismissal of a Rule 3.850 postconviction motion because it was untimely, and even if timely, any sentencing error from an erroneous prior conviction on the scoresheet was harmless.
• United States v. Jenkins
  499 F. Supp. 2d 1268· M.D. Fla.· 2007-06-05
  The court held that prosecutorial comments on the defendant's post-Miranda refusal to provide a sworn written statement constituted a Doyle violation, as the defendant did not open the door to such commentary by attempting to create a false impression of cooperation.
• McDANNOLD v. State
  959 So. 2d 320· Fla. 1st DCA· 2007-05-17
  Robert McDannold appeals the summary denial of his Rule 3.850 postconviction motion claiming ineffective assistance of counsel. The appellate court affirmed, holding that even if defense counsel should have objected to improper bolstering of an expert witness, any error was harml
• Tavares Darrell Daniels v. State
  954 So. 2d 718· Fla. 3d DCA· 2007-04-25
  The court held that the admission of a witness's testimony about a threat relayed by a third party was harmless error, and references to prior court proceedings did not necessitate a mistrial.
• Cano v. State
  955 So. 2d 614· Fla. 3d DCA· 2007-04-25
  Rolando Mel Cano appeals his convictions for murdering his wife and her elderly aunt, and for felony animal cruelty related to a family pet's death. Cano, who confessed to all killings, challenges only the animal cruelty conviction and a single prosecutorial comment, but the appe
• Johnson v. Moore
  493 F. Supp. 2d 1236· M.D. Fla.· 2007-03-30
  The court held that the motion to alter or amend the judgment should be denied, as the prior order correctly applied the harmless error standard and properly addressed the sufficiency of the evidence proffer.
• Nicky Gruenbaum v. State
  952 So. 2d 598· Fla. 4th DCA· 2007-03-21
  The court held that the lack of a jury finding of penetration was harmless error, denying the petition for ineffective assistance of appellate counsel.
• B.H. v. State
  951 So. 2d 999· Fla. 1st DCA· 2007-03-21
  The Florida appellate court reversed adjudications for loitering and prowling, fraudulent use of a credit card, criminal use of personal identification information, and grand theft due to insufficient evidence and discovery violations, but affirmed adjudications for cannabis and
• Hilberto Cedillo v. State
  949 So. 2d 339· Fla. 4th DCA· 2007-02-28
  Hilberto Cedillo was convicted by jury of carjacking and assault charges. The Florida Fourth District Court of Appeal reversed and remanded for a new trial, finding that the trial court improperly allowed a detective to testify that he developed Cedillo as a suspect based on info
• Platt v. State
  948 So. 2d 942· Fla. 5th DCA· 2007-02-16
  Gregory Platt appeals his convictions for aggravated battery, fleeing and eluding, drug possession, and misdemeanors. The court reversed convictions for aggravated battery and marijuana possession because the trial court erroneously admitted highly prejudicial evidence about a st
• Anderson v. State
  946 So. 2d 579· Fla. 4th DCA· 2006-12-20
  Jason Anderson appeals convictions for robbery with a deadly weapon at a Shell gas station and attempted robbery with a deadly weapon at a Papa John's restaurant. The court affirms the Shell gas station robbery conviction but reverses and remands the Papa John's attempted robbery
• Rodgers v. State
  943 So. 2d 293· Fla. 4th DCA· 2006-11-29
  The court held that even if prior military convictions were improperly scored, the error was harmless because the same sentence could have been imposed. The court also agreed that an evidentiary hearing was necessary to compare the military convictions to Florida statutes.
• Henao v. State
  939 So. 2d 336· Fla. 4th DCA· 2006-10-18
  Fabian Henao was convicted of manslaughter with a firearm, attempted manslaughter with a firearm, and shooting into an occupied vehicle following a melee at a gas station that resulted in one death and multiple injuries. On appeal, Henao challenged the trial court's jury instruct
• Roman v. State
  937 So. 2d 235· Fla. 3d DCA· 2006-09-01
  Roman was convicted of sexual battery and strong arm robbery based on victim identification and video evidence. The Florida appellate court reversed because the trial court improperly admitted hearsay evidence when a detective testified about identifying the defendant through inf
• Agustin C. Sanz, M.D. v. Alwyn G. Carter
  937 So. 2d 1126· Fla. 4th DCA· 2006-08-02
  Dr. Sanz and his insurer appealed a jury verdict for the Carters in a medical malpractice case. The appellate court reversed and remanded for a new trial, finding that the trial judge abused its discretion by excluding Sanz's second expert witness on the thirteenth day of trial w
• Martinez v. State
  933 So. 2d 1155· Fla. 3d DCA· 2006-05-10
  Martinez was convicted of attempted first-degree premeditated murder and aggravated battery with a deadly weapon. The appellate court affirmed his conviction, holding that an erroneous jury instruction on justifiable use of deadly force did not constitute fundamental error becaus
• Strawder v. State
  929 So. 2d 1102· Fla. 1st DCA· 2006-05-04
  Brian Strawder appealed his convictions for first-degree murder and robbery, challenging the admission of evidence regarding a prior vague threat he made against an undefined group of people. Although the appellate court agreed the trial court erred in admitting this evidence, it
• Richard Allen Beck, M.D. v. Holloway
  933 So. 2d 4· Fla. 1st DCA· 2006-04-27
  Dr. Beck appeals a medical malpractice judgment in a case where he allegedly created defects in a patient's skull during sinus surgery, leading to meningitis. The court affirmed the denial of summary judgment on the statute of limitations but reversed and remanded for a new trial
• Valdes v. State
  924 So. 2d 950· Fla. 3d DCA· 2006-04-05
  Gustavo Valdes appealed his convictions for fleeing to elude, leaving the scene of an accident, resisting an officer, and trespass in a conveyance. The sole issue at trial was whether Valdes was the driver of a stolen vehicle involved in a high-speed police chase. The appellate c
• Marcela Almodovar v. State
  925 So. 2d 425· Fla. 5th DCA· 2006-03-31
  The court held that admitting English translations of Spanish telephone conversations without evidence of a sworn translator was error, but the error was harmless.
• Valley v. State
  919 So. 2d 697· Fla. 4th DCA· 2006-02-01
  Darryl Valley appeals his conviction for strong arm robbery and burglary with assault based on the trial court's erroneous admission of Williams rule evidence (evidence of other crimes and bad acts). The appellate court reverses and remands because it previously held in Valley I
• C.L.W. v. State
  920 So. 2d 109· Fla. 1st DCA· 2006-01-20
  The trial court erred by excluding testimony offered to impeach a key witness, and this error was not harmless.
• Capano
  Del.· 2006-01-10
  The Delaware Supreme Court affirmed the denial of the defendant's ineffective assistance of counsel claims but reversed the denial of postconviction relief regarding his death sentence. The Court vacated the death sentence imposed under the 1991 statute because the sentencing jud
• McCRAY v. State
  915 So. 2d 239· Fla. 3d DCA· 2005-11-30
  Stanley McCray appeals his convictions for attempted burglary, possession of burglary tools, and criminal mischief, challenging the admissibility of dog-tracking evidence used to locate him. The Florida District Court of Appeal affirms, holding that the State established sufficie
• Sorge v. State
  915 So. 2d 707· Fla. 1st DCA· 2005-11-29
  The court held that the trial court erred in excluding evidence relevant to a prosecution witness's bias and motive to testify falsely.
• Smith v. State
  915 So. 2d 692· Fla. 3d DCA· 2005-11-16
  The court held that incriminating statements made by a defendant after unequivocally invoking the right to remain silent are inadmissible, even if the police believe the invocation was ambiguous.
• Williams v. State
  903 So. 2d 1062· Fla. 2d DCA· 2005-06-24
  Leon Williams appealed the trial court's denial of his motion to withdraw his plea and motion to correct sentence. The appellate court reversed both rulings, finding the trial court lacked jurisdiction to address the plea withdrawal motion after notice of appeal was filed, and th
• McBRIDE v. State
  903 So. 2d 373· Fla. 2d DCA· 2005-06-15
  The court held that the erroneous jury instruction regarding the statutory presumption of impairment was harmless error because the overwhelming evidence of the defendant's blood alcohol level meant there was no reasonable possibility the error affected the verdict.
• Harrell v. State
  906 So. 2d 312· Fla. 1st DCA· 2005-05-25
  The court reversed the trial court's denial of a Rule 3.850 postconviction motion to the extent it dismissed a scoresheet error claim, finding that scoresheet errors are cognizable under the rule. The court affirmed the denial of appellant's remaining claims and remanded for reca
• Mariana Burgos-Rivera v. State
  903 So. 2d 998· Fla. 5th DCA· 2005-05-20
• Saintil v. State
  901 So. 2d 336· Fla. 4th DCA· 2005-05-04
  In a cocaine possession trial, the trial court erroneously admitted hearsay testimony from a police officer describing the contents of a crime stopper's tip that led to the defendant's arrest. The appellate court reversed, holding that such detailed tip information constitutes in
• Smith v. State
  899 So. 2d 1264· Fla. 5th DCA· 2005-04-22
  The court held that the trial court did not err in allowing a witness's show-up identification and that any error in admitting hearsay testimony was harmless.
• Lizzie Mae Mixon v. State
  899 So. 2d 496· Fla. 1st DCA· 2005-04-20
• Bell v. Quintero
  544 U.S. 936· U.S.· 2005-03-21
• Lebert F. Batten v. State
  895 So. 2d 490· Fla. 2d DCA· 2005-02-11
  Lebert Batten was convicted of grand theft and odometer fraud for selling a car with a misrepresented mileage. The Florida appellate court reversed his conviction and remanded for a new trial, holding that evidence of his classified newspaper ads for similar vehicles was inadmiss
• Reese v. State
  890 So. 2d 499· Fla. 1st DCA· 2004-12-30
  Raymond Michael Reese was convicted of burglary of an occupied conveyance and robbery by sudden snatching. The appellate court reversed his convictions and remanded for a new trial because the trial court improperly denied Reese the opportunity to testify that his prior convictio
• Curmit Sibert v. State
  884 So. 2d 450· Fla. 3d DCA· 2004-10-06
  The court held that even if the trial court erred in admitting evidence of prior weapon possession, the error was harmless beyond a reasonable doubt due to overwhelming other evidence.
• McGEE v. State
  882 So. 2d 1116· Fla. 1st DCA· 2004-09-27
  Conviction for attempted armed robbery while masked reversed because trial court erred in excluding defendant's consistent statements under the rule of completeness, and the error was not harmless beyond a reasonable doubt.
• Purifoy v. State
  880 So. 2d 822· Fla. 1st DCA· 2004-08-13
  Lewis Purifoy was convicted of battery on a law enforcement officer and resisting arrest with violence. The appellate court reversed because the trial court erroneously refused to allow surrebuttal testimony from Purifoy's wife that would have contradicted the state's rebuttal wi
• Cross v. State
  877 So. 2d 933· Fla. 1st DCA· 2004-07-26
  Appellant Cross challenges his criminal convictions on the ground that the trial court failed to re-read standard jury instructions on reasonable doubt, burden of proof, and weighing evidence after closing arguments, as required when bifurcating jury charges. The court affirmed,
• MacKey v. State
  884 So. 2d 118· Fla. 2d DCA· 2004-07-02
  Thomas Mackey was sentenced as a habitual violent felony offender following a jury conviction for robbery with a deadly weapon. Mackey challenged the sentence claiming the State failed to provide proper notice of its intent to seek habitual offender sentencing after his case was