Harmless Error Analysis

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

• Roberts v. State
  760 So. 2d 208· Fla. 2d DCA· 2000-04-19
  Christopher Andrew Roberts appealed his first-degree murder conviction, arguing the trial court improperly excluded his expert psychiatrist Dr. Michael Maher from testifying on the insanity defense without conducting a proper Richardson inquiry into discovery violations or consid
• Shearer v. State
  754 So. 2d 192· Fla. 1st DCA· 2000-04-17
  Mary Lynette Shearer was convicted of unlawfully excavating an archaeological site without a permit in violation of Florida Statutes § 267.13(1)(b). The appellate court reversed her conviction, holding that the trial court's refusal to instruct the jury that the prosecution must
• Dixon v. State
  754 So. 2d 822· Fla. 3d DCA· 2000-04-05
  Court affirmed Dixon's conviction, holding that the trial court's failure to notify defense counsel of a jury note requesting food or clarification was harmless error where the note did not implicate Rule 3.410 and did not influence the verdict.
• Fella v. State
  754 So. 2d 165· Fla. 5th DCA· 2000-03-31
  John Fella appeals his conviction for lewd or lascivious acts and sexual battery on a child, challenging the trial court's admission of child hearsay, a non-standard jury instruction on witness credibility, and findings regarding similar fact evidence. The appellate court affirme
• Hugh v. State
  751 So. 2d 718· Fla. 5th DCA· 2000-02-18
• Whitfield v. State
  749 So. 2d 572· Fla. 2d DCA· 2000-01-21
  Kenneth Whitfield appeals his conviction for possession of a firearm by a convicted felon and his habitual offender sentence. The appellate court affirms the habitual offender sentence but reverses the felon-in-possession conviction and remands for a new trial, holding that the t
• Watson v. State
  763 So. 2d 1136· Fla. 4th DCA· 2000-01-05
  The court held that the trial court did not abuse its discretion in denying the motion to exclude the state's rebuttal witness, finding no prejudice to the appellant from the discovery violation.
• POE v. State
  746 So. 2d 1211· Fla. 5th DCA· 1999-12-17
  Brian Poe was convicted of aggravated battery with a firearm and possession of a firearm by a convicted felon and sentenced to concurrent 25-year terms as a habitual felony offender. The Florida District Court of Appeal reversed his convictions, finding that the trial judge's ext
• Griffin v. State
  751 So. 2d 77· Fla. 1st DCA· 1999-12-16
  The court held that the admission of the defendant's statement about only stealing GM products was an abuse of discretion and not harmless error.
• Ferris v. State
  743 So. 2d 1187· Fla. 4th DCA· 1999-10-27
  Appellant Ferris was convicted of DUI and appealed on three grounds: the admission of a videotape of the incident, the prosecutor's argument about 'actual physical control' of the vehicle, and the jury instruction on this element. The Fourth District Court of Appeal affirmed the
• Bryant v. State
  744 So. 2d 1128· Fla. 5th DCA· 1999-10-22
  Timothy Bryant was convicted of carjacking and first-degree murder. On appeal, he challenged the trial court's evidentiary rulings regarding expert testimony about a witness's drug and alcohol use, denial of late expert examination, and admission of a prejudicial hearsay statemen
• In the Interest of S.N.S. v. State of Fla. Dep't of Child. & Families & Guardian Ad Litem Program
  750 So. 2d 61· Fla. 2d DCA· 1999-08-25
  Parents appealed the termination of their parental rights to their minor child. The court affirmed as to the father who had executed a surrender, but reversed as to the mother because she was not properly served with notice of the dependency hearing at which a default adjudicatio
• Medina v. Dep't of Child. & Families
  735 So. 2d 604· Fla. 1st DCA· 1999-07-09
  The court held that while the denial of food stamp benefits was proper due to insufficient verification, the ninety-day sanction for intentional program violation was not harmless error and should be stricken from the applicant's record.
• Manuel v. State
  737 So. 2d 580· Fla. 1st DCA· 1999-06-25
  The failure to provide a complete transcript does not automatically require reversal if the missing portion is not substantial or material.
• Carlton White v. State
  734 So. 2d 484· Fla. 4th DCA· 1999-05-12
  Carlton White was convicted of drug paraphernalia possession after police found crack pipes in his apartment. The Florida Fourth District Court of Appeal reversed the conviction because a police officer's testimony about observed narcotics transactions near appellant's home was i
• JIM Walter Homes, Inc. v. Walker
  729 So. 2d 432· Fla. 5th DCA· 1999-03-05
  Jim Walter Homes (JWH) appeals a wrongful death judgment, challenging the trial court's entry of a partial summary judgment that JWH had a duty to maintain the construction site in a safe condition at the time of the incident. The Florida appellate court reversed, finding the sum
• Brandon v. State
  727 So. 2d 1010· Fla. 5th DCA· 1999-02-12
  Danny Brandon appeals his convictions for attempted armed carjacking, armed carjacking, felony causing bodily injury, assault, and firearm possession by a convicted felon. The appellate court affirmed the convictions, finding that although the prosecutor improperly informed the j
• Poirier v. State
  719 So. 2d 1256· Fla. 4th DCA· 1998-10-21
  Roland Poirier appealed his conviction for aggravated battery and battery, challenging the trial court's scheduling of his trial fifteen days after filing a notice of expiration of speedy trial time (rather than ten days as required) and the imposition of an upward departure sent
• Jones v. State
  718 So. 2d 1271· Fla. 1st DCA· 1998-10-12
  Thomas Scott Jones was convicted of cocaine possession based on a hand-rolled cigarette containing cocaine found near him. The Florida First District Court of Appeal reversed and remanded for retrial because the trial court improperly allowed cross-examination questions about spe
• Chambers v. State
  742 So. 2d 296· Fla. 1st DCA· 1998-10-05
• Orais Butler v. State
  715 So. 2d 337· Fla. 1st DCA· 1998-08-07
• Schroeder v. State
  715 So. 2d 331· Fla. 5th DCA· 1998-07-31
  The court held that the trial court erred in admitting hearsay testimony from an expert witness because the victim's statements were not made for the purpose of medical diagnosis or treatment.
• Dewayne Allen Jones v. State
  714 So. 2d 665· Fla. 5th DCA· 1998-07-31
  Dewayne Jones appeals his convictions for sexual battery and trespass, challenging the trial court's admission of evidence regarding a collateral crime committed nine years earlier. The appellate court reverses, finding that the similar fact evidence was improperly admitted to sh
• Lycette v. State
  707 So. 2d 875· Fla. 4th DCA· 1998-03-04
  Donald Lycette appeals his convictions for burglary with battery and criminal mischief. The appellate court reversed his conviction and remanded for a new trial, holding that the trial court erred in refusing to instruct the jury on simple battery as a lesser included offense whe
• Thompson v. State
  706 So. 2d 1361· Fla. 2d DCA· 1998-01-09
  William Thompson appeals his habitual felony offender sentence imposed after he entered a no-contest plea. The court vacates the sentence and remands for resentencing because the trial court failed to inform Thompson that habitualization might affect his possibility of early rele
• Anderson v. State
  702 So. 2d 302· Fla. 1st DCA· 1997-12-15
  The court held that the trial court erred in finding harmless error based on an incorrectly calculated scoresheet.
• Jackson v. State
  699 So. 2d 306· Fla. 1st DCA· 1997-09-18
  Joe Nathan Jackson was charged with first degree murder in the shooting death of his wife but was convicted of the lesser included offense of second degree murder. On appeal, Jackson challenged the trial court's denial of a jury instruction on voluntary intoxication, but the cour
• Guardianship OF Max Halpert v. Martin S. Rosenbloom, P.A.
  698 So. 2d 938· Fla. 4th DCA· 1997-09-10
  The Fourth District Court of Appeal reversed an award of attorney's fees because the trial court's order failed to include mandatory findings regarding time expended, hourly rate, and other relevant factors as required by Florida law. The court reluctantly reversed despite the ap
• Donnie Jackson v. State
  698 So. 2d 1299· Fla. 4th DCA· 1997-08-27
  Donnie Jackson was convicted of battery on a law enforcement officer. On appeal, Jackson challenged the trial court's order handcuffing a defense witness to the witness stand, arguing this violated his right to a fair trial by prejudicing the jury against his witness's testimony.
• Thomas v. State
  695 So. 2d 1288· Fla. 4th DCA· 1997-06-25
  The court held that the defendant's convictions are affirmed because the violation of his right to be present during jury selection was harmless error, but his habitual offender sentence is reversed because the prior convictions did not meet statutory timing requirements.
• Rondale Voncha Carter v. State
  697 So. 2d 529· Fla. 1st DCA· 1997-06-04
  Rondale Carter was convicted of first-degree murder in the shooting death of Phuc Cong Tran. On appeal, the court reversed because the trial court abused its discretion by excluding expert psychological testimony about Carter's mental capacity to understand his Miranda rights, de
• Viktor Leschka v. State
  691 So. 2d 535· Fla. 2d DCA· 1997-04-04
  The court held that the trial court erred in refusing to instruct the jury on voluntary intoxication as a defense to aggravated battery, and this error was not harmless.
• Poole v. State
  691 So. 2d 1097· Fla. 4th DCA· 1997-03-19
  Maurice Poole appeals his conviction for trafficking cocaine and aggravated battery on a police officer. The Fourth District Court of Appeal affirms the conviction, finding no error in the trial court's denial of Poole's motion to disqualify the judge, denial of his motion to sup
• Tookes v. State
  688 So. 2d 961· Fla. 1st DCA· 1997-02-20
  The court held that the appellant's convictions are affirmed, but his consecutive habitual offender sentences must be vacated and remanded for resentencing.
• Carter v. State
  687 So. 2d 327· Fla. 1st DCA· 1997-02-04
  Eugene Carter was convicted by jury of lewd and lascivious assault on a child under 16. The Florida District Court of Appeal reversed because the trial court improperly admitted character evidence—a statement by Carter that "If you're old enough to bleed, you're old enough to bre
• Jackson Loren Keffer v. State
  687 So. 2d 256· Fla. 2d DCA· 1996-12-27
  Jackson Keffer was convicted of sexual battery with slight force under Florida law. The Florida District Court of Appeal reversed his conviction because the trial court improperly admitted the victim's prior statements to police as "prior consistent statements" under hearsay exce
• Caldwell v. State
  687 So. 2d 1297· Fla.· 1996-12-19
  The court held that the decision in Coney v. State, which clarified a defendant's right to be present at juror challenges, applies prospectively only and does not apply to cases tried before the ruling was issued.
• Dorsey v. State
  684 So. 2d 880· Fla. 4th DCA· 1996-12-18
  Willie Dorsey was convicted of aggravated battery with a firearm and shooting a deadly missile, but the appellate court reversed because the trial court failed to ensure Dorsey was present during the bench conference where peremptory jury challenges were exercised, violating his
• Mundy v. State
  687 So. 2d 1314· Fla. 1st DCA· 1996-12-17
  David Lee Mundy appealed his convictions for armed robbery and four counts of armed kidnapping. The court affirmed the denial of his motion to suppress a confession but reversed and remanded for a new trial because the trial court failed to fully explain his options after denying
• Cushman & Wakefield OF Fla., Inc. v. Comreal Miami, Inc.
  683 So. 2d 208· Fla. 3d DCA· 1996-11-27
  Trial court's grant of new trial based on alleged jury instruction error was reversed because the error was not properly preserved and the instructions fairly presented the issue to the jury.
• Schlotterlein v. State
  683 So. 2d 568· Fla. 5th DCA· 1996-11-01
• Donaldson v. State
  682 So. 2d 197· Fla. 4th DCA· 1996-10-23
  The court held that a kidnapping conviction cannot stand if the victim did not obey the assailant's commands, and that refusing a voice demonstration was error, though harmless.
• M.C. v. State
  695 So. 2d 741· Fla. 1st DCA· 1996-10-08
  Florida appellate court reversed a juvenile delinquency adjudication for sexual battery because the trial court's competency examination of the child victim was inadequate under established standards requiring demonstration of moral obligation to tell truth, ability to recall eve
• Zanicchi v. State
  679 So. 2d 40· Fla. 4th DCA· 1996-08-21
  Robert Zanicchi was convicted of committing a lewd and lascivious act in the presence of a minor based on victim identification evidence. The court reversed because the trial court erroneously excluded defense evidence of similar FSU license plate numbers that would have supporte
• Johnson v. State
  674 So. 2d 208· Fla. 5th DCA· 1996-05-31
• Murray v. State
  669 So. 2d 1064· Fla. 5th DCA· 1996-02-09
• Howell v. State
  667 So. 2d 869· Fla. 1st DCA· 1996-01-31
  Victor Wade Howell appeals his grand theft conviction, challenging the sufficiency of evidence, limitation of cross-examination, and restitution. The court affirmed the sufficiency of evidence but reversed and remanded for a new trial due to the trial court's erroneous restrictio
• Williams v. State
  662 So. 2d 437· Fla. 5th DCA· 1995-11-09
  Florida affirmed Williams' armed robbery conviction despite his Brady claim, holding that the State's failure to disclose a dispatch card describing the offender as a Latin male was harmless because the defense received the card from the Sheriff's Department and the description l
• C.D.B. v. State
  662 So. 2d 738· Fla. 1st DCA· 1995-11-03
  C.D.B., a minor, was adjudicated delinquent for loitering or prowling under Florida law. The trial court excluded testimony from a defense witness for violating discovery rules without conducting a Richardson hearing to determine whether the sanction was appropriate. The appellat
• Thomas v. State
  660 So. 2d 762· Fla. 2d DCA· 1995-09-01
  The court held that the trial court erred in admitting certain evidence and that these errors were not harmless.