Harmless Error Analysis

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

• United States v. de Jesus-Rios
  990 F.2d 672· 1st Cir.· 1993-04-07
  The court held that Eva Rios's pretrial identification was impermissibly suggestive and unreliable, and the error was not harmless, thus her conviction must be vacated. The evidence was sufficient to support Jose Rios's conviction.
• Terry v. Rees
  985 F.2d 283· 6th Cir.· 1993-04-01
  The denial of an independent pathologist prior to trial was harmless error because the independent pathologist's report ultimately confirmed the prosecution's findings regarding the cause of death.
• United States v. Jearold Kenneth Williams
  989 F.2d 1061· 9th Cir.· 1993-03-22
  The court held that the search warrants were valid, the admission of certain hearsay statements was either proper or harmless error, other crimes evidence was admissible, severance was not required, prosecutorial misconduct did not warrant reversal, and the Sentencing Guidelines
• Rogers v. United States
  990 F.2d 1008· 8th Cir.· 1993-03-19
  The court held that while the trial court's failure to fully comply with Rule 11(e)(2) did not warrant collateral relief on its own, appellate counsel's failure to raise this Rule 11 violation on direct appeal constituted ineffective assistance of counsel.
• Demons v. State
  614 So. 2d 47· Fla. 4th DCA· 1993-03-10
• Valdez v. Gunter
  988 F.2d 91· 10th Cir.· 1993-03-08
  The court held that a defendant does not have a constitutional right to be present when an audio tape previously admitted into evidence is replayed for the jury during deliberations, as this is not a critical stage of the proceeding. The court reversed the grant of habeas corpus
• United States v. Felmon Lakeith Laury
  985 F.2d 1293· 5th Cir.· 1993-03-02
  The court affirmed the conviction and sentence, finding no reversible error in the jury instructions, prosecutorial comments, sufficiency of evidence, or sentencing enhancements.
• United States v. Smith
  987 F.2d 888· 2d Cir.· 1993-03-01
  The court held that while the denial of a psychiatrist was an error, it was harmless given the overwhelming evidence of guilt, and the defendant's other claims were without merit.
• Gov't of the Virgin Islands v. Archibald
  987 F.2d 180· 3d Cir.· 1993-03-01
  The court held that the admission of evidence of prior sexual conduct was improper under Federal Rules of Evidence 404(b) and 403, and that hearsay testimony was improperly admitted on redirect examination, requiring reversal.
• Bendel v. State
  613 So. 2d 613· Fla. 4th DCA· 1993-02-24
  The court reversed and remanded for resentencing because the trial judge improperly applied a multiplier to legal restraint points in calculating the sentencing guidelines score, contrary to the Florida Supreme Court's disapproval of such multipliers in Flowers v. State.
• State v. Hill
  613 So. 2d 476· Fla.· 1993-02-11
  The court held that the trial court is not relieved of its statutory obligation to make findings regarding habitual felony offender sentencing factors, even if the defendant does not affirmatively raise them as defenses.
• Cooper v. State
  611 So. 2d 627· Fla. 4th DCA· 1993-02-03
• United States v. Gracia
  983 F.2d 625· 5th Cir.· 1993-02-02
  The court held that a district court's misstatement regarding the term of supervised release constitutes harmless error if it does not materially influence the defendant's decision to plead guilty. The court also modified the sentence to conform to statutory requirements for supe
• United States v. Dent
  984 F.2d 1453· 7th Cir.· 1993-01-26
  The court held that grand jury testimony, even if trustworthy, cannot be admitted under the residual hearsay exception (Rule 804(b)(5)) if it is specifically covered by another exception (Rule 804(b)(1)) and fails to meet that exception's requirements.
• Pawlendzio v. Senco Prods., Inc.
  610 So. 2d 734· Fla. 5th DCA· 1992-12-31
• Hudson v. Whitley
  979 F.2d 1058· 5th Cir.· 1992-12-10
  The dissenting judge argues that the case should not be remanded because the evidence of prejudice is overwhelming and the merits of the claim are clear, making the conviction fatally flawed.
• United States v. Dean
  980 F.2d 1286· 9th Cir.· 1992-12-04
  The court held that the admission of out-of-court statements as non-hearsay was an abuse of discretion because the statements were irrelevant to any issue at trial and violated the Confrontation Clause. The error was not harmless.
• United States v. White
  980 F.2d 836· 2d Cir.· 1992-11-19
  The court held that the clerk of the court permissibly applied local rules requiring an address on pleadings, and the government's failure to timely file the § 851 information was not harmless error.
• Akrawi v. Jabe
  979 F.2d 418· 6th Cir.· 1992-11-09
  The court held that the trial court's error in barring a witness for violating a sequestration order was harmless beyond a reasonable doubt, and that the petitioner's other claims of constitutional error and ineffective assistance of counsel lacked merit.
• United States v. DeBUSK
  976 F.2d 300· 6th Cir.· 1992-09-29
  A defendant's misunderstanding based on his lawyer's incorrect advice, despite the judge's clear warnings about sentencing discretion and plea withdrawal, does not entitle him to withdraw his guilty plea.
• United States v. White
  974 F.2d 1135· 9th Cir.· 1992-09-08
  The court affirmed the conviction, holding that the marital communications privilege does not apply to threats against a spouse or child, and that any instructional errors were harmless.
• Terry v. Petsock
  974 F.2d 372· 3d Cir.· 1992-09-01
  The Court affirmed the denial of a writ of habeas corpus, holding that the petitioner's conviction for first-degree murder did not violate *Beck v. Alabama*. The jury was not presented with an unconstitutional "all-or-nothing" choice because they were aware the petitioner was alr
• Smith v. Black
  970 F.2d 1383· 5th Cir.· 1992-08-20
  The court held that the Mississippi Supreme Court's procedural bars were not strictly or regularly followed, allowing federal habeas review of the 'especially heinous' aggravating circumstance claim. The death sentence was unconstitutional due to the improper use of this circumst
• Phillips v. Brennan
  969 F.2d 384· 7th Cir.· 1992-07-22
  The court held that the prior panel's decision mandated notice of adverse testimony, and the current majority's interpretation of Greenholtz was incorrect.
• United States v. Carter
  973 F.2d 1509· 10th Cir.· 1992-07-20
  The court held that the trial court did not err in its evidentiary rulings or jury instructions, and the ex parte communication with the jury, while constitutional error, was harmless.
• Byrnes v. Vose
  969 F.2d 1306· 1st Cir.· 1992-07-17
  The court held that the petitioner failed to exhaust state remedies and the futility exception did not apply, affirming the dismissal of his federal habeas corpus petition.
• United States v. Flores
  968 F.2d 1366· 1st Cir.· 1992-06-30
  The court held that simple assault under 49 U.S.C. § 1472(k)(1) is a lesser included offense of assault interfering with a flight attendant's duties under 49 U.S.C. § 1472(j), and the evidence warranted a jury instruction on the lesser offense.
• United States v. Turner
  966 F.2d 440· 8th Cir.· 1992-06-09
  The court held that while the government improperly referred to the defendant's post-Miranda silence, this error was harmless beyond a reasonable doubt given the overwhelming evidence of guilt.
• Gov't of the Virgin Islands v. Eurie Joseph
  964 F.2d 1380· 3d Cir.· 1992-06-01
  The court held that the district court erred in admitting the victim's second statement by relying on corroborating evidence, but the error was harmless due to substantial overlap with a prior admissible statement and other corroborating evidence.
• United States v. Lashmett
  965 F.2d 179· 7th Cir.· 1992-05-22
  The court held that the exclusion of extrinsic evidence of prior inconsistent statements and opinion testimony regarding character was harmless error, but vacated the restitution order due to plain error for failing to consider the defendant's ability to pay.
• United States v. Martin
  964 F.2d 714· 7th Cir.· 1992-05-21
  The court held that requiring a defendant to stand trial in prison garb was harmless error beyond a reasonable doubt on this record.
• Conley v. State
  599 So. 2d 236· Fla. 4th DCA· 1992-05-20
  The court held that admitting evidence of an unrelated murder plot was an error that was not harmless, requiring reversal of convictions.
• United States v. J.D. Todd
  964 F.2d 925· 9th Cir.· 1992-05-19
  The admission of photographs (Exhibits 4-A and 22-E) without limiting instructions, if error, was not harmless because they were likely to prejudice the jury by suggesting the defendant's bad character.
• People OF THE Territory OF Guam v. Marquez
  963 F.2d 1311· 9th Cir.· 1992-05-12
  The court held that the refusal of a trial court to read the elements of an alleged offense to the jury compels an automatic reversal because the impact of the error on the jury's performance of its duties cannot be reviewed.
• United States v. Burdett
  962 F.2d 228· 2d Cir.· 1992-04-29
  The court held that the prosecutor's cross-examination regarding other tax evasion trials was relevant to the defendant's good-faith defense and that any error was harmless. The court also found that other claims were either meritless or not preserved.
• Jefferson v. Morgan
  962 F.2d 1185· 6th Cir.· 1992-04-29
  The court held that a prima facie case of racial discrimination in grand jury selection was established and that the state failed to rebut it, thus affirming the grant of a writ of habeas corpus.
• United States v. Quiroz-Cortez
  960 F.2d 418· 5th Cir.· 1992-04-28
  The court held that replacing a juror with an alternate after deliberations began, though a violation of Fed.R.Crim.P. 24(c), was harmless error because the defendant suffered no prejudice.
• Vaden Williams v. State
  596 So. 2d 1202· Fla. 4th DCA· 1992-04-08
  The court affirmed the appellant's convictions and sentences, finding the issues raised by the dissent to be without merit.
• Bonneau v. United States
  961 F.2d 17· 1st Cir.· 1992-04-06
  A defendant deprived of their direct appeal due to counsel's dereliction is entitled to a new appeal without first showing a meritorious appellate issue.
• United States v. Ervin Jahue Blevins
  960 F.2d 1252· 4th Cir.· 1992-03-31
  The introduction of testimony that six non-testifying co-defendants pleaded guilty constituted error, but this error was harmless beyond a reasonable doubt.
• United States v. Davis
  958 F.2d 47· 4th Cir.· 1992-02-26
  A defendant who refuses to provide financial information cannot claim error in the denial of appointed counsel.
• Johnson v. Bart Ross
  955 F.2d 178· 2d Cir.· 1992-01-28
  Any error in admitting clothing identification was harmless beyond a reasonable doubt, making it unnecessary to decide the constitutional issue of taint.
• Melvin v. State
  592 So. 2d 356· Fla. 4th DCA· 1992-01-15
  Eric Melvin was convicted of second degree murder in the shooting death of Adrian Adderly and sentenced to twenty-two years imprisonment. The appellate court reversed and remanded for a new trial because the trial court improperly excluded evidence of the victim's reputation as a
• Mendyk v. State
  592 So. 2d 1076· Fla.· 1992-01-02
  Todd Mendyk appeals the denial of his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850 and petitions for habeas corpus following his conviction for first-degree murder, kidnapping, and sexual battery, and subsequent death sentence. The Florida Supr
• United States v. Grady A. Thomas
  953 F.2d 107· 4th Cir.· 1991-12-19
  The court held that excluding the defendant and his attorney from an in camera hearing to determine the waiver of attorney-client privilege violated the defendant's Sixth Amendment right to confrontation.
• Smith v. United States
  502 U.S. 1017· U.S.· 1991-12-16
• Pharr v. State
  590 So. 2d 535· Fla. 5th DCA· 1991-12-12
  The court held that using an incorrect scoresheet with triple points for prior offenses, which was later disapproved by the Florida Supreme Court, constitutes reversible error requiring resentencing.
• United States v. Parra-Ibanez
  951 F.2d 21· 1st Cir.· 1991-12-12
  The court held that the error in the Rule 11 proceedings was not harmless, vacating the judgment of conviction.
• Guillen v. State
  589 So. 2d 345· Fla. 1st DCA· 1991-11-06
  The court held that the trial court's inquiry into the State's discovery violation was sufficient under Richardson, despite the failure to hold a formal hearing, because the violation was not willful and did not prejudice the defendant's ability to prepare his defense.
• Dwon A. Kimble v. State
  588 So. 2d 312· Fla. 3d DCA· 1991-11-05
  Dwon Kimble was convicted of armed burglary, armed robbery, and attempted kidnapping based primarily on in-court identifications. The appellate court reversed because the trial court erred in excluding evidence about suggestive out-of-court identification procedures after the def