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

• Ferguson v. Singletary
  632 So. 2d 53· Fla.· 1993-12-09 ·cited 72×
  John Errol Ferguson, sentenced to death for eight murders, petitions for habeas corpus relief on four grounds: improper resentencing by substitute judge, vague jury instructions on heinous aggravator, involuntary medication during trial, and ineffective appellate counsel. The Flo
• United States v. Serrano
  870 F.2d 1· 1st Cir.· 1989-03-01 ·cited 72×
  The court held that Serrano and Boscio's convictions were supported by sufficient evidence, but Stamps' conviction was tainted by inadmissible hearsay, requiring a new trial.
• United States v. Bennett
  848 F.2d 1134· 11th Cir.· 1988-07-07 ·cited 72×·via Harmless Error Rule (Chapman V. California)
  The court held that the admission of William Bennett's prior drug smuggling convictions was proper under Rule 404(b) and Rule 403, and that the use of a single interpreter for multiple Spanish-speaking defendants did not violate their statutory or constitutional rights. The court
• United States v. Wood
  834 F.2d 1382· 8th Cir.· 1987-11-25 ·cited 72×
  The majority opinion, which the dissent disagrees with, affirmed the sentence enhancement on Count I, while the dissent argues that the jury's not guilty verdict on Count III, combined with the jury instructions, means no finding was made as to the amount of cocaine, thus preclud
• United States v. Williams
  798 F.2d 1024· 7th Cir.· 1986-08-15 ·cited 72×
  The court reversed Debbie Williams' conspiracy conviction due to insufficient evidence but affirmed convictions for David Williams and Wayne Russell.
• Budd v. State
  477 So. 2d 52· Fla. 2d DCA· 1985-10-23 ·cited 72×
  Jerry Budd appeals his conviction for misdemeanor battery, a lesser included offense of sexual battery. The Florida appellate court affirmed the conviction, rejecting multiple challenges to the charging process, jury instructions, and sufficiency of evidence.
• United States v. Warner
  690 F.2d 545· 6th Cir.· 1982-09-13 ·cited 72×
  The court held that a fatal variance existed between the indictment charging a single conspiracy and the proof showing multiple conspiracies, requiring reversal of the conspiracy conviction. The court also found that the prejudicial spillover from the conspiracy evidence required
• Dickerson v. State OF Ala.
  667 F.2d 1364· 11th Cir.· 1982-02-16 ·cited 72×·via Harmless Error Rule
  The court held that the denial of a continuance to secure an alibi witness, a police officer, violated the defendant's Sixth and Fourteenth Amendment rights to compulsory process.
• Keel v. United States
  585 F.2d 110· 5th Cir.· 1978-11-30 ·cited 72×
  The court affirmed the denial of the petitioner's motion, finding the government met its burden of proving the Rule 11 noncompliance was not a material factor in the petitioner's guilty plea.
• United States v. Monroe
  552 F.2d 860· 9th Cir.· 1977-02-22 ·cited 72×·via Harmless Error Doctrine
  The court held that the republication of controlled substance schedules was sufficient, the evidence supported the conspiracy conviction, the insanity defense was properly rejected, prosecutorial misconduct claims were either valid but harmless or denied, and the concurrent sente
• United States v. Warner
  428 F.2d 730· 8th Cir.· 1970-06-08 ·cited 72×·via Harmless Error Doctrine
  The court held that the trial court's cursory examination was insufficient to ensure an intelligent and knowing waiver of counsel.
• Brulay v. United States
  383 F.2d 345· 9th Cir.· 1967-08-09 ·cited 72×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that evidence seized by Mexican officials is admissible in a U.S. court, and statements made to foreign officials are admissible if voluntary under Fifth Amendment standards, even if obtained during prolonged interrogation.
• Massey v. State
  609 So. 2d 598· Fla.· 1992-12-03 ·cited 71×
  The Florida Supreme Court held that failure to strictly comply with statutory notice requirements for habitual offender sentencing may constitute harmless error if the defendant had actual notice and suffered no prejudice. The court approved the District Court of Appeal's decisio
• United States v. Julita De Parias
  805 F.2d 1447· 11th Cir.· 1986-12-15 ·cited 71×
  The court held that federal jurisdiction existed under the Hobbs Act, and that limitations on cross-examination, admission of photographs, evidence of flight, co-defendant statements, and compelled hair samples were not reversible error.
• United States v. Costa
  691 F.2d 1358· 11th Cir.· 1982-11-22 ·cited 71×
  The court held that the defendant's conviction for possession of cocaine with intent to distribute and conspiracy to possess cocaine with intent to distribute is affirmed, finding no reversible error in the evidentiary rulings or the ineffective assistance of counsel claim.
• Davis v. State OF Ala.
  596 F.2d 1214· 5th Cir.· 1979-06-13 ·cited 71×·via Harmless Error Doctrine
  The court held that defense attorneys' failure to investigate and develop potential insanity defense evidence constituted ineffective assistance of counsel.
• United States v. Robinson
  546 F.2d 309· 9th Cir.· 1976-11-18 ·cited 71×
  The court held that the district court did not err in denying motions for a change of venue, in limiting cross-examination, or in its jury instructions regarding reasonable doubt, and that the destruction of FBI interview notes was harmless error. The evidence was sufficient to c
• Ault v. State
  866 So. 2d 674· Fla.· 2003-11-06 ·cited 70×
  Howard Steven Ault was convicted of two counts of first-degree murder, sexual battery, kidnapping, and child abuse in the deaths of two young sisters. The Florida Supreme Court affirmed his convictions but vacated his two death sentences and remanded for a new penalty phase proce
• Lawrence v. State
  846 So. 2d 440· Fla.· 2003-03-20 ·cited 70×
  Jonathan Huey Lawrence was convicted of first-degree murder in the killing of Jennifer Robinson. The Florida Supreme Court affirmed his death sentence, rejecting challenges to the trial court's sentencing findings and the proportionality of the capital penalty.
• Lenard James Philmore v. State
  820 So. 2d 919· Fla.· 2002-05-30 ·cited 70×
  Lenard James Philmore was convicted of first-degree murder and sentenced to death for the November 14, 1997 killing of Kazue Perron during a carjacking and robbery. The Florida Supreme Court affirmed his convictions and death sentence, rejecting challenges to his statements, jury
• Davis v. State
  804 So. 2d 400· Fla. 4th DCA· 2001-10-03 ·cited 70×
  Antoinette Davis appeals her convictions for trafficking in cocaine and conspiracy to traffic in cocaine, arguing the trial court gave inaccurate and misleading jury instructions regarding the elements of the charged offenses and the entrapment defense. The court found the entrap
• Wilding v. State
  674 So. 2d 114· Fla.· 1996-05-16 ·cited 70×
  Neil Wilson Wilding was convicted of first-degree murder, sexual battery, and burglary and sentenced to death. The Florida Supreme Court reversed and remanded for a new trial due to jury misconduct, admission of prejudicial hearsay evidence regarding an anonymous tip, and testimo
• Flanagan v. State
  586 So. 2d 1085· Fla. 1st DCA· 1991-07-19 ·cited 70×
  Dennis Flanagan was convicted of sexually battering his mentally retarded 9-year-old daughter and sentenced to life imprisonment. This appeal challenges the admission of the child victim's statements to her examining physician regarding her father's identity as the abuser, expert
• Minority Emps. OF THE Tenn. Dep't OF Emp. Sec. v. State OF Tenn.
  901 F.2d 1327· 6th Cir.· 1990-04-26 ·cited 70×
  The court holds that the notice of appeal was not sufficiently clear to include all plaintiffs, despite the dissent's view. The majority opinion provides clearer guidance for future cases.
• United States v. Morales
  868 F.2d 1562· 11th Cir.· 1989-04-06 ·cited 70×
  The court held that the initial joinder of defendants in the indictment was proper under Rule 8(b) and that the denial of severance motions under Rule 14 was not an abuse of discretion, as no compelling prejudice was demonstrated.
• United States v. Wallace
  848 F.2d 1464· 9th Cir.· 1988-05-26 ·cited 70×
  The court held that the district court erred in admitting Wallace's prior heroin conviction for impeachment and that the government's concession regarding Jencks Act notes required remand.
• United States v. Pirovolos
  844 F.2d 415· 7th Cir.· 1988-04-06 ·cited 70×
  The court held that while admitting evidence of prior convictions was an error, it was harmless given the overwhelming evidence. Cross-examination on other gun incidents at the restaurant was permissible.
• United States v. Becton
  751 F.2d 250· 8th Cir.· 1984-12-27 ·cited 70×
  The court held that the evidence was sufficient to support the continuing criminal enterprise (CCE) conviction and the first Travel Act conviction, but not the second Travel Act conviction. The court also found no reversible error in evidentiary rulings or indictment defects.
• United States v. Singer
  660 F.2d 1295· 8th Cir.· 1981-10-05 ·cited 70×
  The court affirmed the convictions, holding that while the admission of a ten-year-old prior conviction was an abuse of discretion, it was harmless error, and that the denial of motions for acquittal and severance was proper.
• United States v. Fleming
  594 F.2d 598· 7th Cir.· 1979-02-13 ·cited 70×·via Harmless Error Rule (Chapman V. California)
  The court held that the admission of interlocking confessions from co-defendants was not a Bruton violation, and any error was harmless given the overwhelming evidence. However, for one defendant, the admission of co-defendants' confessions was prejudicial and warranted a new tri
• United States v. Smith
  578 F.2d 1227· 8th Cir.· 1978-05-17 ·cited 70×
  The court held that the admission of certain tape-recorded statements, even if inadmissible, constituted harmless error beyond a reasonable doubt with respect to Leonard Smith's conviction.
• Gilford v. State
  313 So. 2d 729· Fla.· 1975-04-09 ·cited 70×·via Harmless Error Rule
  The Florida Supreme Court held that a trial court properly refused to instruct the jury on a lesser included offense (petit larceny) when the evidence presented supported only the greater offense (felony breaking and entering with intent to commit grand larceny). The Court clarif
• United States v. Brown
  451 F.2d 1231· 5th Cir.· 1971-11-23 ·cited 70×·via Harmless Error Rule
  The court held that admitting documents summarizing the government's case to the jury, allowing testimony about defendants being on a 'primary target list,' and permitting the prosecutor to vouch for a witness's credibility constituted reversible error.
• United States v. Meisch
  370 F.2d 768· 3d Cir.· 1966-12-30 ·cited 70×
  The court concurred in reversing the judgment and awarding a new trial, and specifically addressed the impropriety of a prosecutor stating their personal conviction of the defendant's guilt.
• United States v. Hornstein
  176 F.2d 217· 7th Cir.· 1949-06-28 ·cited 70×·via Harmless Error Doctrine
  The court held that the jury was warranted in finding the defendant willfully attempted to evade taxes, and that any errors concerning one count were not prejudicial due to the sentence imposed.
• Castro v. State
  644 So. 2d 987· Fla.· 1994-09-08 ·cited 69×
  Edward Castro was convicted of first-degree murder and sentenced to death. After two prior death sentences were overturned on appeal due to procedural errors, Castro was resentenced to death following a new penalty hearing. The Florida Supreme Court affirmed the death sentence, f
• Hayes v. State
  581 So. 2d 121· Fla.· 1991-05-23 ·cited 69×
  Tony Leon Hayes was convicted of first-degree murder and other offenses in the shooting death of taxicab driver Thomas Pabst during a robbery in Daytona Beach in 1988. The Florida Supreme Court affirmed his convictions and death sentence, finding that trial errors were harmless b
• United States v. Rivera
  900 F.2d 1462· 10th Cir.· 1990-04-04 ·cited 69×·via Harmless Error Rule
  The court held that while there were trial errors, the cumulative effect did not warrant reversal due to a lack of demonstrated prejudice. Resentencing is necessary.
• Columbia Basin Land Prot. Ass'n v. Schlesinger
  643 F.2d 585· 9th Cir.· 1981-04-20 ·cited 69×·via Harmless Error Doctrine
  The court held that the majority opinion erred in deciding moot issues and in its interpretation of NEPA and FLPMA.
• United States v. Partin
  493 F.2d 750· 5th Cir.· 1974-05-06 ·cited 69×·via Harmless Error Doctrine
  The court held that the exclusion of evidence regarding the total financial benefits paid to material witnesses and the failure to provide specific jury instructions on the impeachment of witnesses constituted reversible error.
• Stump v. Bennett
  398 F.2d 111· 8th Cir.· 1968-06-27 ·cited 69×
• United States v. Shue
  766 F.2d 1122· 7th Cir.· 1985-07-08 ·cited 68×
  The government's comments on the defendant's post-arrest silence violated due process under Doyle v. Ohio, and this constitutional error was not harmless beyond a reasonable doubt for the counts relying on the accomplice's testimony.
• United States v. Fielding
  645 F.2d 719· 9th Cir.· 1981-05-18 ·cited 68×·via Harmless Error Doctrine
  The court held that the admission of out-of-court statements by alleged co-conspirators, which were not made in furtherance of the conspiracy, constituted reversible error under the hearsay rule.
• United States v. Burton
  584 F.2d 485· D.C. Cir.· 1978-07-28 ·cited 68×·via Harmless Error Doctrine
  The court held that the trial court abused its discretion by denying a continuance based on the defendant's desire to retain new counsel, particularly when the withdrawal of the original counsel was due to circumstances beyond the defendant's control.
• United States v. Sol Mayer
  556 F.2d 245· 5th Cir.· 1977-07-20 ·cited 68×·via Harmless Error Doctrine
  The court held that the district court's undue restriction of the defendant's cross-examination of key prosecution witnesses, concerning their motivation for testifying, violated the defendant's Sixth Amendment right to confront witnesses, and this error, compounded by a jury ins
• United States v. Hoffman
  415 F.2d 14· 7th Cir.· 1969-07-18 ·cited 68×·via Harmless Error Doctrine
  The court held that evidence of prior transactions was admissible to prove intent and motive, the court properly handled juror publicity, instructions were adequate, cross-examination was proper, prosecutorial argument was harmless error, and sentencing was permissible, though re
• Truehill v. State
  211 So. 3d 930· Fla.· 2017-02-23 ·cited 67×·via Harmless Error Review
  Quentin Truehill was convicted of the kidnapping and murder of Vincent Binder during a multi-state crime spree and sentenced to death. The Florida Supreme Court affirmed his convictions and death sentence, addressing various appellate claims including jury selection, evidence adm
• Jackson v. State
  25 So. 3d 518· Fla.· 2009-09-24 ·cited 67×
  Ray Jackson was convicted of first-degree murder and kidnapping in the death of Pallis Paulk, whom he kidnapped in retribution for stealing his drugs and money, and sentenced to death. The Florida Supreme Court affirmed the conviction and death sentence, finding sufficient eviden
• Evans v. State
  800 So. 2d 182· Fla.· 2001-10-11 ·cited 67×
  Steven Evans appeals his conviction for first-degree murder and death sentence in the execution-style killing of Kenneth Lewis during a botched home invasion robbery. The Florida Supreme Court affirmed both the conviction and death sentence, rejecting Evans' challenges to his com
• United States v. Petty
  798 F.2d 1157· 8th Cir.· 1986-08-15 ·cited 67×
  The court held that a prior conviction under New York law, even if arising from a single indictment and resulting in concurrent sentences, can count as multiple convictions for sentence enhancement purposes if it involved multiple victims. The court also held that initiating the