Harmless Error Doctrine

1,383 Florida cases classified under this topic, plus 1,569 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• State v. DiGUILIO
  491 So. 2d 1129· Fla.· 1986-07-17 ·cited 5009×·via Chapman Harmless Error Test
• Richardson v. State
  246 So. 2d 771· Fla.· 1971-03-31 ·cited 1704×
  The Florida Supreme Court reversed Richardson's arson conviction due to two prosecutorial errors: the State's failure to timely disclose a key witness's name (Dick Davis) in violation of discovery rules, and the State's prejudicial use of an accomplice witness (Grooms) who invoke
• Greater Boston Television Corp. v. Fed. Commc'ns Comm'n
  444 F.2d 841· D.C. Cir.· 1970-11-13 ·cited 777×
  The court affirmed the Federal Communications Commission's decision to grant a television license to Boston Broadcasters, Inc. (BBI) over WHDH, Inc., finding the Commission's decision was supported by reasoned analysis and substantial evidence.
• Traylor v. State
  596 So. 2d 957· Fla.· 1992-01-16 ·cited 651×·via Harmless Error Standard
  The Florida Supreme Court addressed whether confessions obtained during police interrogation violated the state constitutional rights against self-incrimination and to counsel, ultimately finding the Alabama confession was unlawfully obtained but the error was harmless, while app
• Clark v. State
  363 So. 2d 331· Fla.· 1978-07-28 ·cited 590×
  The Florida Supreme Court resolved a conflict between two district courts regarding whether a contemporaneous objection is required to preserve an improper comment on a defendant's right to remain silent as an issue on appeal. The Court held that a timely objection at trial is ne
• Goodwin v. State
  751 So. 2d 537· Fla.· 1999-12-16 ·cited 529×·via Chapman V. California Harmless Error Standard
  The Florida Supreme Court consolidated two cases to address whether section 924.051(7) of the Florida Statutes abrogated the harmless error analysis established in State v. DiGuilio. The Court held that the statute merely reaffirms existing harmless error standards and does not s
• Jollie v. State
  405 So. 2d 418· Fla.· 1981-07-30 ·cited 484×
  The Florida Supreme Court addressed a procedural jurisdictional issue arising from the 1980 constitutional amendment limiting its appellate authority, specifically whether it could review a per curiam affirmance (PCA) decision citing a case pending before or previously reversed b
• Shannon v. State
  335 So. 2d 5· Fla.· 1976-06-30 ·cited 473×
• Linroy Bottoson v. Moore
  833 So. 2d 693· Fla.· 2002-10-24 ·cited 352×·via Harmless Error Review
  Linroy Bottoson, a death row inmate with an active execution warrant, sought habeas corpus relief under the U.S. Supreme Court's Ring v. Arizona decision, which invalidated certain aspects of Arizona's capital sentencing statute. The Florida Supreme Court denied relief, finding t
• Reed v. State
  837 So. 2d 366· Fla.· 2002-12-19 ·cited 344×·via Harmless Error Review
  The Florida Supreme Court held that giving a jury instruction that defines 'maliciously' in aggravated child abuse cases using the incorrect legal standard (technical malice rather than actual malice) constitutes fundamental error when the malice element is disputed at trial, reg
• United States v. Varelli
  407 F.2d 735· 7th Cir.· 1969-02-11 ·cited 322×·via Harmless Error Rule
  The court held that the evidence was insufficient to prove a single overall conspiracy, and the defendants were prejudiced by being tried together for multiple conspiracies without proper jury instructions. Therefore, the convictions are voided.
• State v. Murray
  443 So. 2d 955· Fla.· 1984-01-12 ·cited 288×·via Harmless Error Rule
  Prosecutorial misconduct in closing arguments does not warrant automatic reversal unless the errors are so prejudicial as to vitiate the entire trial, and the harmless error rule must be applied.
• United States v. Mayo Perez
  489 F.2d 51· 5th Cir.· 1973-10-25 ·cited 276×·via Harmless Error Rule
  The court held that the evidence was sufficient to support a finding of a single conspiracy, and that joinder and severance rulings were within the trial court's discretion.
• Malcus T. Clemons v. United States
  408 F.2d 1230· D.C. Cir.· 1968-12-06 ·cited 266×·via Chapman V. California Harmless Error Standard
• Bennett v. State
  316 So. 2d 41· Fla.· 1975-07-15 ·cited 265×
  Albert Lee Bennett was convicted of arson in the third degree despite claiming alibi. The Florida Supreme Court reversed, finding that a prosecutor's witness improperly testified that Bennett had refused to sign a Miranda waiver, violating his Fifth Amendment privilege against se
• Scurry v. State
  489 So. 2d 25· Fla.· 1986-06-05 ·cited 221×·via Harmless Error Analysis In Sentencing
  Willie Scurry Jr. challenged his 30-year sentence for second-degree murder, arguing that the trial court improperly relied on invalid reasons to depart from sentencing guidelines. The Florida Supreme Court held that all thirteen reasons given by the trial court were either legall
• White Constr. Co., Inc. v. Dupont
  455 So. 2d 1026· Fla.· 1984-07-26 ·cited 218×
  Evidence of mechanical negligence alone—that a loader's brakes were not working and the operator was aware of this—is insufficient as a matter of law to submit the issue of punitive damages to a jury. Punitive damages require negligence of a gross and flagrant character evincing
• Ruiz v. Estelle
  679 F.2d 1115· 5th Cir.· 1982-06-23 ·cited 216×·via Harmless Error Rule
  The court held that while the district court correctly found constitutional violations regarding cruel and unusual punishment and due process, some of its remedial measures were overly broad and improperly considered state law. The court affirmed the district court's findings on
• United States v. Montos
  421 F.2d 215· 5th Cir.· 1970-01-22 ·cited 216×
  The court held that the defendant's pre-arrest statements were not the product of custodial interrogation and were admissible, and that his post-arrest statements and the evidence seized from his car were also admissible.
• Ford v. Strickland
  696 F.2d 804· 11th Cir.· 1983-01-07 ·cited 214×·via Harmless Error Rule
  The court held that the Florida Supreme Court's practice of considering non-record material on direct appeal in capital cases violates due process, and that failure to require full resentencing after invalidating aggravating factors is an error.
• Cooper v. Fitzharris
  586 F.2d 1325· 9th Cir.· 1978-12-01 ·cited 214×
  The Sixth Amendment requires reasonably competent and effective legal representation, and where ineffective assistance is based on specific trial acts or omissions, the defendant must demonstrate prejudice.
• United States v. Dayton
  604 F.2d 931· 5th Cir.· 1979-10-18 ·cited 213×·via Harmless Error Review
  Failure to strictly comply with Rule 11 does not automatically require vacating a guilty plea, and a harmless error standard should be applied to deviations from the rule.
• United States v. Silverstein
  732 F.2d 1338· 7th Cir.· 1984-04-26 ·cited 200×
• State v. Anderson
  905 So. 2d 111· Fla.· 2005-06-16 ·cited 199×·via Harmless Error Standard
  The Florida Supreme Court resolved a conflict between district courts regarding the appropriate harmless error standard for scoresheet calculation errors raised in post-conviction motions under Florida Rule of Criminal Procedure 3.850. The Court held that the "would-have-been-imp
• De Luna v. United States
  308 F.2d 140· 5th Cir.· 1962-08-15 ·cited 199×·via Harmless Error Rule
  The court held that counsel for a testifying co-defendant cannot comment on the failure of another co-defendant to testify, as this violates the latter's Fifth Amendment rights.
• Special v. W. Boca Med. Ctr.
  160 So. 3d 1251· Fla.· 2014-11-13 ·cited 194×·via Burden Of Proof For Harmless Error
  The Florida Supreme Court clarified the test for harmless error in civil appeals, holding that the beneficiary of an error must prove there is no reasonable possibility the error contributed to the verdict. Applying this test, the Court reversed a medical malpractice judgment and
• Hittson v. GDCP Warden
  759 F.3d 1210· 11th Cir.· 2014-07-09 ·cited 193×·via Brecht Harmless-Error Standard
  The concurrence agrees with the majority that the Georgia Superior Court's application of the Brecht harmless-error standard, rather than the Chapman standard, on state collateral review is irrelevant to federal habeas relief under AEDPA. The concurrence emphasizes that AEDPA req
• Salazar v. State
  991 So. 2d 364· Fla.· 2008-07-10 ·cited 190×·via Harmless Error Standard
  Neil Salazar appeals his conviction and death sentence for the first-degree murder of Evelyn Nutter. The Florida Supreme Court affirmed both the conviction and sentence, finding that Salazar was the mastermind behind a brutal home invasion and murder carried out by accomplice Jul
• Viverette v. Comm'r of Soc. Sec.
  13 F.4th 1309· 11th Cir.· 2021-09-21 ·cited 188×
  The Eleventh Circuit held that there is an apparent conflict between a residual functional capacity limited to simple, routine, and repetitive tasks and the demands of Level 3 reasoning, and that the ALJ's failure to address this conflict was not harmless error.
• McQUEEN v. Swenson
  498 F.2d 207· 8th Cir.· 1974-06-04 ·cited 183×·via Harmless Constitutional Error
  The court held that the petitioner's trial counsel's failure to conduct any pretrial investigation beyond interviewing the defendant constituted ineffective assistance of counsel, violating the Sixth and Fourteenth Amendments.
• McArthur Breedlove v. State
  413 So. 2d 1· Fla.· 1982-03-04 ·cited 178×·via Chapman V. California Harmless Error Standard
  McArthur Breedlove was convicted of first-degree murder, burglary, and theft arising from a home invasion and stabbing death, and sentenced to death. The Florida Supreme Court affirmed his conviction and death sentence, rejecting challenges based on Brady violations, suppression
• United States v. Robinson
  560 F.2d 507· 2d Cir.· 1977-07-28 ·cited 176×
• Duest v. Dugger
  555 So. 2d 849· Fla.· 1990-01-18 ·cited 172×·via Harmless Error Standard
  Lloyd Duest was convicted of first-degree murder and sentenced to death. The Florida Supreme Court reviewed his petition for habeas corpus and appeal from denial of postconviction relief, rejecting his claims that undisclosed evidence, a vacated prior conviction, and ineffective
• Davis v. State
  461 So. 2d 67· Fla.· 1984-10-04 ·cited 169×·via Harmless Error Rule (Chapman V. California)
  Allen Davis appeals his convictions for three counts of first-degree murder and three death sentences in a case involving the shooting and beating deaths of a woman and her two young daughters. The Florida Supreme Court affirms the convictions and sentences after reviewing Davis'
• United States v. Basurto
  497 F.2d 781· 9th Cir.· 1974-05-10 ·cited 169×·via Harmless Error Rule (Chapman V. California)
  The court held that federal prosecutors have a duty, under the court's supervisory power, to notify the grand jury when an indictment is based on perjured testimony.
• Farrow v. United States
  580 F.2d 1339· 9th Cir.· 1978-08-31 ·cited 167×
  The dissenting opinion argues that the district court erred by following the Lipscomb procedure, which improperly assesses sentence appropriateness rather than whether the sentence would have been different absent invalid prior convictions.
• Smith v. State
  500 So. 2d 125· Fla.· 1986-12-24 ·cited 166×·via Harmless Error Rule
  A trial court's failure to conduct a Richardson inquiry into a prosecution's discovery violation constitutes per se reversible error, even where the court might ultimately find the violation harmless. The defendant must be afforded a hearing to demonstrate prejudice from the undi
• United States v. Decoster
  624 F.2d 196· D.C. Cir.· 1976-10-19 ·cited 165×·via Harmless Error Rule
  The court held that while a defendant must demonstrate a substantial breach of duty by counsel, the government bears the burden of proving lack of prejudice if the breach is established.
• Brooks v. State
  918 So. 2d 181· Fla.· 2005-06-23 ·cited 158×·via Burden Of Proof For Harmless Error
  This case involves Lamar Brooks' appeal of his conviction and death sentences for the first-degree murders of Rachel Carlson and her infant daughter, Alexis Stuart. This is Brooks' second appeal after his initial conviction was reversed in 2001 due to erroneous hearsay testimony.
• State v. Marshall
  476 So. 2d 150· Fla.· 1985-08-30 ·cited 157×
  The Florida Supreme Court held that prosecutors' comments on a defendant's failure to testify constitute error but may be reviewed under the harmless error doctrine rather than resulting in automatic reversal. The Court overruled its prior precedent requiring per se reversal and
• Salvatore v. State
  366 So. 2d 745· Fla.· 1978-09-07 ·cited 154×·via Harmless Error Rule
  Michael Salvatore was convicted of first-degree murder and conspiracy to commit murder in the brutal killing of business associate Burt DeWitt. The Florida Supreme Court affirmed his death sentence, rejecting challenges regarding mistrial, evidence suppression, jury composition,
• United States v. Annunziato
  293 F.2d 373· 2d Cir.· 1961-07-26 ·cited 154×
  The court held that certain hearsay statements were admissible as declarations of intent or co-conspirator statements, and that the failure to produce an FBI interview report constituted harmless error.
• Haygood v. State
  109 So. 3d 735· Fla.· 2013-02-14 ·cited 150×·via Harmless Error Review
  Jeremy Haygood was convicted of second-degree murder for fatally beating his girlfriend. The Florida Supreme Court held that giving an erroneous jury instruction on manslaughter by act—requiring proof of intent to kill—constituted fundamental error, even though the jury was also
• COX v. State
  819 So. 2d 705· Fla.· 2002-05-23 ·cited 146×·via Harmless Error Standard
  Allen Ward Cox was convicted of first-degree murder and sentenced to death for stabbing inmate Thomas Baker to death in a prison facility after accusing Baker of stealing $500 from his footlocker. The Florida Supreme Court affirmed Cox's conviction and death sentence, rejecting t
• State v. Thewell Eugene Hamilton
  574 So. 2d 124· Fla.· 1991-01-17 ·cited 145×·via Chapman Harmless Error Test
  The Florida Supreme Court reversed a trial court's order granting a new penalty phase in a capital case, holding that unauthorized automobile magazines in the jury room during deliberations did not warrant reversal under a harmless error analysis. The Court adopted the Fifth Circ
• Harris v. State
  438 So. 2d 787· Fla.· 1983-09-08 ·cited 143×·via Harmless Error Rule
  Theodore Harris was convicted of first-degree murder, burglary with assault, and robbery of a 73-year-old woman. He appealed arguing his confession was involuntary and his trial contained procedural errors. The Florida Supreme Court affirmed the convictions and death sentence, fi
• Baker v. United States
  401 F.2d 958· D.C. Cir.· 1968-08-09 ·cited 143×·via Harmless Error Rule
  The court affirmed the conviction, finding no reversible error in the jury selection, severance denials, or joinder of counts.
• Bailey v. United States
  389 F.2d 305· D.C. Cir.· 1967-12-14 ·cited 140×·via Chapman V. California Harmless Error Standard
  The court affirmed the convictions, finding that the discovery of the stolen wallet provided probable cause for the search, and that probable cause for arrest justifies a vehicle search even if the arrest occurs after the search.
• United States v. Gipson
  553 F.2d 453· 5th Cir.· 1977-06-06 ·cited 138×·via Chapman V. California Harmless Error Standard
  A federal defendant's right to a unanimous jury verdict is violated if the jury is instructed that it can convict based on disagreement as to which of several distinct prohibited acts, falling into different conceptual groupings, the defendant committed.
• Lamb v. Jernigan
  683 F.2d 1332· 11th Cir.· 1982-08-23 ·cited 135×·via Harmless Error Rule
  The court held that while a jury instruction on malice may have unconstitutionally shifted the burden of proof, the error was harmless beyond a reasonable doubt due to overwhelming evidence of guilt.