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

• Solomon v. United States
  408 F.2d 1306· D.C. Cir.· 1969-02-12 ·cited 34×·via Harmless Constitutional Error
  The court held that even if identification testimony was improperly admitted, the error was harmless beyond a reasonable doubt due to overwhelming evidence of guilt.
• United States ex rel. Frank Chambers v. Maroney
  408 F.2d 1186· 3d Cir.· 1969-01-22 ·cited 34×·via Harmless Error Rule
  The court held that while belated appointment of counsel creates a prima facie case of ineffectiveness, the record contained sufficient affirmative proof to rebut the presumption of prejudice, thus no evidentiary hearing was required.
• Lockett v. United States
  390 F.2d 168· 9th Cir.· 1968-01-03 ·cited 34×
  The dissenting judge would remand for a new trial, finding the warrantless search unreasonable and the admission of its fruits not harmless error.
• Retail Clerks Int'l Ass'n, AFL-CIO v. Nat'l Labor Relations Bd.
  366 F.2d 642· D.C. Cir.· 1966-08-16 ·cited 34×
  The court held that the National Labor Relations Board (NLRB) was warranted in finding that International Representatives, Council Organizers, and Local 880 business agents are employees under the National Labor Relations Act, and that the revocation of a subpoena was harmless er
• Lash v. United States
  221 F.2d 237· 1st Cir.· 1955-04-07 ·cited 34×
  The court affirmed the conviction, holding that the defendant's absence during the questioning of a juror was harmless error and that other alleged errors were insubstantial.
• Atl. Coast Line R. Co. v. Burkett
  192 F.2d 941· 5th Cir.· 1951-11-16 ·cited 34×·via Federal Rule Of Civil Procedure 61 (Harmless Error)
  The court held that the trial court's jury instructions, when considered as a whole, were not erroneous or confusing, and the verdict was not excessive.
• Tundidor v. State
  221 So. 3d 587· Fla.· 2017-04-27 ·cited 33×·via Harmless Error Review
  Randy Tundidor was convicted of first-degree murder, attempted murder, armed kidnapping, burglary, robbery, and arson for orchestrating a home invasion and murder of his landlord Joseph Morrissey in April 2010. The Florida Supreme Court affirmed his death sentence and first-degre
• Melton v. State
  949 So. 2d 994· Fla.· 2006-11-30 ·cited 33×·via Harmless Error Standard
  Antonio Melton appeals the denial of his Rule 3.850 motion seeking postconviction relief and petitions for a writ of habeas corpus in this Florida capital case. Melton was convicted of first-degree felony murder and armed robbery in the death of George Carter during a pawn shop r
• McKENZIE v. State
  830 So. 2d 234· Fla. 4th DCA· 2002-11-13 ·cited 33×
  Joyce McKenzie appealed her conviction for possession of cocaine and drug paraphernalia (crack cocaine pipe). The court affirmed the cocaine conviction but reversed and remanded for a new trial on the drug paraphernalia charge due to a misleading jury instruction and prosecutoria
• United States v. Limmie Lee Killough
  848 F.2d 1523· 11th Cir.· 1988-07-12 ·cited 33×
  The court held that the government was not estopped from bringing a civil action due to an alleged compromise agreement, as the Assistant U.S. Attorney lacked the authority to make such an agreement. Furthermore, the admission of guilty pleas was proper, and the trial judge's act
• United States v. Torres
  809 F.2d 429· 7th Cir.· 1987-01-15 ·cited 33×
  The court held that while a prosecutor's invocation of his oath was improper, it did not deprive the defendant of a fair trial, and the invited response doctrine was not applicable.
• Erineo Acensio v. State
  497 So. 2d 640· Fla.· 1986-10-30 ·cited 33×·via Harmless Error Rule
  The court held that the district court erred in affirming the conviction because the trial court improperly denied a jury instruction on battery, a lesser included offense of aggravated battery, and the harmless error analysis was based on a faulty premise regarding verdict forms
• Alphonso Prosperty Smith v. State
  479 So. 2d 804· Fla. 1st DCA· 1985-12-10 ·cited 33×
  Alphonso Smith was convicted of burglary and sexual battery following a jury trial. The appellate court affirmed the convictions but reversed the sentences due to the trial court's reliance on multiple invalid sentencing factors, remanding for resentencing.
• Whitfield v. State
  479 So. 2d 208· Fla. 4th DCA· 1985-11-27 ·cited 33×·via Harmless Error Rule
  Darrell Whitfield appeals his conviction and sentence for armed robbery, attempted robbery, and aggravated assault. The Fourth District Court of Appeal affirms the convictions but reverses the sentence, requiring the trial court to prepare a written sentencing guidelines scoreshe
• United States v. Rollie Blankenship
  746 F.2d 233· 5th Cir.· 1984-10-29 ·cited 33×·via Chapman V. California Harmless Error Standard
  The court held that the evidence was sufficient to support the mail fraud conviction, the jury instructions were not plainly erroneous, and the cross-examination regarding the defendant's silence was permissible.
• United States v. Hoffman
  733 F.2d 596· 9th Cir.· 1984-02-14 ·cited 33×·via Harmless Error Rule
  The court held that disbarment in one state does not automatically render counsel ineffective in another, and the Cooper standard for harmless error is appropriate for evaluating such claims.
• United States v. Washington
  705 F.2d 489· D.C. Cir.· 1983-04-15 ·cited 33×
  The court held that while the defendant's right to be present during a portion of the voir dire was violated, this error was harmless beyond a reasonable doubt, and other grounds for appeal were without merit.
• United States v. Ullrich
  580 F.2d 765· 5th Cir.· 1978-09-20 ·cited 33×
  The court held that the search incident to the arrest was valid, the admission of government exhibits was proper, and any error in the in-court lineup was harmless, affirming the conviction.
• United States v. Rowan
  518 F.2d 685· 6th Cir.· 1975-07-11 ·cited 33×
  The court affirmed convictions, finding no reversible error in evidentiary rulings, jury procedures, or jury instructions, and holding that any errors were harmless beyond a reasonable doubt.
• United States v. Taylor
  508 F.2d 761· 5th Cir.· 1975-02-21 ·cited 33×·via Harmless Error Rule
  The admission of a co-defendant's statement implicating the defendant, in violation of a prior agreement and the Sixth Amendment's Confrontation Clause, constitutes reversible error unless harmless beyond a reasonable doubt. A defendant does not 'open the door' to such evidence i
• United States v. Nooks
  446 F.2d 1283· 5th Cir.· 1971-05-19 ·cited 33×
  The court held that the search of the automobile was reasonable and its fruits admissible because probable cause existed at the time of the search, and any potential issue with the initial arrest was attenuated by subsequent events.
• United States v. ROY
  855 F.3d 1133· 11th Cir.· 2017-04-26 ·cited 32×·via Harmless Error Review
  The concurring opinion agrees with the majority that the error in Roy's case was harmless, but disagrees with the majority's framework for evaluating claims involving counsel's absence during the taking of directly inculpatory evidence. The concurring judge argues that the absenc
• State v. Nestor R. Ramos
  579 So. 2d 360· Fla. 4th DCA· 1991-05-15 ·cited 32×·via Harmless Error Rule
  The Fourth District Court of Appeal reversed Nestor Ramos's cocaine trafficking and conspiracy convictions, finding prosecutorial misconduct and improper admission of evidence regarding his prior conduct. The court held that the prosecutor's closing arguments and references to an
• Lancaster v. Lanson Newsome
  880 F.2d 362· 11th Cir.· 1989-08-10 ·cited 32×·via Harmless Error Review
  The court held that the unconstitutional jury instruction regarding intent was harmless error because the evidence overwhelmingly established the defendant's intent to kill, and that Brady claims were procedurally defaulted.
• United States v. Kane
  876 F.2d 734· 9th Cir.· 1989-05-25 ·cited 32×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the government has the right to appeal the defendant's sentence and that remanding for resentencing under the guidelines does not violate the Double Jeopardy Clause.
• United States v. Clemente Hernandez-Bermudez
  857 F.2d 50· 1st Cir.· 1988-09-26 ·cited 32×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that even if admitting evidence of the defendant's flight was an abuse of discretion, it did not prejudice the defendant's substantial rights, and therefore the conviction is affirmed.
• Specht v. Jensen
  853 F.2d 805· 10th Cir.· 1988-08-03 ·cited 32×
  An attorney, called as an expert witness, cannot state his views of the law governing the verdict or opine whether a defendant's conduct violated that law, as such testimony is beyond the scope of Fed.R.Evid. 702 and usurps the court's function.
• Owen v. State OF Ala.
  849 F.2d 536· 11th Cir.· 1988-07-13 ·cited 32×
  The court held that the admission of Owen's confession, obtained in violation of Miranda and Edwards, was not harmless error because it was the primary evidence of intent to kill and undermined the insanity defense.
• United States v. Gregorio Manriquez Arbizo
  833 F.2d 244· 10th Cir.· 1987-11-13 ·cited 32×
  The court held that the trial court did not abuse its discretion in limiting closing arguments, that a prosecutor's improper comment was harmless error, and that the jury instruction on deliberate ignorance was appropriate and sufficiently explained.
• Green v. Am. Airlines, Inc.
  804 F.2d 453· 8th Cir.· 1986-10-29 ·cited 32×·via Harmless Error Rule
  The court affirmed the district court's judgment, finding no abuse of discretion in evidentiary rulings or the denial of a new trial.
• United States v. LeFEVOUR
  798 F.2d 977· 7th Cir.· 1986-08-14 ·cited 32×
  The court held that the trial judge did not err in excluding defense evidence or admitting prosecution evidence, and that the trial was fair despite defense counsel's tactics.
• United States ex rel. Charles "Chuck" Miller v. Greer
  789 F.2d 438· 7th Cir.· 1986-04-09 ·cited 32×·via Harmless Error Standard
  The court should affirm the district court's judgment because the prosecutor's improper inquiry did not affect the verdict and was harmless error.
• United States v. McDANIEL
  773 F.2d 242· 8th Cir.· 1985-09-23 ·cited 32×·via Harmless Error Review
  The court held that statements by alleged coconspirators were properly admitted under the coconspirator hearsay exception and did not violate the Confrontation Clause, and that evidence of other crimes and seized items was also admissible.
• United States v. Eisenstein
  731 F.2d 1540· 11th Cir.· 1984-05-14 ·cited 32×
  The court held that the erroneous exclusion of evidence regarding the appellants' good faith reliance on advice of counsel required reversal of their convictions.
• United States v. Feroni
  655 F.2d 707· 6th Cir.· 1981-07-28 ·cited 32×·via Harmless Error Rule
  The court held that 18 U.S.C. § 2113(b) does not encompass takings by false pretenses, only common law larceny. It also held that a defendant cannot claim reversible error from the failure to give a cautionary instruction if they declined the trial court's offer to provide one.
• Weddell v. Meierhenry
  636 F.2d 211· 8th Cir.· 1980-12-11 ·cited 32×
  The court held that the crimes were not committed in 'Indian Country,' prosecutorial remarks were not grounds for relief, and an illegal arrest does not void a conviction.
• United States v. Osban Caston
  615 F.2d 1111· 5th Cir.· 1980-04-24 ·cited 32×·via Harmless Error Standard
  The court held that minor omissions in advising a defendant of rights before accepting a guilty plea, and imposing consecutive sentences for distinct statutory violations, do not warrant reversal if the errors are harmless.
• United States v. Dominguez
  615 F.2d 1093· 5th Cir.· 1980-04-23 ·cited 32×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court affirmed the conviction, holding that the trial court did not abuse its discretion in excusing a juror, the search warrant affidavit was sufficient, and the insanity issue was not properly preserved for appeal.
• Green v. Loggins
  614 F.2d 219· 9th Cir.· 1980-02-25 ·cited 32×·via Chapman V. California Harmless Error Standard
  An accidental pre-trial encounter between an accused and a witness can support a federal habeas corpus claim if the encounter was unnecessarily suggestive and undermined the reliability of the subsequent identification.
• United States v. Bettencourt
  614 F.2d 214· 9th Cir.· 1980-02-22 ·cited 32×·via Harmless Error Standard
  The court held that the erroneous admission of evidence concerning a prior expunged arrest was harmless error given the overwhelming evidence of guilt, and that the jury instructions correctly tracked the statutory language.
• United States v. Gigax
  605 F.2d 507· 10th Cir.· 1979-08-13 ·cited 32×·via Chapman V. California Harmless Error Standard
  The court held that the trial judge did not err in failing to recuse himself, in handling juror communications, or in denying standby counsel, and that the conviction was not tainted by prejudicial publicity.
• United States v. Gresham
  585 F.2d 103· 5th Cir.· 1978-11-27 ·cited 32×
  The court held that a conviction for interstate transportation of a stolen motor vehicle cannot be sustained solely on the defendant's confession without independent evidence proving the corpus delicti (that the vehicle was stolen).
• United States v. Cavender
  578 F.2d 528· 4th Cir.· 1978-06-07 ·cited 32×·via Harmless Error Standard
  The court held that Federal Rule of Evidence 609(b) requires a district court to make specific findings, supported by articulated facts and circumstances, that the probative value of a conviction more than ten years old substantially outweighs its prejudicial effect before admitt
• Cooper v. Fitzharris
  551 F.2d 1162· 9th Cir.· 1977-04-11 ·cited 32×·via Harmless Error Rule
  The court held that once a petitioner establishes ineffective assistance of counsel, the conviction must be reversed without regard to prejudice, and the harmless error rule does not apply to Sixth Amendment right to counsel violations.
• United States v. Killer
  534 F.2d 1253· 8th Cir.· 1976-04-16 ·cited 32×
  The court held that while a jury instruction stating a confession was voluntary was erroneous, it was harmless error in this case. It also held that evidence of the defendant's ownership of other firearms was relevant and admissible.
• Sec. Mut. Cas. Co. v. Bleemer
  327 So. 2d 885· Fla. 3d DCA· 1976-02-03 ·cited 32×
  The appellate court affirmed the trial court's judgment, holding that a settlement amount from a prior accident should not be set off against a jury verdict in a subsequent accident case when the damages could not be apportioned.
• LEE v. State
  318 So. 2d 431· Fla. 4th DCA· 1975-07-31 ·cited 32×·via Harmless Error Rule
  A defendant convicted of heroin possession and sale appealed the trial court's exclusion of testimony about a pending robbery charge against the State's paid informant witness. The Florida District Court of Appeal held that the defendant had a constitutional right to cross-examin
• Egger v. United States
  509 F.2d 745· 9th Cir.· 1975-01-02 ·cited 32×·via Chapman V. California Harmless Error Standard
  The court held that a defendant's failure to object to alleged constitutional errors at trial generally waives the right to raise them in a collateral attack, unless the errors are so fundamental as to deny a fair trial.
• United States v. Augustine Ferrone
  438 F.2d 381· 3d Cir.· 1971-02-17 ·cited 32×
  A person does not have a right to forcibly resist the execution of a search warrant, even if it is later found invalid, due to society's interest in orderly dispute resolution and minimizing violence.
• United States v. Jackson
  429 F.2d 1368· 7th Cir.· 1970-07-22 ·cited 32×
  The court held that while the admission of statements obtained without Miranda warnings was error, it was harmless beyond a reasonable doubt due to overwhelming independent evidence of guilt.