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

• United States v. Tucker
  716 F.2d 576· 9th Cir.· 1983-09-07 ·cited 24×·via Chapman V. California Harmless Error Standard
  The court held that the defendant was denied his Sixth Amendment right to effective assistance of counsel due to his attorney's incompetence, which prejudiced his defense.
• Tacoronte v. State
  419 So. 2d 789· Fla. 3d DCA· 1982-09-28 ·cited 24×
  Felix Tacoronte was convicted of second-degree murder and unlawful firearm possession following a jury trial. On appeal, he challenged three evidentiary and prosecutorial issues, but the appellate court affirmed his conviction, finding no reversible error based on the overwhelmin
• Wade v. Franzen
  678 F.2d 56· 7th Cir.· 1982-05-18 ·cited 24×
  The court held that the district court must review the trial record to determine if the defendant was denied effective assistance of counsel and whether any such error was harmless.
• United States v. Smith
  635 F.2d 411· 5th Cir.· 1981-01-26 ·cited 24×
  The court held that a spontaneously volunteered remark by a government witness, which could be construed as a comment on the defendant's silence after arrest, constituted harmless error beyond a reasonable doubt due to a curative instruction and overwhelming evidence of guilt.
• United States v. Pennington
  635 F.2d 1387· 10th Cir.· 1980-12-03 ·cited 24×·via Harmless Error Rule
  The dissent argues that evidence seized pursuant to a warrant not executed by a federal officer should be suppressed, rejecting the majority's application of the 'harmless error' rule.
• United States v. Murzyn
  631 F.2d 525· 7th Cir.· 1980-10-03 ·cited 24×
  The court held that the introduction of prior misconduct evidence was permissible to rebut defenses of coercion and entrapment, and that other alleged errors did not constitute reversible error.
• Wilson v. Estelle
  625 F.2d 1158· 5th Cir.· 1980-09-15 ·cited 24×·via Chapman V. California Harmless Error Standard
  The admission of evidence of prior uncounseled misdemeanor convictions, where no imprisonment was imposed, is permissible and any error from a conviction where a short sentence was imposed was harmless.
• United States v. Spero
  625 F.2d 779· 8th Cir.· 1980-06-19 ·cited 24×
  The court held that admitting a defendant's prior conviction, even if over ten years old, was not an abuse of discretion and any error was harmless.
• Brey v. State
  382 So. 2d 395· Fla. 4th DCA· 1980-04-09 ·cited 24×·via Harmless Error Rule
  John Brey was convicted of auto theft after the trial court admitted oral statements he made to police that were not disclosed in the state's discovery response. The appellate court reversed, holding that the trial court failed to conduct the mandatory Richardson inquiry required
• United States v. Seidel
  620 F.2d 1006· 4th Cir.· 1980-02-20 ·cited 24×
  Misjoinder of defendants under Rule 8(b) is not grounds for automatic reversal if the misjoinder constitutes harmless error, meaning no prejudice accrued to the defendant.
• United States v. Partyka
  561 F.2d 118· 8th Cir.· 1977-08-02 ·cited 24×
  The court held that preindictment delay and prosecutorial vindictiveness claims were without merit, and while exclusion of a portion of the wife's testimony was error, it was harmless. The court affirmed the convictions.
• Bostic v. State
  332 So. 2d 349· Fla. 4th DCA· 1976-05-14 ·cited 24×
  Bostic was convicted of marijuana possession after a jury trial. The appellate court reversed and remanded for a new trial because police officers testified that Bostic invoked his Miranda rights and remained silent after arrest, which was improper and constitutionally harmful er
• United States v. Kallevig
  534 F.2d 411· 1st Cir.· 1976-04-21 ·cited 24×
  The court held that the strip search was justified by 'real suspicion' and any Miranda violation was harmless error due to overwhelming evidence.
• United States v. Ledford Gene Harding
  525 F.2d 84· 7th Cir.· 1975-11-17 ·cited 24×
  The court held that the prosecutor's extensive cross-examination regarding the appellant's prior marijuana possession conviction, including details not admissible for impeachment and implying guilt rather than dishonesty, created undue prejudice requiring a new trial.
• United States v. Elvin Lee Bynum
  513 F.2d 533· 2d Cir.· 1975-03-26 ·cited 24×
  The court held that even if wiretap extension authorizations were improper, the admission of the intercepted evidence was harmless error for the appellants who had standing.
• Slaughter v. State
  301 So. 2d 762· Fla.· 1974-09-25 ·cited 24×
  The Florida Supreme Court affirmed convictions for conspiracy to commit arson and arson of a school building, rejecting constitutional challenges to Florida's conspiracy statute and jury selection procedures, and finding no reversible error in the trial court's conduct.
• United States v. Teodoro Davila-Nater
  474 F.2d 270· 5th Cir.· 1973-02-05 ·cited 24×
  The dissenting judge would hold that the trial judge abused judicial discretion by refusing to permit the prosecuting attorney to testify to correct perjured testimony offered by his own witness.
• United States v. Hayles
  471 F.2d 788· 5th Cir.· 1973-01-09 ·cited 24×
  The court held that even if the admission of taped conversations was constitutional error, it was harmless beyond a reasonable doubt due to overwhelming evidence of guilt.
• United States v. Spinks
  470 F.2d 64· 7th Cir.· 1972-08-01 ·cited 24×
  The court held that admitting a co-defendant's confession implicating the defendant was permissible when the defendant also provided a substantially similar confession, and that denying the defendant's request to show surveillance films during closing arguments was not an abuse o
• United States v. Williams
  464 F.2d 927· 8th Cir.· 1972-07-26 ·cited 24×·via Harmless Error Rule
  The prosecutor's questions and argument revealing a defense witness's invocation of the Fifth Amendment before a grand jury constituted prejudicial error requiring reversal.
• United States v. Johnson
  439 F.2d 885· 5th Cir.· 1971-03-16 ·cited 24×·via Harmless Error Standard
  The court held that the admission of inadmissible hearsay testimony regarding an informant's statements was prejudicial error requiring reversal of Johnson's conviction, but affirmed Golub's conviction due to sufficient evidence and lack of reliance on invalid presumptions.
• United States v. Verland L. Beard
  436 F.2d 1084· 5th Cir.· 1971-01-04 ·cited 24×
  A conviction must be reversed when the government effectively amends the indictment during trial to charge a different statutory offense than that presented to the Grand Jury, violating the defendant's Fifth Amendment rights.
• United States v. Mitchell
  427 F.2d 644· 3d Cir.· 1970-06-11 ·cited 24×
  The court held that while the prosecution's cross-examination regarding prior convictions may have been improper, it did not constitute reversible error due to the strength of the evidence, the jury instructions, and the defendant's own statements.
• United States v. Carlson
  423 F.2d 431· 9th Cir.· 1970-02-02 ·cited 24×·via Chapman V. California Harmless Error Standard
  The court held that the trial court did not abuse its discretion in refusing to bifurcate the insanity defense, nor did it err in striking the testimony related to that defense. The court also found no reversible error in the admission of a tape recording, the curtailment of cros
• Richardson v. State of Fla. ex rel. Richard Douglas Milton
  219 So. 2d 77· Fla. 3d DCA· 1969-02-18 ·cited 24×
  A Florida appellate court reversed a circuit court's habeas corpus decision that retroactively applied In re Gault's right-to-counsel protections to a juvenile's original delinquency hearing and probation revocation. The court held that Gault does not apply retroactively to eithe
• United States v. Lewis
  406 F.2d 486· 7th Cir.· 1969-01-29 ·cited 24×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the convictions of Lewis and Sohn for conspiracy and substantive offenses were supported by sufficient evidence and that certain evidentiary rulings and limitations on testimony did not constitute reversible error. Lewis's convictions on two counts were dismis
• Capitoli v. State
  175 So. 2d 210· Fla. 2d DCA· 1965-05-12 ·cited 24×
  Appellants Capitoli and Newman were convicted of breaking and entering with intent to commit grand larceny in a bench trial. They appealed challenging the admission of evidence allegedly obtained through unlawful search and seizure, but the appellate court affirmed because the tr
• Williams v. United States
  338 F.2d 286· D.C. Cir.· 1964-10-01 ·cited 24×·via Harmless Error Rule
  Statements recorded contemporaneously by a government clerk, even if summarized in the third person, can be 'substantially verbatim' under the Jencks Act if they fairly represent the witness's own words and are producible for impeachment.
• Sumner G. Whittier v. Emmet
  281 F.2d 24· D.C. Cir.· 1960-06-23 ·cited 24×
  The court held that the lower court erred in allowing interest and attorneys' fees, and that venue for some claims was improper, but that these errors were harmless on appeal after a full hearing on the merits.
• Valentine John Karp v. United States
  277 F.2d 843· 8th Cir.· 1960-04-25 ·cited 24×·via Harmless Error Rule
  The court held that the trial court did not err in failing to suppress evidence because no proper motion was filed and that the denial of access to an FBI agent's report under the Jencks Act was harmless error as the excluded testimony was cumulative.
• Cook & Sons Equip., Inc. v. Killen
  277 F.2d 607· 9th Cir.· 1960-04-21 ·cited 24×
  The court held that California law, not Alaska law, governed the proprietary interests in the truck, and under California law, the seller had an absolute right to repossess without allowing redemption.
• United States v. H.J.K. Theatre Corp.
  236 F.2d 502· 2d Cir.· 1956-08-20 ·cited 24×
  The court affirmed the convictions, holding that while the trial judge erred in limiting access to Grand Jury testimony, the error was harmless as all relevant contradictory evidence was presented.
• United States v. Spadafora
  181 F.2d 957· 7th Cir.· 1950-05-09 ·cited 24×
  The court held that the defendant's conviction for possession of counterfeit notes and conspiracy was supported by overwhelming evidence, and that no prejudicial errors occurred during the trial.
• Hart v. Attorney Gen. OF THE State OF Fla.
  323 F.3d 884· 11th Cir.· 2003-03-05 ·cited 23×
  Robert Hart was convicted of two murders and armed robbery based primarily on a taped confession obtained after he signed a Miranda waiver form. The Eleventh Circuit granted habeas relief, holding that Hart's waiver was involuntary and not made with full awareness of his rights b
• J.C.G. v. Dep't of Child. & Families
  780 So. 2d 965· Fla. 5th DCA· 2001-03-02 ·cited 23×
  The appellate court held that a trial court's failure to set forth factual findings supporting an adjudication of dependency requires the order to be vacated and remanded.
• Taylor v. State
  640 So. 2d 1127· Fla. 1st DCA· 1994-05-25 ·cited 23×·via Burden Of Proof For Harmless Error
  Walter Taylor was convicted of two counts of first-degree murder for killing Paula Smits and her young daughter Amanda in 1987. The Florida First District Court of Appeal reversed and remanded for a new trial due to cumulative prosecutorial misconduct that deprived Taylor of a fa
• United States v. Shirley
  884 F.2d 1130· 9th Cir.· 1989-08-24 ·cited 23×·via Harmless Error Rule
  The court held that the district court did not abuse its discretion in admitting testimony, denying a motion to subpoena witnesses at government expense, admitting summary charts, denying a motion for acquittal, or denying a motion for continuance. The court affirmed the convicti
• United States v. Bordallo
  857 F.2d 519· 9th Cir.· 1988-08-30 ·cited 23×·via Harmless Error Rule
  The court held that the defendant's convictions for witness tampering and conspiracy to obstruct justice were affirmed, but convictions for bribery, conspiracy to commit bribery, extortion, and conspiracy to commit extortion were reversed.
• Shepard v. Lane
  818 F.2d 615· 7th Cir.· 1987-05-06 ·cited 23×·via Chapman V. California Harmless Error Standard
  The court held that the petitioner's claims of ineffective assistance of counsel and prosecutorial misconduct did not warrant habeas corpus relief because the overwhelming evidence of guilt rendered any alleged errors harmless.
• United States v. Huddleston
  811 F.2d 974· 6th Cir.· 1987-02-20 ·cited 23×
  The court held that the preponderance of the evidence standard, not clear and convincing proof, governs the admissibility of similar acts evidence under Fed.R.Evid. 404(b), and that any errors in admitting evidence or instructing the jury were harmless.
• United States v. Axel Urbanik
  801 F.2d 692· 4th Cir.· 1986-09-23 ·cited 23×
  The dissenting judge would find the co-conspirator's statement admissible and its admission harmless.
• United States ex rel. Gerald Scarpelli v. George
  687 F.2d 1012· 7th Cir.· 1982-08-26 ·cited 23×·via Harmless Error Rule
  The court held that a restriction on cross-examination of a crucial witness is not automatically harmful error and can be harmless beyond a reasonable doubt if it does not affect substantial rights.
• Glenn v. Dallman
  686 F.2d 418· 6th Cir.· 1982-08-23 ·cited 23×
  The dissenting judge would affirm the district court's decision and deny the writ, finding that the Ohio Supreme Court's interpretation of aggravated burglary statutes was not irrational and that any instructional error was harmless.
• Dairyland Ins. Co. v. Makover
  654 F.2d 1120· 5th Cir.· 1981-09-04 ·cited 23×·via Federal Rule Of Civil Procedure 61 (Harmless Error)
  The court held that diversity jurisdiction under 28 U.S.C. § 1332(c) does not apply when the insurer, rather than the claimant, is the party seeking to appeal, even if the insurer initiated the declaratory judgment action.
• United States v. Herzberg
  558 F.2d 1219· 5th Cir.· 1977-09-12 ·cited 23×
  The court held that while cross-examination regarding a prior civil fraud judgment was improper impeachment on a collateral matter, the error was harmless due to overwhelming evidence of guilt. The court also found the admission of rebuttal testimony regarding the defendant's rep
• Zilka v. Estelle
  529 F.2d 388· 5th Cir.· 1976-03-25 ·cited 23×·via Harmless Error Rule
  A conviction will not be set aside on a petition for writ of habeas corpus, even if prior counselless felony convictions were used for impeachment, if the error is harmless beyond a reasonable doubt.
• Earl v. State
  314 So. 3d 1253· Fla.· 2021-04-08 ·cited 22×
  A defendant cannot obtain relief under Florida Rule of Criminal Procedure 3.800(a) for an unlawfully lenient sentence without demonstrating prejudicial error. Because Earl's requested relief—adding mandatory minimum terms to his life sentences—would not have altered the duration
• Geronimo Vega v. State
  900 So. 2d 572· Fla. 2d DCA· 2004-09-17 ·cited 22×·via Harmless Error Review
  Geronimo Vega was convicted of battery on a law enforcement officer and resisting arrest with violence following a jury trial. The court reversed his battery conviction due to fundamental error in jury instructions that included an uncharged alternative form of the offense, while
• Lasco Enters., Inc. v. Kohlbrand
  819 So. 2d 821· Fla. 5th DCA· 2002-05-03 ·cited 22×
  In this residential construction dispute, a jury found neither party liable on their countervailing claims for breach of contract and lien foreclosure issues. Both Lasco Enterprises and the Kohlbrands appealed and cross-appealed various rulings, but the court affirmed the trial c
• Wilson v. State
  724 So. 2d 144· Fla. 1st DCA· 1998-12-04 ·cited 22×·via Harmless Error Rule
  Harry Wilson appeals his convictions for dealing in stolen property, burglary, and petit theft, arguing the trial court failed to conduct an adequate Faretta inquiry before permitting him to represent himself. The court reversed and remanded for a new trial, finding the trial cou