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. Provenzano
  620 F.2d 985· 3d Cir.· 1980-05-08 ·cited 132×
  The court affirmed the convictions, holding that there was sufficient evidence to support the RICO charges, that the association constituted a RICO enterprise, and that various alleged trial errors, including the admission of certain testimony and juror misconduct, did not warran
• United States v. Wilson
  500 F.2d 715· 5th Cir.· 1974-09-18 ·cited 132×
  The court affirmed the convictions, finding no merit in the appellants' arguments regarding statutory vagueness, severance, admission of evidence, prosecutorial misconduct, or insufficiency of evidence.
• Barnhill v. State
  834 So. 2d 836· Fla.· 2002-10-10 ·cited 131×
  Arthur Barnhill III was convicted of first-degree murder and sentenced to death for the 1995 killing of 84-year-old Earl Gallipeau during a robbery. The Florida Supreme Court affirmed both the conviction and death sentence, rejecting challenges to jury selection, voir dire proced
• United States v. Antonelli Fireworks Co., Inc.
  155 F.2d 631· 2d Cir.· 1946-05-02 ·cited 130×
  The dissenting judge argues that the prosecutor's inflammatory remarks, made during wartime and concerning defendants' national origin, constituted reversible error because the case was not "strong" and the trial judge's corrective measures were insufficient.
• United States v. Long
  574 F.2d 761· 3d Cir.· 1978-03-06 ·cited 129×
  The admission of evidence of other crimes, even if potentially prejudicial, was not reversible error because the objection was not specific and the evidence of guilt was overwhelming.
• Ogden v. United States
  303 F.2d 724· 9th Cir.· 1962-05-16 ·cited 129×·via Harmless Error Rule
  The court held that the application of 18 U.S.C.A. § 1001 to false statements on a Certificate of Non-affiliation was constitutional and that the defendant's conviction was valid, but remanded for a hearing on Jencks Act issues concerning witness statements.
• Harrel Franklin Braddy v. State
  111 So. 3d 810· Fla.· 2012-11-15 ·cited 127×·via Harmless Error Review
  Harrel Franklin Braddy was convicted of first-degree murder, attempted murder, kidnapping, burglary, child neglect, and attempted escape in the 1998 death of five-year-old Quatisha Maycock. The Florida Supreme Court affirmed his death sentence and all convictions after reviewing
• Busby v. State
  894 So. 2d 88· Fla.· 2004-11-04 ·cited 127×·via Harmless Error Standard
  Andrew Busby appeals his conviction for first-degree murder and death sentence. The Florida Supreme Court reversed the conviction and vacated the sentence due to reversible error in the trial court's denial of a challenge for cause against juror Kim Lapan, a former death row corr
• Duest v. State
  855 So. 2d 33· Fla.· 2003-06-26 ·cited 127×·via Chapman V. California Harmless Error Standard
  Duest appeals a death sentence reimposed after the previous death sentence was vacated due to a defective prior conviction aggravator. The Florida Supreme Court affirms the death sentence, holding that the trial court properly instructed the jury on aggravating circumstances, pro
• United States v. Nolan
  551 F.2d 266· 10th Cir.· 1977-03-22 ·cited 127×
  The court held that evidence of a prior foreign conviction is admissible to prove intent, knowledge, motive, common plan, or identity, and that the trial court did not abuse its discretion in admitting such evidence or in its jury instructions.
• Butler v. State
  493 So. 2d 451· Fla.· 1986-09-04 ·cited 126×·via Burden Of Proof For Harmless Error
  The Florida Supreme Court reversed Butler's convictions for burglary with a firearm and attempted first-degree murder, holding that a jury instruction on justifiable use of force in one's home was improper and harmful when the crime occurred in the victim's home and the victim de
• United States v. Ochs
  595 F.2d 1247· 2d Cir.· 1979-03-13 ·cited 124×
  The court held that the search of the briefcase was reasonable under the then-prevailing interpretation of the Fourth Amendment, and the evidence found was admissible.
• Livingston v. State
  565 So. 2d 1288· Fla.· 1988-03-10 ·cited 123×·via Harmless Error Rule
  Jessie Livingston appeals his conviction for first-degree murder and death sentence following a burglary and armed robbery that resulted in a fatal shooting. The Florida Supreme Court affirms the convictions and noncapital sentences but vacates the death sentence, finding one agg
• Burley Clifton Harryman v. Estelle
  616 F.2d 870· 5th Cir.· 1980-05-09 ·cited 122×·via Harmless Error Review
  The court held that the majority applied the wrong standard of harmless error review, failing to consider whether the unconstitutionally admitted evidence contributed to the conviction.
• State v. Carney
  476 So. 2d 165· Fla.· 1985-08-29 ·cited 119×·via Harmless Error Analysis In Sentencing
  When a departure sentence is based on both permissible and impermissible reasons, it should be reversed and remanded for resentencing unless the state proves beyond a reasonable doubt that the impermissible reasons did not affect the departure.
• United States v. de Cavalcante
  440 F.2d 1264· 3d Cir.· 1971-03-10 ·cited 118×·via Harmless Error Rule
  The court held that the indictment was sufficient to charge a crime under 18 U.S.C. § 1952, and that the naming of additional co-conspirators constituted a variance, not a prejudicial amendment. However, the court found insufficient evidence to prove a conspiracy existed.
• Estes v. United States
  335 F.2d 609· 5th Cir.· 1964-08-10 ·cited 118×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the trial court did not err in denying the defendant's various motions and that the jury instructions and verdict were proper.
• Lomax v. State
  345 So. 2d 719· Fla.· 1977-03-31 ·cited 116×
  A trial court's failure to instruct on a lesser-included offense, when such an instruction is warranted, constitutes per se reversible error and the harmless error doctrine will not be applied.
• Homan v. United States
  279 F.2d 767· 8th Cir.· 1960-06-07 ·cited 116×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that while some trial court actions constituted technical errors, they were harmless in light of the overwhelming evidence of guilt and did not warrant reversal.
• United States v. Bledsoe
  674 F.2d 647· 8th Cir.· 1982-03-12 ·cited 115×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the evidence presented was sufficient to prove the existence of a RICO enterprise and that joinder of defendants was proper, or any misjoinder constituted harmless error.
• DOE v. Hampton
  566 F.2d 265· D.C. Cir.· 1977-09-14 ·cited 115×
  The Civil Service Commission erred by relying on Dr. Eck's opinion in violation of its own procedural rules, which denied the appellant the opportunity to challenge the evidence. The dissenting opinion argues that this procedural error was not harmless and prejudiced the appellan
• United States v. Ignasio Maldenaldo Sanchez
  269 F.3d 1250· 11th Cir.· 2001-10-17 ·cited 114×·via Harmless Error Review
  The court affirmed the convictions and sentences of the Sanchezes. The concurring judges argued that no Apprendi error occurred because the sentences did not exceed the statutory maximum under 21 U.S.C. § 841(b)(1)(C). They also contended that the "Rogers error" did not apply bec
• Jones v. State
  998 So. 2d 573· Fla.· 2008-12-23 ·cited 113×·via Harmless Error Rule
  Harry Jones was convicted of first-degree murder and sentenced to death for a 1991 killing. The Florida Supreme Court affirmed the trial court's denial of his Rule 3.850 postconviction motion and denied his habeas corpus petition, finding no Brady/Giglio violations, no prejudicia
• Escobar v. State
  699 So. 2d 988· Fla.· 1997-07-10 ·cited 113×·via Harmless Error Review
  Douglas Escobar was convicted of first-degree murder and sentenced to death for the killing of police officer Victor Estefan. The Florida Supreme Court reversed his convictions and death sentence, finding reversible error in the trial court's granting of the State's motion to rej
• Chapman v. United States
  547 F.2d 1240· 5th Cir.· 1977-03-03 ·cited 113×·via Harmless Error Rule
  The court held that while the prosecution's eliciting of the defendant's post-arrest silence may have constituted a due process violation under intervening law, it was harmless error beyond a reasonable doubt given the overwhelming evidence of guilt and the implausibility of the
• United States v. Dougherty
  473 F.2d 1113· D.C. Cir.· 1972-06-30 ·cited 113×
  The court amplified its prior opinion, clarifying that while a defendant's right to self-representation is not absolute, its denial does not automatically require reversal if the trial judge makes specific findings regarding disruption or inability to waive counsel.
• Amos Augustus Williams v. State
  123 So. 3d 23· Fla.· 2013-02-14 ·cited 112×·via Harmless Error Review
  The Florida Supreme Court held that giving the standard jury instruction on attempted manslaughter by act constitutes fundamental error when a defendant is convicted of a crime no more than one step removed from attempted manslaughter, because the instruction erroneously requires
• Brown v. State
  367 So. 2d 616· Fla.· 1979-02-01 ·cited 112×
  Henry Brown was convicted of first-degree murder and sentenced to death despite a jury's advisory recommendation of life imprisonment. The Florida Supreme Court upheld the conviction but vacated the death sentence, holding that the jury's life recommendation must ordinarily be fo
• United States v. Becker
  461 F.2d 230· 2d Cir.· 1972-05-30 ·cited 112×
  The court held that the statutory definition of 'conduct' in an illegal gambling business includes all participants, and that the wiretap evidence was admissible despite procedural irregularities in its authorization.
• United States v. Khoury
  901 F.2d 948· 11th Cir.· 1990-05-21 ·cited 110×
  The court held that the subsequent search of Kluver's diary, conducted under the guise of an inventory search, violated his Fourth Amendment rights, and this constitutional error was not harmless. The court also found sufficient evidence to support the convictions of other appell
• United States v. Bosch
  584 F.2d 1113· 1st Cir.· 1978-09-29 ·cited 109×·via Burden Of Proof For Harmless Error
  The court held that the admission of prior convictions into evidence, due to counsel's ineffective assistance and the court's erroneous instructions, constituted reversible error. The court also affirmed that the 'reasonably competent assistance' standard is the appropriate measu
• United States v. Irie E. Leonard
  494 F.2d 955· D.C. Cir.· 1974-01-31 ·cited 109×·via Harmless Error Rule
  The court held that the district court committed reversible error by refusing to instruct the jury to scrutinize the testimony of witnesses granted immunity and by limiting cross-examination regarding pending felony charges against a witness. It also held that the failure to prov
• United States v. Mohammad Reza Mehrmanesh
  689 F.2d 822· 9th Cir.· 1982-10-05 ·cited 108×·via Harmless Error Standard (Fed.R.Crim.P. 52(A))
  The court held that the Speedy Trial Act sanctions for arrest-to-indictment delay do not apply because the defendant was arrested before the effective date of the sanctions, and that the admission of certain prior bad acts evidence was either admissible or harmless error.
• State v. Kinchen
  490 So. 2d 21· Fla.· 1985-08-30 ·cited 107×·via Harmless Error Rule
  Florida will apply the more protective 'fairly susceptible' test rather than the federal 'manifestly intended' test when reviewing comments on a defendant's failure to testify, and such comments are subject to harmless error review under Chapman v. California.
• State v. Harbaugh
  754 So. 2d 691· Fla.· 2000-03-09 ·cited 106×·via Harmless Error Review
  The Florida Supreme Court holds that in bifurcated felony DUI trials, the jury—not the trial judge—must determine whether the defendant has three or more prior misdemeanor DUI convictions, an essential element of the crime. This decision amends the prior Rodriguez procedure in li
• David v. State
  369 So. 2d 943· Fla.· 1979-03-22 ·cited 106×
  The Florida Supreme Court reversed a grand larceny conviction where the prosecutor made comments in closing argument that were fairly susceptible to being interpreted as referring to the defendant's failure to testify, a serious constitutional violation under Griffin v. Californi
• Olender v. United States
  210 F.2d 795· 9th Cir.· 1954-02-15 ·cited 106×·via Harmless Error Rule
  Two consolidated mortgage foreclosure actions where the same lender sought to foreclose on mortgages held against the same borrowers and property. The court affirmed dismissal of the borrowers' counterclaim alleging an equitable partnership interest in a golf driving range operat
• United States v. Knife
  592 F.2d 472· 8th Cir.· 1979-02-15 ·cited 105×·via Harmless Error Rule
  The court held that the evidence was insufficient to convict defendant Knife of aiding and abetting an assault with intent to murder, but affirmed defendant Iyotte's convictions for assault resulting in serious bodily injury and assault by striking, beating, or wounding.
• United States v. Beasley
  809 F.2d 1273· 7th Cir.· 1987-01-09 ·cited 103×
  The court held that the admission of extensive evidence of prior bad acts to show intent was improper because the district court failed to properly exercise its discretion by balancing probative value against prejudicial effect, and this error was not harmless for the counts rela
• United States v. Roberts
  618 F.2d 530· 9th Cir.· 1980-05-07 ·cited 103×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The District Court for the District of Arizona lacked jurisdiction to enter judgments of conviction after transferring the indictment to the Southern District of California.
• Darden v. State
  329 So. 2d 287· Fla.· 1976-02-18 ·cited 103×
  Willie Darden appeals his death sentence for murder, robbery, and assault committed during a furniture store robbery in which the proprietor was killed and a teenager was wounded. The Florida Supreme Court affirmed the conviction and death penalty, finding that although the prose
• United States v. Grunewald
  233 F.2d 556· 2d Cir.· 1956-04-10 ·cited 103×
  The court held that the trial judge's jury charge on the statute of limitations was erroneous because it allowed conviction based on an implied agreement to conceal the conspiracy, which is impermissible under Krulewitch v. United States.
• United States v. Mitchell
  137 F.2d 1006· 2d Cir.· 1943-07-26 ·cited 103×·via Harmless Error Rule
  The dissenting judge holds that the trial court erred in dismissing the defendant's attorney and denying him the opportunity to represent himself.
• United States ex rel. Robert Phipps v. Foulette
  428 F.2d 912· 2d Cir.· 1970-05-27 ·cited 102×·via Harmless Constitutional Error
  The court held that the state court's finding that the suggestive station-house identification did not taint the subsequent in-court identification was supported by the record and binding on federal habeas review.
• United States v. Hernandez
  290 F.2d 86· 2d Cir.· 1961-02-14 ·cited 102×
  The court held that a trial court must inspect grand jury minutes upon request when the witness's testimony is crucial, and that possession under 21 U.S.C. § 174 requires dominion and control, not merely association with a possessor.
• United States v. Crisp
  435 F.2d 354· 7th Cir.· 1970-11-10 ·cited 101×
  The court held that while some testimony should not have been admitted, the error was harmless beyond a reasonable doubt given the other evidence of guilt. The court also affirmed the admissibility of statements made after invoking the right to silence if the waiver is knowing an
• United States Steel Corp. v. United States Env't Prot. Agency
  595 F.2d 207· 5th Cir.· 1979-05-03 ·cited 100×
  The court held that the EPA's designation of nonattainment areas violated the Administrative Procedure Act's notice and comment requirements, and therefore set aside the designations.
• North v. State
  65 So. 2d 77· Fla.· 1953-10-21 ·cited 100×·via Harmless Error Rule
  North was convicted of first-degree murder in the death of Mrs. Betty Albritton under mysterious circumstances. He appeals arguing various trial errors, but the Florida Supreme Court affirms, finding no reversible error where the circumstantial evidence established guilt beyond r
• Bayless v. United States
  381 F.2d 67· 9th Cir.· 1967-07-19 ·cited 98×
  The court held that the appellant's conviction for escape and burglary was valid, affirming the district court's judgment.
• M. David Sims, M.D. v. Brown
  574 So. 2d 131· Fla.· 1991-01-18 ·cited 97×
  The Florida Supreme Court reviewed a medical malpractice case involving a patient who suffered a stroke during gynecological surgery. The Court quashed the district court's reversal of jury verdicts for two defendants (Keedy and South Miami Hospital) while leaving intact the dist