Harmless Error Doctrine

1,384 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

• Rigoberto Garcia v. State
  535 So. 2d 290· Fla. 3d DCA· 1988-10-18 ·cited 13×
  Garcia was convicted of second-degree murder and appealed, arguing the trial court erred by refusing to reinstruct the jury on justifiable and excusable homicide when the jury requested clarification on manslaughter. The court affirmed, holding that while the omission was technic
• Mullen v. Princess Anne Volunteer Fire Co., Inc.
  853 F.2d 1130· 4th Cir.· 1988-08-09 ·cited 13×·via Federal Rule Of Civil Procedure 61 (Harmless Error)
  The court held that while the exclusion of evidence of racial slurs was improper, it did not affect the substantial rights of the parties given the overwhelming evidence of the plaintiff's physical unsuitability for the job.
• Fuller v. State
  414 So. 2d 264· Fla. 3d DCA· 1982-05-25 ·cited 13×
  Where a homicide has occurred, jury instructions must be restricted to all degrees of murder, manslaughter, and justifiable and excusable homicide; an instruction on an underlying non-enumerated felony to third-degree murder is not required. A conviction and sentence for displayi
• Hinman v. McCARTHY
  676 F.2d 343· 9th Cir.· 1982-02-16 ·cited 13×·via Chapman V. California Harmless Error Standard
  The court held that the use of federal magistrates to conduct evidentiary hearings and make recommendations in habeas corpus proceedings is constitutional, and that the admission of Hinman's statement, obtained in violation of Miranda, was not harmless error beyond a reasonable d
• Multi-Medical Convalescent & Nursing Ctr. of Towson v. The Nat'l Labor Relations Bd.
  550 F.2d 974· 4th Cir.· 1977-02-24 ·cited 13×
  The court held that the National Labor Relations Board's order should be enforced because the employer's statements constituted threats and promises of benefit, and the employer's unfair labor practices undermined the union majority, justifying a bargaining order.
• Smith v. State
  342 So. 2d 990· Fla. 3d DCA· 1977-02-01 ·cited 13×
  Any comment on a defendant's silence or refusal to testify is an error of constitutional dimension requiring a new trial.
• Bates v. Nelson
  485 F.2d 90· 9th Cir.· 1973-08-09 ·cited 13×
  The court held that the admission of co-defendant statements in violation of Bruton v. United States and the admission of prior convictions invalid under Gideon v. Wainwright were harmless errors beyond a reasonable doubt, and therefore affirmed the denial of the habeas corpus pe
• Christian v. State
  272 So. 2d 852· Fla. 4th DCA· 1973-02-08 ·cited 13×
  James Edward Christian was convicted of first-degree murder for killing a woman during an attempted sexual assault. The Fourth District Court of Appeal reversed his conviction because the felony murder theory used at trial was based on Florida's unconstitutional "crime against na
• York v. United States
  389 F.2d 761· 9th Cir.· 1968-01-18 ·cited 13×
  The court held that the appellant's constitutional rights were not violated by the delay between the lineup and arraignment, nor by the government's method of refreshing a witness's recollection.
• Floyd v. State
  Fla. 1st DCA· 2026-04-08 ·cited 12×
  Any error in the trial court's sentencing determination was harmless beyond a reasonable doubt.
• United States v. Xiulu Ruan
  56 F.4th 1291· 11th Cir.· 2023-01-05 ·cited 12×·via Harmless Error Standard
  The court held that the jury instruction for substantive drug charges inadequately conveyed the required mens rea, and this error was not harmless beyond a reasonable doubt for those convictions. However, the error was harmless as to other convictions.
• Curry v. State
  1 So. 3d 394· Fla. 1st DCA· 2009-02-09 ·cited 12×·via Harmless Error Rule
  Dennis Curry challenges his convictions for attempted robbery and aggravated assault, arguing that the trial court violated discovery rules by failing to hold a hearing on the state's non-disclosure of a tape-recorded statement from a witness claiming Curry confessed to the crime
• Williams v. State
  937 So. 2d 771· Fla. 1st DCA· 2006-09-11 ·cited 12×·via Harmless Error Review
  Leslie Williams was convicted of attempted second-degree murder and carrying a concealed firearm after a jury trial. The court reversed the attempted murder conviction, finding that instructing the jury on the forcible felony exception to self-defense constituted fundamental erro
• Henrion v. State
  895 So. 2d 1213· Fla. 2d DCA· 2005-02-25 ·cited 12×·via Harmless Error Rule
  Timothy Brett Henrion was convicted of three counts of aggravated child abuse involving injuries to his three-month-old son. The Florida Court of Appeal reversed his convictions because the trial court improperly admitted Williams rule evidence of alleged prior injuries inflicted
• Jarvon Neeley v. State
  883 So. 2d 861· Fla. 1st DCA· 2004-08-31 ·cited 12×·via Burden Of Proof For Harmless Error
  The court reversed Neeley's conviction because the trial court admitted inadmissible hearsay evidence—a hospital record statement referring to an "arrested assailant"—which was neither relevant to medical treatment nor properly admitted under business records exception. The error
• Pryor v. State
  855 So. 2d 134· Fla. 1st DCA· 2003-08-12 ·cited 12×·via Burden Of Proof For Harmless Error
  John Pryor was convicted of first-degree murder after a jury trial where the key State witness, Robert Lee Gilbert, falsely testified about his prior criminal convictions. The appellate court reversed the conviction because the trial judge improperly excluded certified copies of
• Jefferson v. State
  830 So. 2d 195· Fla. 4th DCA· 2002-10-30 ·cited 12×
  Tony Jefferson appealed the trial court's denial of his rule 3.800(a) motion to correct an illegal sentence for a probation violation. The court affirmed his first claim regarding credit for time served (without prejudice to seek mandamus relief) but reversed and remanded on his
• Daughtry v. State
  804 So. 2d 426· Fla. 4th DCA· 2001-10-17 ·cited 12×·via Chapman V. California Harmless Error Standard
  Phillip Daughtry was convicted of aggravated battery, burglary, and resisting without violence after forcing entry into his former girlfriend's apartment and assaulting her. The Fourth District Court of Appeal affirmed, holding that although the trial court erred in instructing t
• United States v. Damion Anthony Campbell
  223 F.3d 1286· 11th Cir.· 2000-08-22 ·cited 12×·via Harmless Error Rule
  The government's misconduct, including the manufacture of evidence by a Customs agent and the subsequent knowing use of that tainted evidence at trial, constitutes a constitutional error that is not subject to the harmless error rule. This misconduct deprived the defendant of due
• Williams v. State
  744 So. 2d 1103· Fla. 3d DCA· 1999-10-06 ·cited 12×
  The trial court did not reversibly err in restricting defense counsel's questioning of prospective jurors about whether they had experienced misidentification, nor did the prosecutor's statement comparing the defense case to selling a used car constitute reversible error.
• Deck v. State
  653 So. 2d 435· Fla. 5th DCA· 1995-03-24 ·cited 12×·via Chapman V. California Harmless Error Standard
  The court held that the admission of an investigative interview after the suspect's equivocal invocation of his right to remain silent violated the Florida Constitution, and this error was not harmless.
• Taylor v. State
  623 So. 2d 832· Fla. 4th DCA· 1993-09-08 ·cited 12×·via Harmless Error Rule
  Timothy Taylor appeals his conviction for first-degree murder, attempted robbery, and aggravated assault from a 1991 armed robbery in Pompano Beach. The Fourth District Court of Appeal reversed and remanded for a new trial, finding that the trial court improperly restricted cross
• Hicks v. State
  622 So. 2d 14· Fla. 5th DCA· 1993-06-25 ·cited 12×·via Harmless Error Rule
  Marcos Hicks was convicted of kidnapping, robbery, and sexual battery with a deadly weapon. The Fifth District Court of Appeal reversed and remanded because the trial court erred in refusing to instruct the jury on the necessarily included lesser offense of sexual battery by thre
• United States v. Broussard
  987 F.2d 215· 5th Cir.· 1993-03-17 ·cited 12×
  The court held that Batson v. Kentucky does not extend to gender-based peremptory challenges, but even if it did, the trial court misapplied the doctrine by requiring more than gender-neutral reasons. The denial or impairment of peremptory challenges is reversible error without a
• United States v. Johnson
  952 F.2d 565· 1st Cir.· 1991-12-19 ·cited 12×·via Harmless Error Review
  The court affirmed the convictions and sentences, holding that the FISA surveillance was lawful, the prosecution's opening statement and admitted evidence were not unfairly prejudicial, and the indictment and evidence for Count Three were sufficient. The court also rejected the F
• Gov't of the Virgin Islands v. Smith
  949 F.2d 677· 3d Cir.· 1991-11-22 ·cited 12×
  The court held that the district court did not commit plain error by failing to give a specific instruction on the prosecution's burden of proof regarding self-defense.
• United States v. Rosalba Solivan
  937 F.2d 1146· 6th Cir.· 1991-07-05 ·cited 12×·via Chapman V. California Harmless Error Standard
  The court held that the prosecutor's remarks during closing argument, which appealed to the jury's emotions and prejudices regarding the drug problem, constituted reversible error because they deprived the defendant of a fair trial and were not cured by the subsequent admonition.
• Molecular Tech. Corp. v. Al Valentine
  925 F.2d 910· 6th Cir.· 1991-02-11 ·cited 12×·via Harmless Error Rule
  The court held that accepting a jury verdict with inconsistent findings and misapplications of instructions was reversible error, and that a judgment notwithstanding the verdict should have been granted for the Snyder defendants on MoTech's negligent misrepresentation claim due t
• United States v. Pulley
  922 F.2d 1283· 6th Cir.· 1991-01-10 ·cited 12×·via Harmless Error Rule
  The court held that allowing two government agents to remain in the courtroom as witnesses violated Rule 615, but the error was harmless. The court also affirmed the conviction and sentence, finding no reversible error in the hearsay or sentencing departure issues.
• Clark v. State
  572 So. 2d 929· Fla. 5th DCA· 1990-11-15 ·cited 12×
  Clark appeals his convictions for armed burglary and grand theft, challenging the trial court's admission of a discovery deposition as substantive evidence and the imposition of departure sentences. The court held that admission of the discovery deposition violated his Sixth Amen
• Rabren v. Dep't OF Prof'l Reg.
  568 So. 2d 1283· Fla. 1st DCA· 1990-10-02 ·cited 12×·via Harmless Error In Administrative Proceedings
  The Florida District Court of Appeal reviewed a Board of Pilot Commissioners (BPC) order that dismissed disciplinary charges against pilot David Rabren but designated additional docking facilities as "ports" requiring state-licensed pilots. The court vacated the port designation
• Beltran v. State
  566 So. 2d 792· Fla.· 1990-09-20 ·cited 12×·via Harmless Error Rule
  The harmless error rule applies to cases where offenses have been misjoined in a single information. A per se rule of reversal for misjoinder is rejected.
• Parker v. State
  563 So. 2d 1130· Fla. 5th DCA· 1990-07-12 ·cited 12×
  The court held that the issue of whether a jury verdict of guilt, without adjudication, can be used for impeachment was not preserved for appeal because the defendant did not testify.
• Crowley v. State
  558 So. 2d 529· Fla. 4th DCA· 1990-03-28 ·cited 12×
  Johnnie Crowley was convicted of cocaine possession and resisting arrest. The Florida appellate court reversed and remanded for a new trial due to two prosecutorial errors: improper cross-examination regarding prior felony convictions and improper closing argument suggesting the
• Charles v. Smith
  894 F.2d 718· 5th Cir.· 1990-02-20 ·cited 12×
  The court held that the arrest was supported by probable cause, thus the identification was not tainted. However, the court found a Miranda violation regarding the 'blue jacket' statement, but deemed it harmless error.
• United States v. Weddell
  890 F.2d 106· 8th Cir.· 1989-11-28 ·cited 12×
  The court held that the district court did not abuse its discretion in admitting testimony of prior bad acts, as it was relevant to intent and self-defense and its probative value outweighed its prejudicial effect.
• Lett v. Dep't of Health & Rehabilitative Servs.
  547 So. 2d 328· Fla. 5th DCA· 1989-08-10 ·cited 12×
  Parental rights may be terminated where there is clear and convincing evidence of past abuse or neglect of the parent's other children and prospective abuse or neglect risk to the child at issue.
• Noble v. The Ala. Dep't OF Env't Mgmt.
  872 F.2d 361· 11th Cir.· 1989-05-02 ·cited 12×
  The court held that the district court's admission of Exhibit 14 was erroneous but harmless, and affirmed the judgment for the defendant, finding no clear error in the determination of no intentional discrimination.
• Messinger v. United States
  872 F.2d 217· 7th Cir.· 1989-04-18 ·cited 12×·via Harmless Error Standard
  The court held that the appellant's mail fraud conviction was valid because the scheme defrauded Cook County of a property right (the security interest in the bail bond refund), even though the indictment and jury instructions also mentioned intangible rights.
• Howard v. Pung
  862 F.2d 1348· 8th Cir.· 1988-12-16 ·cited 12×
  The court held that a Fourth Amendment claim is barred in a habeas petition if the state provided a full and fair opportunity to litigate it, and any error in admitting a confession was harmless beyond a reasonable doubt due to overwhelming evidence.
• Robinson v. State
  530 So. 2d 1085· Fla. 4th DCA· 1988-09-14 ·cited 12×·via Harmless Error Analysis In Sentencing
  The court held that a trial court may depart from sentencing guidelines on resentencing if at least one valid reason for departure was previously articulated and not invalidated, even if other reasons were invalid or not initially stated in writing.
• Manuel v. State
  524 So. 2d 734· Fla. 1st DCA· 1988-05-12 ·cited 12×
  The court held that admitting testimony about a witness tampering attempt was error without proper foundation connecting the caller to the defendant, but the error was harmless.
• Williams v. State
  513 So. 2d 684· Fla. 3d DCA· 1987-09-01 ·cited 12×·via Harmless Error Rule
  Preston Williams was convicted of burglary and trafficking in cocaine based largely on informant testimony. The court reversed his convictions because the trial court failed to conduct a proper inquiry into a Brady violation—the state's nondisclosure that the informant had a plea
• United States v. Puig
  810 F.2d 1085· 11th Cir.· 1987-02-24 ·cited 12×
  The court held that the border search of the boat, including drilling into its hull, was constitutional, and the defendants' statements were voluntary and admissible. Any error regarding comments on post-Miranda silence was harmless.
• Tyler v. White
  811 F.2d 1204· 8th Cir.· 1987-02-19 ·cited 12×
  The court held that while defense counsel's argument regarding plaintiffs' failure to call certain defendants as witnesses was improper, it did not constitute reversible error given the overall evidence and the nature of the error.
• United States v. Powell
  806 F.2d 1421· 9th Cir.· 1986-12-30 ·cited 12×·via Harmless Error Standard
  The court held that while evidentiary errors were harmless, the defendant was entitled to acquittal on false certification counts because he was not a 'transferor' under the statute without an ownership interest in the vehicles.
• United States v. Kohan
  806 F.2d 18· 2d Cir.· 1986-11-17 ·cited 12×
  The court held that the trial judge erred in excluding testimony crucial to the defense and in limiting cross-examination, thereby prejudicing the defendants' right to a fair trial.
• Art Crawford, Jr. v. State
  491 So. 2d 1142· Fla.· 1986-07-17 ·cited 12×
  The Florida Supreme Court answered a certified question of great public importance regarding whether the harmless error doctrine applies to Fifth Amendment violations involving witness testimony of a defendant's right to silence. The Court held that harmless error analysis can ap
• Hardrives Co. & St. Paul Fire & Marine Ins. Co. v. Tri-County Concrete Prods., Inc.
  489 So. 2d 1211· Fla. 4th DCA· 1986-06-11 ·cited 12×
  Tri-County Concrete Products sought to foreclose a mechanic's lien for materials supplied to a subcontractor on a nursing home construction project. The court reversed the trial court's judgment validating the lien because Tri-County failed to serve the required notice on the gen
• Sagebrush Rebellion, Inc. v. Hodel
  790 F.2d 760· 9th Cir.· 1986-05-28 ·cited 12×
  The court held that the NEPA notice and hearings were sufficient to satisfy the notice and hearing requirements of FLPMA for the administrative withdrawal of the Conservation Area, and any technical deficiencies were harmless error.