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

• Marshall v. State
  473 So. 2d 688· Fla. 4th DCA· 1984-12-28 ·cited 10×·via Harmless Error Rule
  Jay Marshall was convicted of burglary, kidnapping, and sexual battery, but the appellate court reversed because the prosecutor impermissibly commented on Marshall's decision not to testify during closing arguments, violating his Fifth Amendment rights under Griffin v. California
• United States v. Emeric A. Martin
  751 F.2d 258· 8th Cir.· 1984-12-27 ·cited 10×
  The court affirmed the jury conviction, finding sufficient evidence for the Hobbs Act violation and that any error in admitting hearsay was harmless. The court also found no abuse of discretion in refusing to sever the Hobbs Act count and no plain error in the jury instructions f
• Curtis v. State
  455 So. 2d 1090· Fla. 5th DCA· 1984-09-13 ·cited 10×·via Harmless Error Rule
  It is not a violation of Florida Rule of Criminal Procedure 3.410 for a trial judge to respond to jury questions without notifying counsel when the response merely reiterates principles of evidence evaluation, and any error is harmless when abundant evidence supports the verdict.
• Meyers v. Union Pac. R.R. Co.
  738 F.2d 328· 8th Cir.· 1984-07-06 ·cited 10×·via Harmless Error Rule
  The court held that the jury instructions on contributory negligence and the admission of evidence regarding prior injuries were not erroneous and did not prejudice the plaintiff.
• United States v. Hans
  738 F.2d 88· 3d Cir.· 1984-06-19 ·cited 10×·via Harmless Error Rule
  The dissenting judge would hold that the district court's decision to allow the jury to see windbreakers not admitted into evidence was harmless error, and would affirm the conviction.
• Ayub K. Ommaya v. Nat'l Insts. OF Health
  726 F.2d 827· D.C. Cir.· 1984-02-03 ·cited 10×
  The court held that the Merit Systems Protection Board (MSPB) erred by applying the incorrect 'substantial evidence' standard instead of the 'preponderance of the evidence' standard when reviewing the denial of a within-grade salary increase, and that the harmless error doctrine
• James v. Bell Helicopter Co.
  715 F.2d 166· 5th Cir.· 1983-09-19 ·cited 10×·via Federal Rule Of Civil Procedure 61 (Harmless Error)
  The court held that damages solely to the product itself are not recoverable in a products liability action under Texas law, but may be recoverable under Illinois law if the damage constitutes 'physical damage' rather than economic loss. The court also held that the appellant fai
• United States v. Gonzalez
  715 F.2d 1411· 9th Cir.· 1983-09-16 ·cited 10×
  The court held that the trial court did not abuse its discretion in denying the motion to elect between counts, nor in using the language of conspiracy in jury instructions.
• Anderson v. State
  447 So. 2d 236· Fla. 1st DCA· 1983-07-18 ·cited 10×
  Two offenses charged in the same count are the same for double jeopardy purposes if one offense has all the essential elements of the other, but possession of a controlled substance is not a necessarily included offense of manufacture of a controlled substance because manufacture
• Puhl v. State
  426 So. 2d 1226· Fla. 4th DCA· 1983-02-09 ·cited 10×
  William Puhl appeals his convictions on twelve criminal charges stemming from a kidnapping and subsequent robberies. The appellate court reversed and remanded because the trial court improperly joined unrelated offenses in a single trial without granting Puhl's motion for severan
• Williams v. Engle
  683 F.2d 152· 6th Cir.· 1982-07-14 ·cited 10×·via Chapman V. California Harmless Error Standard
  The court held that the district court's denial of habeas corpus relief must be vacated and the case remanded because the record was inadequate to determine if the constitutional error was harmless.
• E. F. Hutton & Co., Inc. v. Melford Berns
  682 F.2d 173· 8th Cir.· 1982-06-30 ·cited 10×·via Harmless Error Rule
• Division of Workers' Compensation v. McKEE
  413 So. 2d 805· Fla. 1st DCA· 1982-04-26 ·cited 10×
  The court affirmed that proposed workers' compensation medical fee rules for physical therapists were invalid due to the absence of a required economic impact statement under Florida Statutes § 120.54(2)(a).
• United States ex rel. Theodore Ross v. Franzen
  668 F.2d 933· 7th Cir.· 1982-01-13 ·cited 10×
  The court held that the majority opinion erred in vacating the state trial court judgment based on habeas corpus power.
• Trent v. State
  403 So. 2d 1131· Fla. 4th DCA· 1981-09-23 ·cited 10×
  A 'life felony' is distinct from a first-degree felony punishable by life imprisonment, and the harmless error doctrine does not apply to minimum mandatory sentencing provisions that preclude parole and gain-time.
• United States v. Shursen
  649 F.2d 1250· 8th Cir.· 1981-06-05 ·cited 10×
  The court held that the evidence was sufficient to support the convictions for conducting an illegal gambling business, and that the trial court did not err in its rulings on disclosure of informants, search warrants, admission of ledgers, or jury instructions.
• Johnson v. State
  394 So. 2d 1121· Fla. 5th DCA· 1981-03-11 ·cited 10×
• United States v. Webb
  633 F.2d 1140· 5th Cir.· 1981-01-05 ·cited 10×
  The dissenting judge believes the majority opinion incorrectly allowed the admission of a confession and consent to search obtained in violation of the suspect's right to counsel.
• Gov't of the Virgin Islands v. Carino
  631 F.2d 226· 3d Cir.· 1980-08-20 ·cited 10×
  The court held that while the exclusion of evidence of the victim's prior manslaughter conviction to show the defendant's state of mind was an error, it was harmless error given the overwhelming evidence of guilt.
• Henderson v. State
  370 So. 2d 435· Fla. 1st DCA· 1979-05-04 ·cited 10×
  The court held that while it was error to fail to instruct the jury on attempted aggravated battery and attempted battery, the error was harmless because the jury was instructed on lesser included offenses with virtually identical elements and penalties.
• Bowe v. Immigr. & Naturalization Serv.
  597 F.2d 1158· 9th Cir.· 1979-02-07 ·cited 10×
  The court held that procedural errors in denying a waiver of deportability are harmless if the alien is statutorily ineligible for the waiver.
• United States v. Seymour
  576 F.2d 1345· 9th Cir.· 1978-04-25 ·cited 10×
  The court held that the defendant's minimal compliance with a discovery order, even if the order violated constitutional rights, was harmless error because the insignificant material produced could not have affected the verdict.
• Cook v. State
  353 So. 2d 911· Fla. 2d DCA· 1977-12-28 ·cited 10×
  Four defendants were convicted of conspiracy to commit sexual battery and sexual battery following a joint trial. The court affirmed their convictions despite assuming a potential Bruton violation occurred when codefendants' incriminating statements were admitted at trial, findin
• Zanathy v. Beach Harbor Club Ass'n, Inc.
  343 So. 2d 625· Fla. 2d DCA· 1977-01-21 ·cited 10×
  In this condominium lien foreclosure case, the Florida Second District Court of Appeal reversed in part and affirmed in part a trial court judgment awarding the Beach Harbor Club Association assessments and a lien on two condominium units owned by the Zanathys. The court found er
• United States v. Shepard
  538 F.2d 107· 6th Cir.· 1976-06-24 ·cited 10×
  The court held that the defendant's conviction and sentence were valid, rejecting claims regarding competency, sanity, and jury instructions.
• Kurzon v. United States Postal Serv.
  539 F.2d 788· 1st Cir.· 1976-06-21 ·cited 10×·via Harmless Error In Administrative Proceedings
  The court held that the Postal Service's mail stop order was supported by substantial evidence, as the advertising for Prostex exaggerated the timing and circumstances under which the drug would provide relief.
• United States v. Williams
  523 F.2d 407· 2d Cir.· 1975-09-26 ·cited 10×
  The court held that even if the introduction of testimony regarding the defendant's post-arrest silence and the court's handling of an allegedly involuntary statement were errors, they constituted harmless error due to overwhelming independent evidence of guilt.
• United States v. Bishop
  492 F.2d 1361· 8th Cir.· 1974-02-28 ·cited 10×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the inadvertent delivery of an unadmitted exhibit to the jury did not constitute prejudicial error requiring a new trial, as the evidence of guilt was overwhelming and the exhibit was not inflammatory.
• Seaboard Coast Line R.R. Co. & Harold Jefferson Bridges v. Friddle
  290 So. 2d 85· Fla. 4th DCA· 1974-02-15 ·cited 10×
  A trial court errs and reverses are warranted when multiple evidentiary errors—allowing prior accident testimony without substantial similarity of conditions, testimony about train warning signals on other occasions, and evidence of plaintiff's son's death to increase damages for
• United States v. LEE
  489 F.2d 1242· D.C. Cir.· 1973-11-16 ·cited 10×
  The court affirmed the convictions and sentences, except for Tony Lee's death sentence, which was remanded for resentencing due to Furman v. Georgia.
• United States v. Jordan
  466 F.2d 99· 4th Cir.· 1972-09-05 ·cited 10×
  The court held that the trial court did not err in denying the defendant's motions for a continuance to investigate witnesses and for disclosure of government witnesses' names, nor in denying a motion to suppress the victim's identification.
• McDONNELL v. United States
  455 F.2d 91· 8th Cir.· 1972-02-16 ·cited 10×
  The court held that the admission of defendant's shoes and photographs of footprints was erroneous and prejudicial, requiring a new trial.
• United States v. Williams
  455 F.2d 361· 9th Cir.· 1972-02-08 ·cited 10×
  The court held that the trial court did not abuse its discretion in allowing the government to impeach its own witness, and any errors were harmless given the overwhelming evidence of guilt.
• Roper v. Beto
  454 F.2d 499· 5th Cir.· 1971-12-28 ·cited 10×
• United States v. Quinones-Gonzalez
  452 F.2d 964· 10th Cir.· 1971-12-27 ·cited 10×
  The court held that the admission of incriminating statements and confessions was proper, and that any error in admitting testimony about shoes or in a prosecution question was harmless.
• Wilburn Jerome Gerberding v. Swenson
  435 F.2d 368· 8th Cir.· 1970-12-07 ·cited 10×·via Harmless Error Rule
  The use of a constitutionally infirm prior conviction for sentence enhancement is harmless error if other valid prior convictions exist and are sufficient to support the enhancement.
• Phillips v. State OF N.C.
  433 F.2d 659· 4th Cir.· 1970-11-09 ·cited 10×·via Chapman V. California Harmless Error Standard
  The Supreme Court's ruling in Coleman v. Alabama, requiring counsel at preliminary hearings, should not be applied retroactively to cases predating the decision.
• United States v. Teran
  434 F.2d 605· 9th Cir.· 1970-10-12 ·cited 10×·via Harmless Error Rule
  The court held that giving a presumption instruction, even if flawed, was harmless error beyond a reasonable doubt in a smuggling case where actual knowledge was established by other evidence.
• Leake v. COX
  432 F.2d 982· 4th Cir.· 1970-10-08 ·cited 10×
  The court held that even if the admission of evidence regarding the petitioner's refusal to provide handwriting exemplars and make an oral statement, and the prosecutor's argument thereon, constituted a constitutional violation, it was harmless error given the overwhelming eviden
• Cunningham v. State
  239 So. 2d 21· Fla. 1st DCA· 1970-09-03 ·cited 10×
  Everett Cunningham appeals his first-degree murder conviction for killing John David Benson in a tavern. The court affirmed the conviction, rejecting arguments that cross-examination about prior convictions was prejudicial and that the trial court erred in refusing a self-defense
• Daboul v. Craven
  429 F.2d 164· 9th Cir.· 1970-07-10 ·cited 10×·via Chapman V. California Harmless Error Standard
  The court affirmed the denial of the habeas corpus petition, finding the arrest lawful and the admission of prior testimony admissible on most counts, while remanding one count for failure to exhaust state remedies.
• United States v. Marr
  428 F.2d 614· 7th Cir.· 1970-07-02 ·cited 10×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the defendant waived his right to poll the jury by not requesting it after the verdict was announced and that a minor variance in the indictment was not grounds for reversal.
• United States v. Altavilla
  419 F.2d 815· 9th Cir.· 1969-12-29 ·cited 10×
  The court held that a prosecutor's improper comment on a defendant's failure to testify, when promptly and appropriately corrected by the trial court's instructions, does not necessitate reversal and can be considered harmless error.
• Wood v. Crouse
  417 F.2d 394· 10th Cir.· 1969-10-07 ·cited 10×·via Harmless Error Rule
  A warrantless search of a vehicle conducted after the occupants have been arrested and the vehicle is in police custody is unreasonable under the Fourth Amendment, and admission of evidence obtained from such a search is not harmless error if it may have contributed to the convic
• United States v. Hamilton
  409 F.2d 404· 7th Cir.· 1969-03-27 ·cited 10×
  The court held that the defendant's conviction was not tainted by a violation of Rule 5(a) or by the prosecutor's remarks, which were considered harmless error.
• Little v. Turner
  402 F.2d 495· 10th Cir.· 1968-10-24 ·cited 10×·via Harmless Error Standard
  The denial of a pre-trial sanity hearing transcript to an indigent defendant, when the transcript is necessary for effective defense preparation, violates the Equal Protection Clause.
• United States v. Orrin Scott Reed
  392 F.2d 865· 7th Cir.· 1968-02-19 ·cited 10×
  The court held that the admission of a hat and sunglasses into evidence was not reversible error, as the hat was sufficiently identified and the sunglasses were insignificant.
• Weaver v. United States
  379 F.2d 799· 8th Cir.· 1967-07-10 ·cited 10×·via Harmless Error Rule
  The court held that the taking of handwriting exemplars from a defendant in custody does not violate the Fifth or Sixth Amendments, and a prosecutor's improper comment about an indictment, if promptly addressed by the court, is not necessarily prejudicial error.
• Domingo Montalvo v. State
  154 So. 2d 713· Fla. 3d DCA· 1963-06-25 ·cited 10×
  Appellant Montalvo appealed his non-jury conviction and two-year sentence for larceny of an automobile, challenging the trial court's admission of evidence regarding other offenses and a co-defendant's admissions. The appellate court affirmed the conviction, finding that Montalvo
• Triangle Publ'ns, Inc. v. Fed. Commc'ns Comm'n
  291 F.2d 342· D.C. Cir.· 1961-05-11 ·cited 10×·via Harmless Error Rule
  The court held that the FCC's denial of a television station's transmitter relocation application was supported by substantial evidence and within the Commission's discretion, even if the applicant met minimal technical requirements.