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
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The court held that the improper use of prior uncounseled convictions to impeach a defendant's testimony constitutes harmless error if the evidence of guilt is overwhelming and the jury would have reached the same verdict regardless.
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356 So. 2d 887·
Fla. 3d DCA·
1978-03-21
·cited 4×
Robert Wilcox appealed his conviction for grand larceny, armed burglary, and resisting arrest with violence, challenging the trial court's denial of his mistrial motion, failure to inquire into discovery violations, and refusal to give a specialized jury instruction on fingerprin
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355 So. 2d 436·
Fla. 4th DCA·
1978-01-31
·cited 4×
Lewis C. Gifford was convicted of sexual battery and breaking and entering, but the Florida District Court of Appeal reversed due to improper prosecutorial comment on his right to remain silent during cross-examination and the trial court's refusal to instruct the jury on the les
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The court held that the failure to instruct the jury on the elements of breaking and entering and larceny was not reversible constitutional error when the defense conceded these facts at trial.
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348 So. 2d 636·
Fla. 2d DCA·
1977-07-29
·cited 4×
Appellant's conviction for sexual battery was reversed because the trial court erred in refusing to instruct the jury on assault and battery as necessarily lesser included offenses when requested by the defendant.
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549 F.2d 1081·
6th Cir.·
1977-02-18
·cited 4×
The court held that the one-on-one identification of the appellant was totally suggestive and lacked an independent basis.
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The court held that the use of an uncounseled probation revocation to impeach a defendant's testimony, while potentially problematic, was harmless error in this case.
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548 F.2d 268·
9th Cir.·
1977-01-06
·cited 4×
The court held that the admission of twelve packets of heroin, even if discovered through an illegal search, was harmless error because overwhelming independent evidence established the appellant's guilt.
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535 F.2d 546·
9th Cir.·
1976-05-19
·cited 4×
The court held that the appellant's absence from chambers during her attorney's motion to withdraw and an off-the-record conference may have violated her due process and Sixth Amendment rights.
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529 F.2d 1145·
6th Cir.·
1976-02-10
·cited 4×
The court held that while admitting evidence of the defendants' pre-trial silence was constitutional error, it was harmless beyond a reasonable doubt due to overwhelming evidence of guilt.
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The court held that the district court erred in denying the habeas corpus petition by deeming the constitutional issue moot, and that a remand is necessary for further factual determination.
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518 F.2d 1182·
4th Cir.·
1975-06-19
·cited 4×
The court held that even if the introduction of a co-defendant's statement violated the Sixth Amendment, the error was harmless beyond a reasonable doubt due to overwhelming independent evidence. The court also found sufficient evidence to support the guilty verdict.
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The court held that the trial court's limitation on cross-examination, even if an abuse of discretion, was harmless error given the overwhelming evidence of guilt, and that the denial of a motion to disqualify a juror was not a due process violation.
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503 F.2d 558·
9th Cir.·
1974-08-29
·cited 4×
The court held that while the trial court may have misapplied the rule regarding discovery of government officials' opinions, the denial of certain discovery questions was harmless error and did not warrant reversal.
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290 So. 2d 515·
Fla. 2d DCA·
1974-02-20
·cited 4×
Richard Henry Bryan was convicted of first-degree murder and sentenced to life imprisonment. The appellate court affirmed the conviction, finding no reversible error despite Bryan's challenge to pre-indictment identification procedures used by investigating officers.
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486 F.2d 468·
6th Cir.·
1973-10-31
·cited 4×
The court held that the prosecution's opening statement and calling of a reluctant witness did not constitute reversible error, and that any error in admitting evidence from challenged searches was harmless.
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279 So. 2d 332·
Fla. 2d DCA·
1973-06-08
·cited 4×
Florida appellate court affirmed robbery conviction despite trial court's failure to instruct jury on lesser included offense of simple assault, finding the error harmless in light of substantial evidence supporting the verdict.
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The court held that the admission of William's statement, though potentially violating Bruton, was harmless error beyond a reasonable doubt, and William's statement was voluntarily made after a valid Miranda waiver.
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468 F.2d 1070·
5th Cir.·
1972-11-01
·cited 4×
The court held that any error in the trial judge's remark about the defendant testifying was harmless beyond a reasonable doubt, and other alleged errors were without merit.
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465 F.2d 1328·
8th Cir.·
1972-07-19
·cited 4×
The court held that hearsay statements made by a co-conspirator long after the commission of the offense, and not in furtherance of the conspiracy, are inadmissible.
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465 F.2d 959·
9th Cir.·
1972-07-14
·cited 4×
The court held that even if a photographic identification procedure was impermissibly suggestive, the conviction could be affirmed if there was sufficient independent evidence connecting the appellant to the crime.
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264 So. 2d 461·
Fla. 4th DCA·
1972-07-14
·cited 4×
Appellant's conviction for robbery was affirmed where the trial court properly denied suppression of evidence and statements obtained after arrest, and any error in refusing to instruct on lesser included offenses was harmless because the jury convicted on the charged offense.
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461 F.2d 1097·
10th Cir.·
1972-06-22
·cited 4×
The court held that the federal district court erred in dismissing the claim regarding the jury instruction on failure to testify for failure to exhaust state remedies, but that the instruction and any alleged prosecutorial comment were not constitutional violations or were harml
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460 F.2d 1236·
8th Cir.·
1972-05-12
·cited 4×
The court held that any error in admitting exhibits, which were later stricken and the jury cautioned to disregard, was harmless beyond a reasonable doubt due to overwhelming evidence of guilt.
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459 F.2d 1003·
9th Cir.·
1972-05-04
·cited 4×
The court held that while the trial judge erred in striking evidence of the defendant's heroin addiction, this error was harmless because the evidence was insufficient to raise a reasonable doubt as to guilt.
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The court held that the accused has no right to counsel during out-of-court photographic identification and that any potentially tainted identifications were harmless error.
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460 F.2d 202·
9th Cir.·
1972-02-25
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The dissenting judge held that the cross-examination regarding the defendant's prior conviction was proper and, even if erroneous, was harmless beyond a reasonable doubt.
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The court held that the prosecutor's comment on the petitioner's exercise of his Fifth Amendment right was harmless beyond a reasonable doubt.
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437 F.2d 1212·
8th Cir.·
1971-01-21
·cited 4×
The dissenting judge holds that probable cause to search the car did not exist when it was stopped, and the subsequent warrantless search was not justified under existing Supreme Court precedent.
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437 F.2d 57·
2d Cir.·
1971-01-12
·cited 4×
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443 F.2d 729·
D.C. Cir.·
1970-12-22
·cited 4×
The court held that there was an adequate basis for the trial judge's determination that Mr. Christensen realized he was representing appellant at the station-house line-up.
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A prior conviction used to enhance a sentence under D.C. Code § 22-3204 must be proven in the presence of the accused, and a concession in a bail application by counsel is insufficient proof.
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435 F.2d 1402·
2d Cir.·
1970-11-19
·cited 4×
The admission of incriminating pretrial statements by non-testifying codefendants was harmless error beyond a reasonable doubt because substantial independent evidence established the defendant's guilt.
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The court held that while the conviction is affirmed, the case must be remanded for resentencing to determine eligibility under the Narcotic Addict Rehabilitation Act of 1966.
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429 F.2d 716·
D.C. Cir.·
1970-06-04
·cited 4×
The dissenting judge argues that the rule established in Simmons and Bailey, which prevents testimony given by a criminal defendant to establish standing from being used against them at trial, should apply retroactively to the present case.
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The court held that the failure to give limiting instructions to the jury regarding the use of accomplice confessions, even if Cheeks' confession was found involuntary, did not constitute a denial of due process or federal constitutional error.
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415 F.2d 867·
2d Cir.·
1969-09-15
·cited 4×
The admission of the defendant's confession, even if obtained in violation of his constitutional rights, was harmless error beyond a reasonable doubt due to overwhelming independent evidence of guilt.
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The court held that the petitioner's claims regarding jury unanimity, prosecutorial comment on silence, and search and seizure were either waived, harmless, or not applicable under the relevant constitutional law at the time of trial.
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The court held that the relator's constitutional rights under the Fourth, Fifth, and Sixth Amendments were violated when police obtained consent to search his apartment after he had requested counsel at a preliminary hearing.
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412 F.2d 594·
5th Cir.·
1969-05-30
·cited 4×
The court held that the jury instructions on total disability were proper under Texas law and that the admission of certain correspondence, though containing legal conclusions, was harmless error.
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403 F.2d 215·
9th Cir.·
1968-11-15
·cited 4×
The court held that the evidence was sufficient to sustain an inference of interstate transportation of a stolen vehicle, and any error in pretrial identification was harmless.
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215 So. 2d 312·
Fla. 1st DCA·
1968-11-07
·cited 4×
The failure of a guardian to file a verified inventory is harmless error if the guardian fully discloses all assets under oath and no prejudice results to the ward or heirs.
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The court held that the trial court did not err in its jury instructions or in admitting certain testimony, as any errors were either favorable to the defendant, not objected to, or did not affect substantial rights.
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The court held that charging multiple conspiracies as a single conspiracy under one count constitutes reversible error due to variance and improper joinder, except for defendants involved in all conspiracies.
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Morris Odessky sought certiorari review of a Department of Agriculture Commissioner's order requiring him to pay $5,910 to Six L's Packing Company for allegedly defective tomatoes. The court upheld the Commissioner's decision that the tomatoes met specifications at delivery and r
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390 F.2d 360·
3d Cir.·
1968-03-08
·cited 4×
The court held that the admission of evidence obtained via interrogatories, even if constitutionally impermissible, was harmless error because the other evidence of guilt was overwhelming and undisputed, and thus did not contribute to the verdict.
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A Flexible Fund Annuity (FFA) is an insurance product, not a security, and is therefore exempt from federal regulation under the Securities Act of 1933 and the Investment Company Act of 1940.
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The court held that the denial of eyewitness statements was not a federal due process violation, as the Jencks rule applies only to federal criminal justice administration.
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172 F.2d 202·
9th Cir.·
1949-01-07
·cited 4×
The court held that the trial court did not err in considering medical texts and insurance data, and that the evidence supported the damages awarded.
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96 Fla. 304·
Fla.·
1928-07-19
·cited 4×
Gertrude Johnson appealed a foreclosure judgment on a mechanic's lien brought by C. L. Vining for improvements to the Mayfield Hotel. The Florida Supreme Court affirmed the decree, rejecting arguments that the suit was premature and that statutory requirements were not satisfied.