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

• Wright v. Nesmith
  86 Fla. 544· Fla.· 1923-12-17 ·cited 4×
  E.R. Wright challenges a default judgment and jury verdict for $350 on a promissory note. The Florida Supreme Court affirms, finding that while procedural irregularities occurred when the court struck Wright's plea without proper determination of law and fact, the resulting verdi
• Joyner v. State
  85 Fla. 384· Fla.· 1923-04-10 ·cited 4×
  Robert Joyner was convicted of murder in the second degree. On appeal, the Florida Supreme Court affirmed the conviction, holding that any procedural errors were harmless in light of the evidence of guilt.
• Neicarta v. State
  80 Fla. 493· Fla.· 1920-10-08 ·cited 4×
  The Florida Supreme Court affirmed a manslaughter conviction, holding that any error in admitting a defendant's statement was harmless because other evidence sufficiently supported the verdict.
• Olsen v. Philip Morris USA, Inc.
  343 So. 3d 172· Fla. 3d DCA· 2022-07-27 ·cited 3×
  In this tobacco litigation case arising under the Engle progeny framework, Rosemary Olsen appealed a jury verdict in favor of Philip Morris USA, Inc. The jury found that decedent Harry Olsen's addiction to nicotine cigarettes was not a legal cause of his atherosclerotic coronary
• Simmons v. State
  337 So. 3d 470· Fla. 1st DCA· 2022-03-16 ·cited 3×
  The appellate court affirmed the denial of postconviction relief for a defendant who claimed his trial counsel was ineffective for not filing a pretrial motion for immunity under Florida's Stand-Your-Ground law. The court held that because the jury rejected the defendant's self-d
• R.J. Reynolds Tobacco Co. & Philip Morris USA, Inc. v. Myron Kaplan
  321 So. 3d 267· Fla. 4th DCA· 2021-06-23 ·cited 3×·via Burden Of Proof For Harmless Error
  R.J. Reynolds Tobacco Company and Philip Morris USA, Inc. appeal a judgment in favor of the estate of Sheila Kaplan in a tobacco products liability case. The appellate court affirms the judgment on all five issues raised, but issues a revised opinion to specifically address and c
• Wright v. State
  317 So. 3d 237· Fla. 3d DCA· 2021-03-03 ·cited 3×
  The trial court properly admitted collateral crimes evidence to prove identity based on ballistic analysis linking the same firearm used in multiple robberies, and any evidentiary errors were harmless beyond a reasonable doubt given Wright's detailed recorded confession to the su
• Rodriguez v. State
  299 So. 3d 555· Fla. 5th DCA· 2020-06-12 ·cited 3×
  A trial court's erroneous denial of a downward departure sentence based on one mitigating factor is harmless error when the court properly identified an alternative valid mitigating factor and exercised its discretion not to depart under the two-step Banks analysis.
• Goley v. Goley
  272 So. 3d 800· Fla. 1st DCA· 2019-05-06 ·cited 3×
  Although the trial court erred in treating an unenforceable equitable interest in property titled to third parties as a marital asset, the error was harmless because the trial court's uncontested findings regarding the parties' net incomes showed the property valuation did not af
• Thompson v. State
  265 So. 3d 700· Fla. 4th DCA· 2019-02-27 ·cited 3×·via Harmless Error Analysis In Sentencing
  Although a defendant's designation as a VFOSC is imposed as a matter of law when he violates probation by committing a qualifying offense, the trial court must make written findings considering the statutory factors in section 948.06(8)(e) to determine whether the defendant poses
• Gorzynski v. State
  255 So. 3d 990· Fla. 2d DCA· 2018-10-10 ·cited 3×·via Harmless Error Review
  Any error in admitting booking reports as hearsay evidence at sentencing was harmless where the same information was properly included in the presentence investigation report and the trial court's sentencing determination was clearly based on the defendant's unsuitability for sup
• Henion v. State
  247 So. 3d 537· Fla. 4th DCA· 2018-05-16 ·cited 3×·via Harmless Error Analysis In Sentencing
  Robert Roy Henion challenged his sentence on the ground that the sentencing scoresheet was improperly calculated, including an additional assault charge that increased the score from 38.10 to 38.30 points. Although the court agreed the scoresheet contained an error, it affirmed t
• Montes-Valeton v. State
  141 So. 3d 204· Fla. 3d DCA· 2014-03-12 ·cited 3×·via Harmless Error Standard
  Luis Montes-Valeton appeals his DUI conviction for causing serious bodily injury, challenging the admission of blood test results and autopsy photographs. The Third District Court of Appeal affirms, finding no error in admitting the blood test results and concluding that any erro
• Gadison v. State
  158 So. 3d 615· Fla. 5th DCA· 2013-12-20 ·cited 3×
  The court held that the trial court abused its discretion in denying the motion for mistrial because the officer's comment on the defendant's silence was prejudicial and vitiated the trial.
• Taurus L. Bryant v. State
  124 So. 3d 1012· Fla. 4th DCA· 2013-11-06 ·cited 3×·via Harmless Error Rule
  Bryant was convicted of aggravated battery with a firearm and shooting into a structure based partly on testimony that a recorded jailhouse phone call originated from his housing unit. The court reversed and remanded for a new trial, finding that the detective's testimony identif
• Jackson v. State
  37 So. 3d 370· Fla. 2d DCA· 2010-05-28 ·cited 3×·via Harmless Error Standard
  Jackson was convicted of cocaine trafficking and conspiracy in Hillsborough County, but the appellate court reversed the trafficking conviction because the evidence showed Jackson possessed the cocaine only in South Florida (Broward/Dade County), not in Hillsborough County where
• Huran Brown v. State
  36 So. 3d 826· Fla. 5th DCA· 2010-05-28 ·cited 3×
  Huran Brown was convicted of resisting an officer with and without violence after refusing police commands during a trespass investigation at an apartment complex. The Fifth District Court of Appeal affirmed the denial of a jury instruction on the right to resist unlawful arrest
• Harris v. State
  34 So. 3d 187· Fla. 1st DCA· 2010-05-06 ·cited 3×·via Harmless Error Standard
  Dorothy Harris was convicted of conspiracy to possess hydrocodone based primarily on her brother's testimony. The appellate court reversed and remanded for a new trial, finding the trial court committed reversible error by admitting testimony about Harris's outstanding warrant fo
• White v. State
  17 So. 3d 822· Fla. 5th DCA· 2009-08-21 ·cited 3×·via Harmless Error Review
  Darryl White appeals his convictions for first-degree murder and robbery with a firearm, challenging the admission of the victim's dying declarations, the mention of a polygraph examination during plea testimony, and his involuntary absence from trial. The appellate court affirms
• Williams v. State
  10 So. 3d 218· Fla. 3d DCA· 2009-04-22 ·cited 3×·via Burden Of Proof For Harmless Error
  Ronald Williams was convicted of attempted first and second degree murder. The Florida District Court of Appeal affirmed his convictions despite finding that the prosecutor made improper statements during closing argument, because the error was harmless in light of overwhelming e
• Eldrick R. Andrews v. State
  973 So. 2d 1280· Fla. 4th DCA· 2008-02-20 ·cited 3×·via Burden Of Proof For Harmless Error
  Andrews was convicted of burglary of an occupied structure and petit theft. The appellate court affirmed the petit theft conviction but reversed the burglary conviction, finding that inadmissible hearsay testimony regarding how Andrews gained access to the property was not harmle
• Hill v. State
  933 So. 2d 667· Fla. 1st DCA· 2006-07-13 ·cited 3×·via Harmless Error Rule
  The court held that the trial court erred in admitting evidence of unrelated crimes because the defendant's testimony did not open the door to such evidence and it was not otherwise relevant.
• Lloyd v. State
  909 So. 2d 580· Fla. 2d DCA· 2005-09-02 ·cited 3×
  Judith Lloyd was convicted of assault with a deadly weapon following a jury trial. The appellate court reversed and remanded because the trial court improperly excluded evidence that could have demonstrated bias on the part of a key witness, violating the defendant's right to imp
• Jones v. State
  777 So. 2d 1127· Fla. 4th DCA· 2001-01-31 ·cited 3×
  The court held that the trial court abused its discretion in denying a mistrial because a detective's improper comment on the defendant's right to remain silent and right to counsel was not cured by the subsequent instruction.
• Weiand v. State
  701 So. 2d 562· Fla. 2d DCA· 1997-07-11 ·cited 3×·via Harmless Error Rule
  Kathleen Weiand appeals her second-degree murder conviction for shooting her husband, arguing the trial court erroneously excluded three defense witnesses and that the prosecutor's closing argument constituted reversible error. The court affirms the conviction while criticizing t
• Jenkins v. State
  687 So. 2d 360· Fla. 4th DCA· 1997-02-12 ·cited 3×
  Conviction affirmed but sentence reversed due to mathematical error in scoresheet calculation that could not be presumed harmless under Florida sentencing guidelines.
• Mills v. State
  596 So. 2d 1148· Fla. 4th DCA· 1992-03-25 ·cited 3×·via Harmless Error Rule
  The court held that a trial court's failure to give defense counsel an opportunity to be heard on a jury's question, after notice was given, constitutes harmless error if the error did not affect the verdict beyond a reasonable doubt.
• Cohn v. Bond
  953 F.2d 154· 4th Cir.· 1991-12-31 ·cited 3×·via Harmless Error Rule
  The court held that the medical staff's actions in recommending denial of privileges were shielded by the Local Government Antitrust Act and the State Action Doctrine, and that the district court's misidentification of the state claim was harmless error.
• Dixon v. State
  589 So. 2d 1011· Fla. 4th DCA· 1991-11-20 ·cited 3×
  Erroneous admission of hearsay testimony from a police officer reporting an informant's accusation was harmless error where five eyewitnesses provided overwhelming evidence of the defendant's guilt.
• United States v. Brewer
  947 F.2d 404· 9th Cir.· 1991-10-17 ·cited 3×
  The court held that Federal Rule of Evidence 615, mandating witness exclusion, applies to evidentiary hearings for motions to suppress evidence. The government failed to demonstrate that the violation of this rule was harmless error.
• Dep't OF Prof'l Reg. v. Melvin S. Wise, M.D.
  575 So. 2d 713· Fla. 1st DCA· 1991-02-14 ·cited 3×·via Harmless Error Standard
  The Department of Professional Regulation appealed the Board of Medicine's dismissal of disciplinary charges against a psychiatrist accused of sexual misconduct with patients. The appellate court reversed because the hearing officer improperly admitted irrelevant evidence about t
• Thomas v. State
  568 So. 2d 92· Fla. 2d DCA· 1990-10-12 ·cited 3×
  An accused who objects to a violation of Fla. Stat. § 90.91 must demonstrate prejudice resulting from the failure to comply with the statute's technical requirements for photographic evidence.
• Johnson v. Luella Burke
  903 F.2d 1056· 6th Cir.· 1990-05-22 ·cited 3×·via Harmless Error Standard
  The court held that the trial court's jury instructions containing a Sandstrom error were harmless, and that Johnson's claims of ineffective assistance of counsel and prosecutorial misconduct were without merit.
• Tavormina v. Timmeny
  561 So. 2d 681· Fla. 3d DCA· 1990-05-15 ·cited 3×
  Tavormina, as bankruptcy trustee, appealed a summary judgment favoring Timmeny in a dispute over severance payments after Timmeny became disabled during employment. The court affirmed that Timmeny was entitled to benefits under the contract's termination provision but reversed th
• LEE v. State
  566 So. 2d 264· Fla. 1st DCA· 1990-05-14 ·cited 3×·via Burden Of Proof For Harmless Error
  Lee appeals his conviction for kidnapping, sexual battery with a deadly weapon, robbery with a firearm, and firearm possession by a felon following retrial. The court reverses because the trial court improperly allowed evidence of a collateral bank robbery to impeach Lee's testim
• Bouchard v. State
  556 So. 2d 1215· Fla. 2d DCA· 1990-02-16 ·cited 3×·via Harmless Error Standard
  Joseph Bouchard was convicted of DUI manslaughter arising from a fatal collision. The Florida District Court of Appeal reversed his conviction, finding that the prosecutor improperly injected evidence of Bouchard's lack of remorse into the trial, which was neither relevant nor an
• United States v. Kington
  878 F.2d 815· 5th Cir.· 1989-07-14 ·cited 3×·via Harmless Error Standard
  The court denied petitions for rehearing and rehearing en banc, adhering to its prior decision and addressing specific arguments raised by the defendants.
• Davis v. State
  539 So. 2d 555· Fla. 4th DCA· 1989-03-08 ·cited 3×·via Harmless Error Rule
  The Fourth District Court of Appeal reversed Davis's robbery conviction, holding that the trial court erred in admitting an out-of-court statement from a witness who testified he had no knowledge of the crime, and in admitting details of the witness's prior conviction. The court
• United States v. Betty J. Johnson (86-1993)
  831 F.2d 124· 6th Cir.· 1987-10-15 ·cited 3×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that a non-practitioner selling bogus prescriptions for controlled substances can be convicted of unlawful distribution, and that sufficient evidence supported the conspiracy convictions of all defendants.
• Fla. Patient's Comp. Fund v. von Stetina
  474 So. 2d 783· Fla.· 1985-05-16 ·cited 3×·via Harmless Error Rule
  Florida Patient's Compensation Fund challenged a $12.47 million medical malpractice verdict against Florida Medical Center for injuries to Susan Von Stetina, who suffered severe brain damage due to alleged respiratory equipment failure. The Florida Supreme Court upheld the consti
• Burns v. State
  466 So. 2d 1207· Fla. 3d DCA· 1985-04-09 ·cited 3×·via Harmless Error Rule
  George Burns appealed his convictions for sexual battery with a deadly weapon, kidnapping, and robbery, challenging whether the prosecutor's elicitation of his spontaneous statement refusing to make statements constituted an impermissible comment on his right to remain silent. Th
• Glados, Inc. v. Reliance Ins. Co.
  888 F.2d 1309· 11th Cir.· 1982-09-03 ·cited 3×·via Harmless Error Standard
  The court held that the admission of evidence of prior fires involving a third party was not an abuse of discretion, and the exclusion of a police investigator's arson conclusion was harmless error.
• Barnes v. State
  400 So. 2d 22· Fla. 1st DCA· 1981-04-06 ·cited 3×
• Pinkney v. State
  351 So. 2d 1047· Fla. 4th DCA· 1977-02-18 ·cited 3×
  Court reversed defendant's conviction because officer testified to defendant's post-Miranda statement without establishing that defendant had invoked or waived his right to counsel, violating established Florida precedent on Miranda compliance.
• Gilford v. State
  281 So. 2d 919· Fla. 2d DCA· 1973-07-25 ·cited 3×
  A trial judge properly refuses a jury instruction on a lesser included offense (petit larceny) when the evidence unequivocally establishes that the stolen property exceeded the $100 threshold.
• Kimball v. State
  134 Fla. 849· Fla.· 1938-11-14 ·cited 3×
  R.C. Kimball was convicted of murder in the second degree and sentenced to life imprisonment. The Florida Supreme Court affirmed the conviction, holding that although the trial court's instruction on 'reasonable doubt' was technically erroneous, it was harmless error because the
• W. A. Banks v. State
  116 Fla. 834· Fla.· 1934-10-12 ·cited 3×
  The Florida Supreme Court affirmed a conviction for automobile larceny, holding that any errors in jury instructions were harmless given the overwhelming evidence of guilt.
• Rhea v. DeVault
  108 Fla. 591· Fla.· 1933-03-07 ·cited 3×
  Defendants appealed a final foreclosure decree entered under Florida's 1931 Chancery Act. The Florida Supreme Court affirmed the foreclosure but reversed the portion awarding attorney's fees, holding that attorney's fees in mortgage foreclosure cases require both reference to mor
• Rogers v. State
  108 Fla. 373· Fla.· 1933-02-23 ·cited 3×
  Bob Rogers was convicted of armed robbery for leading a gang that forcibly seized whiskey from J. H. Stutz at gunpoint, using threats and machine guns. The Florida Supreme Court affirmed his life sentence, finding that although procedural errors occurred at trial, the overwhelmin
• Jairious Elaina Culbertson v. State
  424 So. 3d 1045· Fla. 6th DCA· 2025-12-05 ·cited 2×
  Due process requires that the basis for each cost imposed be evident in the record, though citation to authority need not appear in the written order if the basis is otherwise evident in the record. The trial court must remand to properly impose costs and correct duplicative and