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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Fla. 4th DCA·
2026-06-10
Per curiam affirmances (PCAs) are a legitimate and necessary appellate disposition method appropriate for cases presenting no reversible error and raising only routine applications of settled law. PCAs serve important institutional functions including judicial economy, preservati
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A trial court abuses its discretion by admitting a police officer's testimony that plastic sandwich bags are typically used by drug dealers to separate larger quantities of marijuana into predetermined sizes for sale. Such testimony constitutes inadmissible general criminal behav
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The trial court abused its discretion by overruling the defense's objection to Detective Tabares' testimony that the victim's demeanor was "genuine," which invaded the jury's exclusive province to assess credibility, and the State failed to establish the error was harmless beyond
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Fla. 4th DCA·
2026-05-06
The failure of a party to file documentary evidence in the trial court record, standing alone, cannot serve as an independent basis for appellate review when the evidence was presented and ruled upon at trial. Appellants must use Florida Rules of Civil Procedure 1.530 or Appellat
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11th Cir.·
2026-05-01
The Sixth Amendment was not violated where a co-conspirator who financed the defendant's attorney was later used as a government witness, because there was no tainted evidence, no communication of defense strategy to the prosecution, and no purposeful governmental intrusion. Phon
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The trial court properly conducted a Faretta inquiry when Bandera-Valier waived counsel before the probation violation hearing, and no renewed Faretta inquiry was required at the hearing itself; however, the court erred by failing to renew the offer of counsel prior to sentencing
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Fla. 1st DCA·
2026-04-15
Any error in the sentencing was harmless beyond a reasonable doubt, and therefore the sentence is affirmed.
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Fla. 4th DCA·
2026-04-08
A witness's testimony recounting contents of a written report, when the witness has no independent knowledge and relies solely on the document, constitutes inadmissible hearsay. However, the admission of such testimony is harmless error when the record contains substantial other
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The trial court committed reversible error by excluding non-hearsay testimony regarding threats made to the defendant when the statements were offered to show their effect on the defendant listener and to explain her state of mind in seeking assistance, and the State failed to de
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Jermaine Antwan Davis appealed his conviction and sentence for aggravated battery, challenging his sentencing as a habitual felony offender (HFO) and prison releasee reoffender (PRR) under the Erlinger v. United States standard. The court affirmed his conviction and sentence, hol
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Billy Joe Darby appeals his conviction for attempted manslaughter, challenging the trial court's denial of a jury instruction on misdemeanor battery and the court's overruling of his objection to the prosecutor's closing argument implying he had a duty to retreat. The appellate c
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A sentencing judge's mere exposure to improper information about uncharged conduct does not require reversal unless there is evidence the sentence was actually based on that impermissible factor.
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The court held that the district court did not err in admitting body-worn camera footage and a 911 call recording, and that the sentence imposed was appropriate.
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Fla. 5th DCA·
2026-01-23
Correcting a clerical error that is harmless to the defendant in an Anders case is discretionary, not mandatory. The court declined to remand for correction of an incorrect statutory citation in the sentencing document.
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Stefan Eberhard Zappey, a former DOD elementary school teacher, was convicted of sexually abusing four students at Patch Elementary School in Germany between 2006-2010. On appeal, Zappey challenged the trial court's exclusion of expert testimony on memory reliability, arguing it
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Postconviction review of a sentence based on Erlinger is improper because Erlinger was a direct-appeal case involving required jury findings, not a postconviction case, and procedural rules announced in direct appeals do not apply retroactively to final convictions.
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The court held that the applicant failed to show that the state court's denial of his ineffective assistance of counsel claims was contrary to or an unreasonable application of federal law.
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424 So. 3d 1062·
Fla. 1st DCA·
2025-12-17
Any error in having the judge rather than the jury make findings of fact establishing a prison releasee reoffender enhancement is harmless error.
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Fla. 2d DCA·
2025-12-12
Any error in the trial court making the findings necessary to designate a defendant as a prison releasee reoffender is harmless based on the record.
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When a departure sentence rests on both valid and invalid reasons, the sentence is affirmed if the record conclusively shows the trial court would have imposed the same sentence using only the valid reasons.
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A trial court abuses its discretion by denying a for-cause challenge when a prospective juror expresses unequivocal bias against one party, and by excluding photographs that have been properly authenticated through the pictorial testimony method merely on lack-of-predicate ground
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Fla. 1st DCA·
2025-11-26
Any error in the trial court rather than jury finding that the appellant met statutory qualifications for a prison releasee reoffender sentence was harmless.
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M.D. Fla.·
2025-11-24
The court affirmed the Commissioner's decision, finding the ALJ properly relied on vocational expert testimony and that any potential error regarding the 'document preparer' job was harmless.
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Two members of the Gangster Disciples gang, Lesley Green and Philmon Chambers, were convicted of RICO conspiracy and related murders in a three-victim retaliation scheme and sentenced to life in prison, with Chambers receiving two consecutive life sentences plus an additional 120
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The trial court did not abuse its discretion in conducting the Nelson hearing, any error in the PRR sentencing would be harmless, and the trial court properly declined to hold a competency hearing because no reasonable grounds existed to question Dowdell's competency.
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Fla. 3d DCA·
2025-10-15
When a motion for summary judgment is denied due to a genuine dispute of material fact, that dispute is tried before a jury, and the evidence supports the jury's verdict, any error in denying the motion for summary judgment is moot and harmless.
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M.D. Fla.·
2025-10-07
Even assuming the ALJ erred in failing to find gastroparesis a severe impairment at step two, any such error is harmless because the ALJ found at least one severe impairment and proceeded through the remaining steps of the sequential evaluation process. Although the ALJ did not s
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Timothy Hightower, a state prisoner convicted of cocaine trafficking offenses within 1,000 feet of a church, sought federal habeas relief challenging his conviction on grounds that the trial court improperly denied severance of separate charges, that a detective's testimony regar
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Fla. 3d DCA·
2025-08-20
A contractual jury trial waiver is valid and enforceable when the agreement clearly expresses the parties' intent to waive jury trial rights, and a trial court does not abuse its discretion in striking a jury demand upon finding no waiver of the contractual provision. Any error i
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S.D. Fla.·
2025-08-18
The court adopted the Magistrate Judge's Report and Recommendation, affirming the ALJ's decision and granting summary judgment for the Defendant.
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Fla. 6th DCA·
2025-08-15
The trial court did not commit reversible error in instructing the jury on jury instructions regarding principals, admitting text message evidence, or providing a felony murder instruction when the indictment charged premeditated murder.
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The court held that the petitioner's motion to vacate, set aside, or correct his sentence was time-barred and equitable tolling was not warranted, thus dismissing the motion.
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Fla. 5th DCA·
2025-07-25
Any error in rendering an HVFO sentence is harmless when the record demonstrates beyond a reasonable doubt that a rational jury would have found the defendant qualified as an HVFO.
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Fla. 1st DCA·
2025-07-02
When a suspect makes an unequivocal request for counsel during custodial interrogation, law enforcement must immediately cease questioning and scrupulously honor that right; a suspect's subsequent reinitiation of contact and waiver of the invoked right is invalid if it results fr
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Fla. 3d DCA·
2025-06-18
A trial court does not abuse its discretion in modifying jury instructions mid-trial when the plaintiff fails to object based on prejudice, acquiesces to the modification, and fails to timely request relief such as reopening evidence or moving for mistrial. A party's failure to p
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Fla. 3d DCA·
2025-06-18
The trial court properly limited the defense's closing argument where no evidence supported the theory the defense wished to advance, and any error was harmless.
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The Eleventh Circuit held that the district court did not abuse its discretion in admitting evidence of the defendant's prior state drug convictions, even though they were Alford pleas, because they were relevant to intent and not substantially outweighed by prejudice.
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Fla. 3d DCA·
2025-04-23
A trial judge's offhand comments during jury instructions that demean the instructions do not constitute fundamental error when the judge reads the full instructions in context and repeatedly emphasizes the jury's obligation to follow the law as given, and the defendant fails to
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M.D. Fla.·
2025-04-14
The court held that the ALJ erred by failing to include the 'brief' limitation on interactions in the RFC, and this error was not harmless.
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Fla. 5th DCA·
2025-04-11
A probation revocation is lawful when based on an admitted violation and the defendant's concession of non-compliance with drug court, even if the written order erroneously lists unadmitted violations, requiring remand only to correct the scrivener's error.
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The court affirmed the Commissioner's decision, finding it supported by substantial evidence and that the correct legal standard was applied.
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A final judgment in a dissolution of marriage must explicitly identify the child support guidelines worksheet in the record, articulate the specific amount of any imputed income, include a provision ordering the obligor to maintain health insurance for minor children if reasonabl
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Fla. 3d DCA·
2025-03-19
The trial court properly denied Pla's motion for directed verdict because expert testimony established that Pla could have seen the pedestrian and avoided the accident, and the court properly denied the new trial motion because any evidentiary errors were harmless and invited by
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The court affirmed the Commissioner's decision denying disability benefits, adopting the Magistrate Judge's recommendation.
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Fla. 1st DCA·
2025-02-05
The alcohol defense statute in section 768.36(2) applies by its plain language to negligence per se actions brought by underage drinkers, and a trial court does not err in instructing the jury on this defense in such cases.
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127 F.4th 1266·
11th Cir.·
2025-02-03
The court affirmed the sentence, holding that the district court's statement that it would have imposed the same sentence regardless of whether it was a departure or variance, combined with the sentence's substantive reasonableness, rendered any procedural error harmless.
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404 So. 3d 541·
Fla. 3d DCA·
2025-01-02
The improper admission of written statements on photographs containing accusatory narratives and descriptions beyond mere identification constitutes harmless error when the statements are cumulative of properly admitted trial testimony.
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The court held that the ALJ's decision was supported by substantial evidence and applied the correct legal standard, affirming the Commissioner's denial of benefits.
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The court held that the plaintiff is not entitled to attorney fees under the EAJA because the government's position was substantially justified, despite the ALJ's failure to adequately articulate her reasoning.