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

• Burgos v. Fla. Dep't of Corr.
  S.D. Fla.· 2022-11-18 ·via Brecht Harmless-Error Standard
  Badi Burgos, a Florida prisoner convicted of felony murder and armed robbery, filed a federal habeas petition challenging his state conviction and sentence, raising claims about the trial court's failure to conduct hearings on his right to self-representation and discharge of cou
• Burgess v. Fla. Dep't of Corr.
  S.D. Fla.· 2022-11-15 ·via Brecht Harmless-Error Standard
  Al Burgess, a Florida prisoner sentenced to life for armed kidnapping and armed sexual battery, challenged his resentencing through federal habeas corpus, arguing his resentencing counsel rendered ineffective assistance by failing to object to an upward departure sentence and by
• Mustafa v. Fla. Dep't of Corr.
  S.D. Fla.· 2022-10-03 ·via Harmless Error Standard
  The Court denies Ground 1 and dismisses Grounds 2 through 10 of the habeas petition, finding some claims unexhausted, others procedurally defaulted, and one cognizable only under state law.
• Harrison-Hood v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-09-26
  The court held that the unconstitutional removal provision of 42 U.S.C. § 902(a)(3) does not necessitate a remand because the provision is severable and the plaintiff failed to demonstrate a nexus between the provision and any compensable harm. The court also found that the ALJ's
• Gelin v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-09-26
  The court affirmed the Commissioner's decision, finding the ALJ's evaluation of the plaintiff's symptoms was supported by substantial evidence and that the plaintiff's constitutional claim regarding the Commissioner's appointment failed.
• Rodriguez v. Comm'r Soc. Sec. Admin.
  M.D. Fla.· 2022-09-21
  The court held that the Commissioner's decision denying disability benefits was supported by substantial evidence, and any errors regarding specific job numbers were harmless.
• Chestang v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-09-20
  Plaintiff Donata Romelle Chestang sought judicial review of the Social Security Administration's denial of her disability benefits claim, challenging the constitutionality of the Commissioner's tenure protections, the ALJ's analysis of medical evidence regarding her mental impair
• Williams v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-09-20
  The court affirmed the Commissioner's decision, finding that even if the ALJ erred in determining the claimant's residual functional capacity for work with a GED reasoning level of three, the error was harmless because the claimant could perform jobs with lower reasoning levels,
• Oliveira v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-09-19
  The court affirmed the Commissioner's decision, finding that any error by the ALJ in failing to explicitly evaluate temporary post-surgical work restrictions was harmless.
• Gresham v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-09-06
  Elisha Gresham sought judicial review of the Social Security Administration's denial of her claim for disability insurance benefits, challenging both the constitutional validity of the Commissioner's statutory tenure protections and the ALJ's evaluation of medical opinion evidenc
• Moreno Tippenhaver v. Comm'r of Soc. Sec.
  S.D. Fla.· 2022-08-12
  The court held that any error by the ALJ in failing to explicitly identify the plaintiff's shoulder impairment as severe at step two was harmless because the ALJ considered all of the plaintiff's impairments and the evidence when formulating the RFC and making the final disabilit
• Woodward v. State
  Fla. 1st DCA· 2022-08-10
  Probation revocation is affirmed where competent, substantial evidence supports multiple grounds for violation, but findings regarding monetary conditions must be stricken if the trial court failed to determine the probationer's ability to pay before finding a willful violation.
• Kohler v. State
  Fla. 4th DCA· 2022-07-27 ·via Burden Of Proof For Harmless Error
  The appellate court affirmed a DUI conviction, finding that while the trial court erred by admitting a deputy's testimony about a victim's out-of-court identification, this error was harmless due to other strong evidence presented.
• Sampson v. State
  Fla. 3d DCA· 2022-07-27 ·via Harmless Error Analysis In Sentencing
  When a trial court uses an incorrect sentencing scoresheet and imposes a sentence exceeding the guidelines range, the sentence is illegal and must be vacated for resentencing, even if the sentence falls within the statutory maximum, unless the record clearly demonstrates the tria
• Kelter v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-07-13
  The court held that the ALJ's RFC assessment was supported by substantial evidence, and any error in evaluating a treating provider's opinion was harmless.
• Reyno v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-07-12
  The court affirmed the Commissioner's decision, finding that the ALJ applied the correct legal standards and that the findings were supported by substantial evidence.
• v. ID. No. 1605012921A Diamonte Taylor
  Del. Super. Ct.· 2022-06-30 ·via Harmless Error Standard
  The court denied the defendant's motion to dismiss the indictment, finding that a retrial after the vacatur of his conviction does not violate the Double Jeopardy Clause. The court rejected the defendant's novel theories for lowering Delaware's intent requirement for prosecutoria
• Alvarez-Rodriguez v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-06-15
  The court affirmed the Commissioner's decision, finding that the ALJ's determination of the plaintiff's limited education and ability to communicate in English was supported by substantial evidence, and any error in failing to elaborate on these findings was harmless.
• Herring v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-06-14
  The court held that the unconstitutional removal provision of 42 U.S.C. § 902(a)(3) does not necessitate a rehearing because the provision is severable and the plaintiff failed to show a nexus between the provision and any compensable harm. The court also held that it lacked juri
• Cardona v. Inch
  S.D. Fla.· 2022-06-14 ·via Brecht Harmless-Error Standard
  Esdras Cardona's federal habeas petition challenging his 2007 Florida conviction for sexual battery and burglary was dismissed in part and denied in part because his claim about inadequate hearings on newly discovered evidence raised only state law issues and his remaining ineffe
• Abraham v. State
  Fla. 4th DCA· 2022-06-08 ·via Harmless Error Review
  A sentencing court's reliance on an inaccurately calculated scoresheet constitutes reversible error when the imposed sentence exceeds the corrected scoresheet's recommendation and the record does not conclusively demonstrate the court would have imposed the same sentence under th
• Renford v. Inch
  S.D. Fla.· 2022-06-07 ·via Brecht Harmless-Error Standard
  Tyshon Renford's federal habeas petition challenging his Florida state-court conviction for armed kidnapping, robbery with a firearm, and armed carjacking was dismissed as to one claim for failure to exhaust state remedies and denied as to two remaining claims on the merits. The
• St. Claire v. State of Fla. (Collier County)
  M.D. Fla.· 2022-06-03 ·via Harmless Error Review
  William St. Claire sought federal habeas relief under 28 U.S.C. § 2254, claiming constitutional violations at his trial for aggravated assault with a firearm, including denial of funds for a communications expert, improper exclusion of evidence regarding his reasons for visiting
• Falcon v. State
  Fla. 1st DCA· 2022-05-25 ·via Harmless Error Analysis In Sentencing
  The appellate court affirmed a life sentence for a juvenile offender convicted of murder, finding that the trial court's factual findings were supported by competent, substantial evidence and that the court did not abuse its discretion in sentencing. The case involved resentencin
• Cintron v. State
  Fla. 2d DCA· 2022-04-20 ·via Burden Of Proof For Harmless Error
  The appellate court reversed a conviction for dealing in stolen property, finding that the trial court improperly instructed the jury on two statutory inferences. The court held that the State failed to establish the fair market value of the property and that the defendant was no
• Marrone v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-03-31
  The ALJ's failure to assign weight to a treating physician's medical opinion, and to consider relevant medical evidence, means the decision is not supported by substantial evidence.
• Thomas v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-03-28
  The court affirmed the Commissioner's decision, finding the ALJ's determination that the plaintiff was not disabled was supported by substantial evidence and applied correct legal standards.
• Phillip v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-02-23
  The court held that the ALJ's misstatement of material medical evidence regarding the claimant's interactions with medical personnel was not harmless error and required reversal and remand.
• Kelley v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-02-16
  The court held that the ALJ failed to adequately consider the opinion evidence of PA Northrup, specifically regarding the claimant's memory loss, and therefore the decision was not supported by substantial evidence.
• Amison v. State
  Fla. 1st DCA· 2022-02-09 ·via Harmless Error Analysis In Sentencing
  Grand theft is a lesser-included offense of organized scheme to defraud, and when charged with identical dates and victims in the charging document, convictions for both violate double jeopardy; the double-jeopardy analysis is limited to the charging document and cannot consider
• Amison v. State
  Fla. 1st DCA· 2022-02-09 ·via Harmless Error Analysis In Sentencing
  Grand theft is a lesser-included offense of organized scheme to defraud, and when charged with identical dates and victims in the charging document, convictions for both violate double jeopardy; therefore, the grand theft convictions must be reversed based solely on examination o
• Mitchell v. United States
  M.D. Fla.· 2022-01-04 ·via Harmless Error Review
  The court held that the petitioner's claim of insufficient evidence was procedurally defaulted and lacked merit, and that any Rehaif error was harmless on collateral review.
• Plaintiff v. Thomas
  Del. Super. Ct.· 2021-11-10 ·via Harmless Error Review
  The court denied the defendant's motion for post-conviction relief, finding that his claims were procedurally barred under Rule 61. The defendant failed to demonstrate cause for not raising the issues on direct appeal, as sufficient evidence was available to his trial counsel. Fu
• Coke v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-10-27 ·via Harmless Error In Administrative Proceedings
  The court held that the ALJ properly considered the medical evidence and vocational expert testimony, and that the Commissioner's denial of disability benefits was supported by substantial evidence.
• Washington v. State
  Fla. 2d DCA· 2021-10-22 ·via Harmless Error Analysis In Sentencing
  The appellate court reversed a defendant's sentence for the third time, holding that the lower court erred by failing to conduct a de novo sentencing proceeding as required by statute after previous reversals. The court also found that the defendant should be resentenced by a dif
• Smith v. State of Fla. & Terry Smith v. Mark S. Inch
  Fla.· 2021-10-21 ·via Harmless Error Review
  Trial counsel did not render deficient performance by introducing a portion of Smith's interrogation containing references to lack of remorse, as it was a sound strategic decision to show detective misconduct; counsel was not deficient in stipulating to booking photographs with w
• Hogan v. United States
  M.D. Fla.· 2021-10-04 ·via Harmless Error Review
  Raimundo Antonio Hogan was convicted of firearm possession by a convicted felon and sentenced to 180 months imprisonment; he challenged his conviction and sentence through a §2255 motion on grounds of ineffective assistance of counsel, prosecutorial misconduct regarding firearm s
• Hancock v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-07
  The court affirmed the Commissioner's decision, finding the ALJ's determination that the plaintiff was not disabled was supported by substantial evidence and that any errors in considering medical opinions were harmless.
• Amison v. State
  Fla. 1st DCA· 2021-08-18 ·via Harmless Error Analysis In Sentencing
  The appellate court reviewed convictions for financial crimes against a married couple, the Amisons. The court reversed some convictions due to double jeopardy violations and errors in restitution calculations, while affirming others. The case highlights the importance of distinc
• Amison v. State
  Fla. 1st DCA· 2021-08-18 ·via Harmless Error Analysis In Sentencing
  Spouses Jennifer and Joseph Amison appealed convictions for financial crimes related to a charity fundraiser. The appellate court reversed some convictions due to double jeopardy violations and errors in restitution calculations, while affirming others.
• Ramos v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-07-13
  The court held that the ALJ erred by failing to articulate the weight given to a treating physician's opinion, and this error was not harmless because the opinion conflicted with the ALJ's findings regarding the claimant's daily activities.
• Giddens v. State
  322 So. 3d 745· Fla. 1st DCA· 2021-06-22 ·via Burden Of Proof For Harmless Error
  The appellate court affirmed a defendant's convictions for first-degree murder and attempted robbery, finding that while the prosecutor improperly asked the defendant if state witnesses were lying, this error was harmless beyond a reasonable doubt. The court determined the error
• Lizett Alexis Allen v. State
  Fla. 4th DCA· 2021-04-21 ·via Burden Of Proof For Harmless Error
  Lizett Allen appeals her conviction for grand theft over $20,000, challenging the trial court's exclusion of evidence regarding the purported victim's divorce and drug use. The Fourth District Court of Appeal agrees that the evidence was relevant to establish the victim's motive
• Martinez v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-04-21
  The court held that while the ALJ erred by failing to discuss the factors for evaluating subjective complaints, the error was harmless because the record clearly indicated the plaintiff engaged in daily activities inconsistent with his claimed limitations.
• Williams v. United States
  M.D. Fla.· 2021-04-19
  Walter Williams sought post-conviction relief under 28 U.S.C. § 2255, challenging his drug and firearm convictions on multiple grounds, including alleged grand jury irregularities and the legality of his Armed Career Criminal Act (ACCA) sentencing enhancement. The court denied al
• Cori Lamar Butler v. State
  Fla. 4th DCA· 2021-03-31
  Although a trial court may abuse its discretion in excluding a victim's next of kin from trial proceedings under Marsy's Law, a defendant is not entitled to relief absent a showing of prejudice. The constitutional right to be present does not conflict with the accused's right to
• Hulon v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-03-29
  The court affirmed the Commissioner's decision, finding the ALJ properly considered all evidence and applied correct legal standards in denying disability benefits.
• Colbert v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-03-23
  The court affirmed the Commissioner's final decision denying disability benefits, finding the ALJ committed no reversible error.
• Bruno, Jr. v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-03-22
  The decision of the Commissioner of Social Security denying the plaintiff's claim for disability benefits is affirmed. The court found that the Commissioner's decision was supported by substantial evidence and contained no reversible error. The plaintiff's arguments regarding the
• Marrero v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-03-22 ·via Harmless Error In Administrative Proceedings
  The court held that the Administrative Law Judge (ALJ) failed to adequately explain the weight given to the opinions of examining psychologists and the child's teacher, requiring reversal and remand.