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 appellate court affirmed the denial of Richard E. Kelly's motion to correct an illegal sentence. Kelly argued his life sentence for kidnapping was based on an erroneous sentencing scoresheet, but the court found any error to be harmless because the trial court could have impo
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Fla. 2d DCA·
2021-02-24
The appellate court affirmed the revocation of probation and the sentence for aggravated battery, finding that the defendant had sufficient notice of the violation despite a technical error in the affidavit. The court remanded the case to correct scrivener's errors in the revocat
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The court held that the ALJ's failure to assign weight to a treating physician's opinions and consider the full treatment history was not harmless error, and the Appeals Council erred in rejecting new evidence as not chronologically relevant.
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Fla. 1st DCA·
2021-01-15
The appellate court reversed a trial court's judgment against R.J. Reynolds, finding that the jury instructions were flawed. The court held that to prove fraudulent concealment, the plaintiff must demonstrate detrimental reliance on a false statement, which was not adequately ins
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Fla. 1st DCA·
2020-12-16
This case involves an appeal from a judgment concerning a collision between a pedestrian and a van. The appellate court affirmed the trial court's decision, finding that the admission of intoxication evidence was proper and not an abuse of discretion.
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The court held that the movant failed to demonstrate prejudice from the alleged instructional error, and that his section 924(o) conviction was not solely based on the unconstitutionally vague residual clause of section 924(c).
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The court held that while the petitioner was denied his right to a jury finding on a fact essential to his minimum mandatory sentence under Alleyne v. United States, this error was harmless because the evidence overwhelmingly established the fact, and therefore, relief under § 22
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The appellate court affirmed the defendant's sentences despite acknowledging errors in the scoresheet and costs order. The court found these errors to be harmless because the trial court indicated it would have imposed the same sentences even without the errors.
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The appellate court affirmed most of the defendant's sentences but remanded for ministerial corrections to his scoresheet and costs order. The court found that despite sentencing errors, the defendant would have received the same sentences due to the severity of his crimes and pr
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Although a defendant is entitled to a corrected scoresheet and cost orders when errors exist, resentencing is not required when the record conclusively shows beyond a reasonable doubt that the trial court would have imposed identical sentences. The trial court's erroneous belief
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The appellate court reversed the denial of a postconviction motion, finding that an inaccurate sentencing scoresheet used in the appellant's plea agreement required resentencing. The court held that the "would-have-been-imposed" standard was misapplied by the lower court.
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M.D. Fla.·
2020-11-16
The court affirmed the Commissioner's decision, finding that any errors in the ALJ's analysis were harmless and that the decision was supported by substantial evidence.
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A prosecutor may robustly argue the truthfulness of a witness whose credibility is under attack, provided the prosecutor does not place the government's prestige behind the witness or indicate that extra-record information supports the testimony.
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Fla. 4th DCA·
2020-11-04
Probable cause existed to arrest the appellant based on the totality of circumstances, and although the trial court erroneously admitted hearsay testimony regarding a watch's value, the error was harmless because the State provided competent evidence of other items stolen that me
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When a conviction is vacated and results in changes to a defendant's sentencing scoresheet, the defendant is entitled to resentencing with a corrected scoresheet. A trial court has discretion to impose a youthful offender sentence under section 958.04(1), Florida Statutes, notwit
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M.D. Fla.·
2020-09-29
The court held that the Administrative Law Judge's decision denying disability benefits was supported by substantial evidence and applied the correct legal standards, despite a minor harmless error regarding environmental limitations.
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Zachery Keith Turner, convicted of lewd and lascivious battery on a minor, filed a federal habeas corpus petition challenging his conviction and 15-year sentence on multiple grounds, including claims of competency-to-stand-trial error, ineffective assistance of counsel, and Crawf
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M.D. Fla.·
2020-07-24
The court held that the ALJ's error in failing to explain the weight given to a physician's opinion regarding environmental limitations was harmless because the identified jobs did not require concentrated exposure to those conditions and the plaintiff failed to demonstrate that
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The court adopted the Magistrate Judge's Report and Recommendation, overruling the movant's objections and denying his motion to vacate, set aside, or correct his conviction and sentence.
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Fla. 1st DCA·
2020-06-26
The appellate court affirmed the termination of parental rights, finding sufficient evidence to support the termination and that it was in the child's best interest. The court also addressed the admissibility of a cellphone recording, deeming its admission harmless error if it oc
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The appellate court reversed a conviction for attempted manslaughter and aggravated assault, finding that the trial court committed fundamental error by omitting crucial language from the jury instruction on transferred intent. This omission prevented the jury from considering th
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The appellate court held that an erroneous denial of a motion to disqualify a judge in a criminal case, when raised on direct appeal, should be reviewed for harmless error. The court found the error harmless in this specific case and affirmed the conviction, but certified a quest
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M.D. Fla.·
2020-06-03
The court affirmed the Commissioner's decision, finding it supported by substantial evidence and free of reversible error.
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The court held that the petitioner's conviction under 18 U.S.C. § 924(c) for using a firearm during a Hobbs Act Robbery is valid, as Hobbs Act Robbery qualifies as a crime of violence under the elements clause, and the petitioner's guilty plea established guilt for this predicate
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The appellate court reversed a conviction for drug trafficking because the prosecutor misstated the law regarding the "knowledge" element of the offense during closing arguments. The court found this misstatement, which was not corrected by the trial court, was not harmless error
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N.D. Fla.·
2020-02-10
A Social Security claimant challenged an administrative law judge's decision denying his applications for disability benefits based on autism spectrum disorder and anxiety, arguing the ALJ improperly evaluated a consultative psychologist's opinion that he had severe limitations i
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M.D. Fla.·
2020-02-07
The court held that while the ALJ erred in failing to resolve an apparent conflict between the vocational expert's testimony and the Dictionary of Occupational Titles regarding a mail clerk position, this error was harmless because the vocational expert also identified other jobs
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The appellate court reversed the denial of postconviction relief for one ground, finding that the trial court improperly sent a victim's videotaped interview to the jury room during deliberations. However, the court affirmed the denial of other grounds and remanded for further pr
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Although a scoresheet error reducing the lowest permissible sentence by only two months may appear harmless, reversal and resentencing are required when the record does not conclusively show the trial court would have imposed the same sentence using a corrected scoresheet.
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Fla. 2d DCA·
2019-12-13
The appellate court reversed a probation order for Sean McSweeney, finding that the trial court erred by allowing a detective to testify about the meaning of McSweeney's statement, "She can go in and do her thing." The court held this testimony improperly invaded the province of
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Fla. 4th DCA·
2019-11-06
A scoresheet error raised under rule 3.800(a) is harmless if the trial court could have imposed the same sentence using a corrected scoresheet, and relief under rule 3.800(c) is non-appealable.
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M.D. Fla.·
2019-10-09
The court held that the ALJ's decision denying disability benefits was supported by substantial evidence, and any potential error in failing to find certain mental impairments severe was harmless because the ALJ found at least one severe impairment.
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The court denied the defendant's motions for judgment of acquittal and for a new trial. The court found sufficient evidence to support the attempted rape convictions and that the prosecutor's closing arguments did not constitute reversible error.
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Fla. 4th DCA·
2019-09-18
The defendant appeals his armed robbery conviction, challenging the trial court's admission of photographs depicting someone holding a handgun retrieved from his phone. The Fourth District Court of Appeal found the trial court erred in admitting the photographs due to insufficien
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M.D. Fla.·
2019-09-09
The court held that the Administrative Law Judge's (ALJ) decision denying disability benefits was supported by substantial evidence and employed proper legal standards, and the Appeals Council properly considered new evidence.
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The court affirmed the Commissioner's decision, finding the ALJ's denial of disability benefits was supported by substantial evidence and proper legal standards.
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The court affirmed the Commissioner's decision denying child disability benefits, finding the ALJ applied correct legal standards and substantial evidence supported the findings.
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M.D. Fla.·
2019-08-30
An Administrative Law Judge's material misstatement of fact that is integral to the ultimate disability determination is not harmless error and warrants remand. When an ALJ makes multiple misstatements of fact regarding key evidence, even if individually some might not require re
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Renado Smith and Richard Delancy, two Bahamian nationals, were convicted of conspiracy to commit alien smuggling, alien smuggling, and attempted illegal reentry after operating a boat that transported 21 Haitian nationals toward the United States in November 2016. The Eleventh Ci
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275 So. 3d 215·
Fla. 3d DCA·
2019-06-26
A show-up identification is valid despite its inherent suggestiveness when, under the totality of circumstances, the witness had adequate opportunity to view the suspect, demonstrated high attention and certainty, and the identification was made shortly after the crime. The trial
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A patient's statement in a medical record identifying the cause of an accident is admissible as an admission by a party-opponent under Florida Evidence Code § 90.803(18)(a), even if the statement may have been transmitted through multiple hospital staff members, provided each lay
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Testimony from law enforcement officers regarding an inmate's out-of-court statements that the defendant confessed to him constitutes inadmissible hearsay that does not fall within the identification exception, and admission of such evidence was not harmless error where the defen
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The Florida Supreme Court initially accepted jurisdiction to review a district court's decision based on alleged conflict but ultimately determined jurisdiction was improvidently granted. The Court discharged jurisdiction and dismissed the review proceeding, finding no apparent c
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The Florida Supreme Court discharged jurisdiction and dismissed a review proceeding, concluding that jurisdiction was improvidently granted. The case involved a conflict regarding whether a trial court's failure to make written findings constitutes harmless error or requires per
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270 So. 3d 414·
Fla. 4th DCA·
2019-04-24
The trial court did not abuse its discretion in granting the motion in limine to exclude prior livestock escape evidence. The one prior incident Carnahan preserved (Carlton Road escape) was dissimilar to the collision at issue and failed to demonstrate the owner's negligence, as
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An upward departure sentence based on the trial court's finding of an escalating pattern of criminal conduct, without jury determination, violates Apprendi and Blakely but constitutes harmless error when the record demonstrates beyond a reasonable doubt that a rational jury would
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Defendant appealed his sentence for armed kidnapping and robbery, challenging the trial court's denial of a downward departure motion and alleging scoresheet errors. The appellate court affirmed the denial of the downward departure but reversed and remanded for resentencing due t
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Fla. 5th DCA·
2018-12-21
While the trial court erred in admitting expert annotations superimposed on MRI images and in precluding the opposing expert from reviewing the admitted exhibit, the errors were harmless because the defendant's expert was permitted to offer opinions using substantially similar im
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A defendant's statement qualifies as an excited utterance admissible under Florida Statute § 90.803(2) when it satisfies the three-prong test: the event is startling enough to cause nervous excitement, the statement is made before there is time to contrive or misrepresent, and th
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Francisco Rodriguez was convicted of burglary of an occupied dwelling and assault based partly on hearsay statements from a third party (Coral Negron) that were inadmissible to prove Rodriguez's state of mind. The Florida appellate court reversed, finding the hearsay error harmfu