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

• Dandre Curtez Russell v. State
  261 So. 3d 668· Fla. 2d DCA· 2018-11-28
  Florida appellate court affirmed probation revocation and sentencing but remanded for correction of scoresheet errors that assessed four additional legal status points and twelve additional community violation points.
• M.P. v. State
  259 So. 3d 938· Fla. 3d DCA· 2018-11-21 ·via Burden Of Proof For Harmless Error
  M.P., a juvenile, was adjudicated delinquent for trespass and criminal mischief after entering a rental unit to turn on air conditioning during a dispute with the landlord's relatives. The appellate court affirmed the trespass finding but reversed the criminal mischief conviction
• Eriese Alphonso Tisdale v. State
  257 So. 3d 357· Fla.· 2018-11-08 ·via Harmless Error Review
  Eriese Alphonso Tisdale was convicted of first-degree murder of a law enforcement officer and sentenced to death based on a 9-3 jury recommendation. The Florida Supreme Court affirmed all convictions and non-capital sentences but vacated the death sentence because the non-unanimo
• LEE v. State
  Fla. 3d DCA· 2018-10-17 ·via Harmless Error Analysis In Sentencing
  A defendant has a constitutional right to be present and represented by counsel at a resentencing hearing when the trial court has discretion in imposing the corrected sentence. The error in resentencing in absentia and without counsel is not harmless when the trial court exercis
• Fredery Leon Duarte v. State
  Fla. 4th DCA· 2018-10-10
  A first appearance judge must make an explicit finding as to whether the probable cause affidavit establishes that proof of guilt is evident or the presumption is great before denying pretrial release without bond. Although the trial judge's failure to make this finding constitut
• Bernardo Gray v. State
  Fla. 4th DCA· 2018-10-10
  A first appearance judge must make a finding as to whether the probable cause affidavit establishes that proof of guilt is evident or the presumption is great before denying pretrial release without bond; failure to make this finding constitutes error, though it may be harmless i
• Rakim J. Watson v. State
  Fla. 5th DCA· 2018-09-03
  Evidence was sufficient to support Watson's convictions for aggravated battery and firearm offenses despite witness inconsistencies, and the trial court's inadvertent disclosure of Watson's prior conviction was harmless error where Watson himself testified about his felony status
• Miller v. State
  253 So. 3d 768· Fla. 2d DCA· 2018-08-31
  A trial court may revoke probation based on proper grounds even when the revocation order also cites improper grounds, and the appellate court will affirm the revocation and remand for entry of a corrected order removing the improper grounds.
• Lexington Club Cmty. Ass'n, Inc. v. Love Madison, Inc.
  253 So. 3d 632· Fla. 4th DCA· 2018-08-15
  In a negligent procurement of insurance action under Florida law, the measure of damages is the loss that would have been covered had proper insurance been obtained; where no loss occurs, the insured cannot recover the premium paid absent a separate theory of recovery such as unj
• Dunbar v. State
  245 So. 3d 1013· Fla. 5th DCA· 2018-06-15 ·via Harmless Error Rule
  Brown was convicted of two counts of DUI/manslaughter and sentenced to three years imprisonment. On appeal, he challenged the admission of expert testimony regarding alcohol's effects on the body, vehicle speed estimation, and the exclusion of rebuttal witness testimony. The cour
• Brutus v. State
  248 So. 3d 1259· Fla. 1st DCA· 2018-06-13
  Any error in denying the motion to suppress evidence from the iPod was harmless beyond a reasonable doubt because overwhelming independent evidence of guilt existed.
• Ward v. State
  244 So. 3d 1129· Fla. 4th DCA· 2018-06-06 ·via Harmless Error Analysis In Sentencing
  A sentencing scoresheet error is not harmless when the record does not conclusively show the trial court would have imposed the same sentence using a correct scoresheet, regardless of whether the error is a simple mathematical mistake.
• Volvick Vassor v. State
  244 So. 3d 1121· Fla. 4th DCA· 2018-05-16
  A general verdict of guilty for first-degree murder may be upheld where the evidence is sufficient to support either felony murder or premeditation, even if evidence for one theory is weaker than the other, provided both theories are legally adequate and not based on erroneous le
• Bull v. State
  245 So. 3d 699· Fla. 2d DCA· 2018-04-27 ·via Chapman V. California Harmless Error Standard
  A trial court's instruction that was irrelevant to any fact in issue constitutes reversible error when it effectively negates the defendant's self-defense claim, particularly when combined with prosecutorial arguments stating the defendant had no right to self-defense, and cannot
• Tirado v. State
  241 So. 3d 881· Fla. 4th DCA· 2018-04-25
  An omitted jury instruction relating to an offense two or more steps removed from the charged offense constitutes harmless error.
• Newton v. State
  237 So. 3d 386· Fla. 4th DCA· 2018-01-24 ·via Harmless Error Standard
  The trial court properly admitted a booking photograph to refresh an arresting deputy's recollection of the defendant's identity, distinguishing this case from situations involving suggestive single photographs shown to lay witnesses. Even if erroneous, any error was harmless bey
• Schmertz Pierre-Louis Jr. v. State
  233 So. 3d 1186· Fla. 3d DCA· 2017-11-22
  The Florida Third District Court of Appeal affirmed a conviction for manslaughter, holding that a prosecutor's comment during closing argument, though potentially referring to the defendant's right to remain silent, was harmless error due to immediate correction and context.
• Taylor v. Jones
  228 So. 3d 71· Fla.· 2017-10-12 ·via Chapman V. California Harmless Error Standard
  John Calvin Taylor II petitioned for habeas corpus relief under Hurst v. Florida, challenging his death sentence imposed by a non-unanimous jury recommendation (10-2). The Florida Supreme Court held that Hurst applies retroactively to Taylor's final 2004 sentence and that the non
• Hammer v. Howard Med., Inc.
  Del. Super. Ct.· 2017-08-18 ·via Harmless Error Rule
  The court denied the plaintiff's motion for relief from order, finding it barred by Rule 59(e) as a motion for reargument filed outside the appropriate period. Even if considered on its merits, the court found no basis for relief under Rules 60 or 61. The court determined that th
• Simon v. State
  225 So. 3d 934· Fla. 3d DCA· 2017-08-16 ·via Harmless Error Standard
  Johnathan Simon was convicted of first-degree murder and attempted first-degree murder in the shooting death of Jason Maharaj and wounding of a fourteen-year-old. Simon appealed, arguing that the state's DNA expert committed fundamental error by bolstering her credibility through
• Littleman v. State
  222 So. 3d 616· Fla. 1st DCA· 2017-06-19 ·via Harmless Error Analysis In Sentencing
  When a defendant is convicted of traveling to meet a minor after solicitation and separate solicitation offenses based on different conduct—here, distinct communications to different persons—double jeopardy principles require vacation of only one of the solicitation convictions,
• Gentry v. State
  15th Cir. Ct. App. Div.· 2017-04-25
  Daniel K. Gentry appeals his DUI conviction, challenging the prosecutor's closing argument comments that invited the jury to infer impairment from Gentry's failure to explicitly deny being under the influence to the arresting officer. The appellate court affirmed the conviction d
• C.D.C. v. State
  211 So. 3d 357· Fla. 4th DCA· 2017-03-01 ·via Harmless Error Analysis In Sentencing
  A juvenile convicted of sexual battery appeals his disposition after the trial court conducted part of the disposition hearing in his absence, hearing testimony from the victim's mother and a Department of Juvenile Justice representative without the juvenile present. The court re
• Portillo v. State
  211 So. 3d 1135· Fla. 3d DCA· 2017-02-22
  In a case of first impression, the Florida Third District Court of Appeal affirmed Portillo's conviction for attempted sexual battery, rejecting his argument that the victim's testimony about her prior sexual experience violated Florida's Rape Shield Law. The court held that the
• Ervin J. Lewis v. State
  211 So. 3d 279· Fla. 1st DCA· 2017-02-07 ·via Harmless Error Standard
  The Florida First District Court of Appeal reversed Lewis's conviction for battery within a detention facility due to the trial court's failure to instruct the jury on the lesser-included offense of simple battery, following binding precedent despite recognizing the rule creates
• Mosley v. State
  182 So. 3d 797· Fla. 2d DCA· 2016-01-06 ·via Burden Of Proof For Harmless Error
  Tonya Mosley appealed her convictions for battery on a person over sixty-five and felony battery, arguing she acted in self-defense. The trial court excluded her key eyewitness, Julius Little, due to late disclosure, but the appellate court found the exclusion constituted harmful
• Delma McNally Blair v. State
  181 So. 3d 1250· Fla. 1st DCA· 2015-12-28 ·via Harmless Error Analysis In Sentencing
  The court held that the trial court erred in sentencing the defendant under the criminal punishment code applicable at the time of probation revocation, rather than the law in effect at the time of the original offenses.
• ETW Corp. v. Gotta Have IT Golf, Inc.
  185 So. 3d 537· Fla. 3d DCA· 2015-12-23
  Affirmed; where a general verdict is rendered without proper objection and multiple causes of action are submitted to the jury, reversal is improper when the appellant cannot establish prejudice as to one issue.
• Boley Ctrs. v. Vines
  179 So. 3d 464· Fla. 1st DCA· 2015-11-16 ·via Harmless Error Standard
  In this workers' compensation case, the court addressed whether an employee's psychiatric injury and related hospitalizations were compensable, and whether the employer/carrier was properly ordered to pay psychiatric providers and reimburse third-party payers. The court affirmed
• Wheeler v. State
  171 So. 3d 169· Fla. 2d DCA· 2015-07-24 ·via Harmless Error Analysis In Sentencing
  Phillip Wheeler appeals his life sentence imposed upon resentencing for a 1997 sexual battery offense, arguing that although the trial judge orally pronounced reasons for departure at the resentencing hearing, the judge failed to comply with Florida Rule of Criminal Procedure 3.7
• Morse v. State
  169 So. 3d 1257· Fla. 5th DCA· 2015-07-24 ·via Harmless Error Analysis In Sentencing
  Jason Morse was convicted of three counts of aggravated assault on a law enforcement officer with a firearm and sentenced to 461.25 months based on an erroneous Criminal Punishment Code Scoresheet. The appellate court found the scoresheet improperly calculated the offense points
• Young v. State
  143 So. 3d 450· Fla. 5th DCA· 2014-07-18 ·via Harmless Error Standard
• Cokely v. State
  138 So. 3d 1204· Fla. 4th DCA· 2014-05-28 ·via Harmless Error Review
  The defendant was convicted of felony battery and appealed the trial court's exclusion of his fiancée's testimony due to a violation of the witness sequestration rule. The appellate court held that the trial court erred by applying the sequestration rule as a strict rule of law w
• Lakes v. State
  137 So. 3d 450· Fla. 4th DCA· 2014-03-19 ·via Burden Of Proof For Harmless Error
  Isaac Lakes appeals his convictions for aggravated assault, child abuse, false imprisonment, burglary, and firearm possession, challenging the trial court's allowance of cross-examination questions about his ability to tailor his testimony based on his presence during other witne
• Gutierrez v. State
  133 So. 3d 1123· Fla. 5th DCA· 2014-02-14 ·via Burden Of Proof For Harmless Error
  Rafael Gutierrez was convicted of sexual battery by a jury after being charged with raping a woman in her car. On appeal, the Fifth District Court of Appeal held that the trial court erred in giving a special jury instruction stating that the victim's testimony need not be corrob
• Hilton Rodriguez v. State
  112 So. 3d 744· Fla. 5th DCA· 2013-05-10 ·via Burden Of Proof For Harmless Error
  Hilton Rodriguez appeals his convictions for sexual activity with a child and related offenses after a jury verdict. The Florida appellate court reversed and remanded for a new trial, finding that the trial court erroneously admitted irrelevant evidence of the defendant's collate
• State v. Arman Jouzdani
  98 So. 3d 1264· Fla. 1st DCA· 2012-10-19 ·via Harmless Error Standard
  Defendant Jouzdani was convicted of kidnapping, extortion, and grand theft arising from an incident where he allegedly held a man at gunpoint to recover lost drug money. The appellate court reversed the convictions due to a trial court error in allowing improper impeachment of a
• Pope v. State
  95 So. 3d 302· Fla. 3d DCA· 2012-07-11
  A conviction for conspiracy to commit armed robbery may be affirmed despite a Postell error in admitting police officer testimony regarding statements of co-defendants, when the error is harmless beyond a reasonable doubt under the circumstances.
• Stephens v. State
  78 So. 3d 686· Fla. 5th DCA· 2012-01-27
  The court reversed the attempted burglary conviction because tools found on the defendant lacked evidentiary connection to the crime, but affirmed the resisting arrest conviction as harmless error.
• Tyra Williams v. State
  79 So. 3d 115· Fla. 4th DCA· 2012-01-18 ·via Harmless Error Rule
  The court held that while the trial court erred in admitting irrelevant evidence, the error was harmless and did not contribute to the conviction.
• D.J. v. State
  67 So. 3d 1191· Fla. 3d DCA· 2011-08-24
  Juvenile's delinquency adjudication affirmed despite erroneous admission of unauthenticated school attendance records, as the error was harmless beyond a reasonable doubt.
• McDUFFIE v. State
  72 So. 3d 774· Fla. 5th DCA· 2011-08-12 ·via Chapman Harmless Error Test
  Roy Lee McDuffie appealed his convictions for two counts of first-degree murder, robbery with a firearm, and false imprisonment with a firearm, raising five trial issues. The Florida Fifth District Court of Appeal affirmed his convictions and sentences, finding harmless error in
• Sand Dollar Distribs., Inc. v. Eastgroup Props., LP
  65 So. 3d 94· Fla. 4th DCA· 2011-06-22
  A tenant appealed a final judgment for breach of lease after vacating premises without paying accelerated rent for the remaining term. The trial court rejected the tenant's defense of oral modification and found the tenant's witnesses not credible. The appellate court affirmed th
• State v. Keren-Esther Harp
  15th Cir. Ct. App. Div.· 2011-04-11 ·via Harmless Error Review
  Keren-Esther Harp was convicted of Leaving the Scene of a Crash Involving Damage and Reckless Driving Causing Injury to Property. The appellate court reversed her conviction because the trial court erroneously admitted hearsay testimony from a community service aide about stateme
• Habeych v. State
  58 So. 3d 372· Fla. 5th DCA· 2011-04-08 ·via Harmless Error Review
  A defendant cannot be sentenced without counsel present unless there is a knowing and voluntary waiver of the right to counsel, and proceeding to sentencing when defense counsel is absent and no waiver is shown in the record constitutes fundamental error requiring reversal.
• Vanwagner v. State
  45 So. 3d 572· Fla. 4th DCA· 2010-10-20 ·via Harmless Error Review
  Edward VanWagner was convicted of armed kidnapping based on jury instructions that allowed conviction under intent elements not charged in the indictment. The Fourth District granted his habeas corpus petition for ineffective assistance of appellate counsel, finding fundamental e
• Green v. State
  43 So. 3d 924· Fla. 1st DCA· 2010-09-13
• Special v. Ivo Baux, M.D.
  52 So. 3d 682· Fla. 4th DCA· 2010-06-23 ·via Harmless Error Standard
  The trial court did not abuse its discretion in excluding cross-examination of the defendant's expert regarding the hospital's allegedly disproportionate rate of AFE diagnoses, as such evidence was collateral to the negligence claim and immaterial to whether the defendant neglige
• C.B. v. Dep't of Child. & Families
  32 So. 3d 748· Fla. 5th DCA· 2010-04-20
  Florida appellate court affirmed termination of parental rights as to all five children despite trial court's erroneous reliance on an unpled statutory ground for one child, because other adequate grounds for termination were established.
• Benzant v. State
  34 So. 3d 112· Fla. 3d DCA· 2010-04-14 ·via Harmless Error Standard
  Samuel Benzant appealed his convictions for first-degree murder and armed robbery, challenging the admission of evidence regarding a prior failed robbery attempt and details about the source of the murder weapon from his taped confession. The Florida District Court of Appeal affi