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

• McCRARY-EL v. Shaw
  992 F.2d 809· 8th Cir.· 1993-05-06
  The court held that the trial court did not abuse its discretion in excluding witness testimony, admitting a videotape, or admitting conduct violation reports, and that any error in refusing a jury instruction regarding missing evidence was harmless.
• United States v. Hitchcock
  992 F.2d 236· 9th Cir.· 1993-04-28 ·via Harmless Error Review
  The court held that the interlocutory order denying appointment of counsel without a showing of financial need and refusing to prevent prosecution use of financial information is not immediately appealable under the collateral-order doctrine and that a writ of mandamus is not war
• Hendricks v. Zenon
  993 F.2d 664· 9th Cir.· 1993-04-22 ·via Chapman Harmless Error Test
  The court held that the Oregon Court of Appeals violated the defendant's Sixth Amendment right to effective assistance of counsel by denying his motion for substitution of counsel and forcing him to proceed pro se without a knowing and intelligent waiver.
• United States v. Jearold Kenneth Williams
  989 F.2d 1061· 9th Cir.· 1993-03-22 ·via Harmless Error Review
  The court held that the search warrants were valid, the admission of certain hearsay statements was either proper or harmless error, other crimes evidence was admissible, severance was not required, prosecutorial misconduct did not warrant reversal, and the Sentencing Guidelines
• United States v. Dack
  987 F.2d 1282· 7th Cir.· 1993-03-09
  The court held that the trial court did not err in instructing the jury on the Fifth Amendment and political disagreement with tax laws, as these instructions were supported by the evidence and did not prejudice the defendant.
• United States v. Florencio Ortega-Lopez
  988 F.2d 70· 9th Cir.· 1993-03-03 ·via Harmless Error Review
  The district court lacked jurisdiction to hear the Rule 35(a) motion after the notice of appeal was filed, and the failure to afford allocution was harmless error.
• Bendel v. State
  613 So. 2d 613· Fla. 4th DCA· 1993-02-24 ·via Harmless Error Analysis In Sentencing
  The court reversed and remanded for resentencing because the trial judge improperly applied a multiplier to legal restraint points in calculating the sentencing guidelines score, contrary to the Florida Supreme Court's disapproval of such multipliers in Flowers v. State.
• United States v. Nazarenus
  983 F.2d 1480· 8th Cir.· 1993-01-27 ·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the defendant's speedy trial rights were not violated, the trial court did not abuse its discretion in jury selection, the stipulation regarding Indian country was sufficient, and evidentiary rulings and jury instructions were either not erroneous or constitut
• United States v. Tinker
  985 F.2d 241· 6th Cir.· 1992-12-15
  The court's holding, as dictated by precedent, is that Michigan law fails to substantially restore civil rights to felons, thus subjecting them to federal firearm prohibitions. However, the concurring judge disagrees with this interpretation.
• Boone v. Dick D. Moore
  980 F.2d 539· 8th Cir.· 1992-12-02
  The court held that the admission of the audiologist's report as substantive evidence was error, but harmless, and that the district court did not abuse its discretion in admitting expert testimony despite late disclosure.
• Allison v. Ticor Title Ins. Co.
  979 F.2d 1187· 7th Cir.· 1992-11-12 ·via Harmless Error Rule
  The court held that Ticor breached its duty to defend its insureds and is estopped from asserting policy exclusions, and that title insurers are not exempt from prejudgment interest statutes.
• Akrawi v. Jabe
  979 F.2d 418· 6th Cir.· 1992-11-09 ·via Chapman V. California Harmless Error Standard
  The court held that the trial court's error in barring a witness for violating a sequestration order was harmless beyond a reasonable doubt, and that the petitioner's other claims of constitutional error and ineffective assistance of counsel lacked merit.
• Commonwealth OF The N. Mariana Islands v. Mariano Faisao Mendiola
  976 F.2d 475· 9th Cir.· 1992-09-23
  The CNMI Supreme Court had jurisdiction over the appeal, but Mendiola's confessions were involuntary due to the totality of the circumstances, including inadequate Miranda warnings and his mental state, and should have been suppressed.
• Rouleau v. Meachum
  974 F.2d 8· 2d Cir.· 1992-08-27 ·via Chapman V. California Harmless Error Standard
  The court held that any error in the jury instruction concerning duress was harmless with respect to the robbery conspiracy charge, and therefore reversed the grant of a conditional writ of habeas corpus.
• Byrnes v. Vose
  969 F.2d 1306· 1st Cir.· 1992-07-17 ·via Chapman V. California Harmless Error Standard
  The court held that the petitioner failed to exhaust state remedies and the futility exception did not apply, affirming the dismissal of his federal habeas corpus petition.
• Desire v. Attorney General OF California
  969 F.2d 802· 9th Cir.· 1992-07-10 ·via Harmless Error Rule
  The court held that the defendant's confession, obtained after he invoked his Miranda rights and without initiating further communication, was unconstitutionally elicited and should have been suppressed.
• United States v. Pasquale G. Barone
  968 F.2d 1378· 1st Cir.· 1992-07-06 ·via Harmless Error Review
  The court held that the district court's finding of voluntariness must be given deference, and suppression of the statements was improper.
• United States v. DeBOER
  966 F.2d 1066· 6th Cir.· 1992-06-09 ·via Harmless Error Standard
  The court held that the defendant's conviction for conspiracy to distribute a controlled substance was supported by sufficient evidence and that the trial court did not commit reversible error in its jury instructions or evidentiary rulings.
• Hinson v. State
  595 So. 2d 301· Fla. 3d DCA· 1992-03-24
  Edward Hinson appeals his conviction for armed robbery, attempted murder, kidnapping, and firearm offenses stemming from a 1986 restaurant robbery where a customer was shot. The appellate court affirmed his convictions, finding his various trial errors, if any, harmless in light
• Nylon Vick v. A.L. Lockhart
  952 F.2d 999· 8th Cir.· 1991-12-26 ·via Harmless Error Standard
  The court held that a remand is necessary to determine the timing of Miranda warnings and for an evidentiary hearing on ineffective assistance of counsel claims.
• In re NEW Concept Hous., Inc. v. Arl W. Poindexter, Jr.
  951 F.2d 932· 8th Cir.· 1991-12-20 ·via Federal Rule Of Civil Procedure 61 (Harmless Error)
  The court held that the bankruptcy court's failure to provide notice of a settlement hearing to the debtor was a denial of due process and not harmless error, even though the debtor was not represented by counsel.
• United States v. Flenoid
  949 F.2d 970· 8th Cir.· 1991-11-21 ·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the improper exclusion of a key witness's prior testimony, which was not harmless error, required reversal of the conviction and remand for a new trial.
• Hope v. State
  588 So. 2d 255· Fla. 5th DCA· 1991-10-10 ·via Harmless Error Rule
  Hope was charged with felony DUI based on three prior Minnesota DUI convictions. The information did not allege the prior convictions as essential elements, but Hope received notice of them and pled nolo contendere. The court held the circuit court had jurisdiction despite the de
• United States v. Rafaelito
  946 F.2d 107· 10th Cir.· 1991-09-24 ·via Harmless Error Rule
  The court held that the admission of the defendant's exculpatory statements was harmless error, the denial of a lesser included offense instruction was proper, and the denial of a reduction for acceptance of responsibility was correct.
• Lushington v. State
  585 So. 2d 1147· Fla. 4th DCA· 1991-09-18
  Any error in admitting hearsay testimony or irrelevant testimony regarding a deceased codefendant was harmless because the evidence of guilt was overwhelming.
• Marta Garcia-Lavin, M.D. v. Fla. Dep't of Prof'l Reg.
  588 So. 2d 998· Fla. 3d DCA· 1991-09-10
  Physician's license suspension affirmed where she lacked Fourth Amendment standing to challenge seizure of prescription forms left with former employer, and any evidentiary error was harmless given her admissions.
• United States v. Ghulam Sabir Rana
  944 F.2d 123· 3d Cir.· 1991-09-04 ·via Harmless Error Standard (Fed.R.Crim.P. 52(A))
  The court held that the district court abused its discretion by allowing the jury to examine a notebook containing unadmitted exhibits, but this error was harmless due to overwhelming evidence of guilt.
• United States v. Soberon
  929 F.2d 935· 3d Cir.· 1991-04-03
  The court held that even if Agent McCann's grand jury testimony was not perjurious, his false and misleading statements about the defendant's conversation were reckless misconduct that substantially influenced the grand jury's decision to indict, warranting dismissal.
• Brown v. State
  575 So. 2d 1363· Fla. 3d DCA· 1991-03-12
  The court held that the prosecutor's statement during closing argument did not violate the 'Golden Rule' and affirmed the convictions.
• Dwaine Buffkin v. State
  576 So. 2d 757· Fla. 1st DCA· 1991-02-22
  Dwaine Buffkin appealed his convictions for trafficking in stolen property and grand theft, raising four issues including improper exclusion of testimony, denial of counsel rights, prosecutorial misconduct, and an improper jury instruction. The Florida District Court of Appeal af
• Curry v. Sullivan
  925 F.2d 1127· 9th Cir.· 1991-02-04 ·via Harmless Error Rule
  The court held that the Secretary's determination that the claimant was not disabled was supported by substantial evidence and that any minor factual errors were harmless.
• Texas-Capital Contractors, Inc. v. Abdnor
  933 F.2d 261· 5th Cir.· 1990-10-26
  The court held that the Office of Hearings and Appeals' (OHA) finding of affiliation between TCCI and the McCarty Group, based on the identity of interest rule and evidence of close business relationships, was not arbitrary or capricious, and any procedural errors in admitting a
• United States v. Nestor Galindo
  913 F.2d 777· 9th Cir.· 1990-09-11 ·via Harmless Error Rule
  The court held that while mentioning plea discussions to the jury was constitutional error, the government proved no reasonable possibility that the statement affected the verdict due to a strong curative instruction and the jury's careful deliberation and partial verdicts.
• United States v. Dennis
  902 F.2d 591· 7th Cir.· 1990-05-16 ·via Fed.R.Crim.P. 52(A) (Harmless Error)
  A premature notice of appeal filed before the imposition of costs is ineffective to challenge those later costs.
• ANR Pipeline Co. v. Fed. Energy Regulatory Comm'n
  894 F.2d 1396· D.C. Cir.· 1990-02-06
  The court held that the Commission's determination that a higher gas rate applied was not reasoned decisionmaking, requiring remand.
• Abbott v. Parke
  893 F.2d 868· 6th Cir.· 1990-01-16 ·via Harmless Error Standard
  The admission of Abbott's statements, obtained after he invoked his Sixth Amendment right to counsel, was not harmless error and violated his constitutional rights.
• Cook v. State
  553 So. 2d 1359· Fla. 2d DCA· 1989-12-20
  Elsie Cook was convicted of first-degree felony murder in the death of her young daughter. The appellate court reversed and remanded for a new trial based on two errors: admission of hearsay testimony implicating the codefendant in violation of Bruton principles, and the trial co
• United States v. King
  879 F.2d 137· 4th Cir.· 1989-07-20
  The court held that while the trial court erred in excluding surrebuttal evidence and admitting evidence of un-reported income under Rule 404(b), these errors were harmless because the defendant's duress defense was legally insufficient.
• Barreiro v. State
  545 So. 2d 492· Fla. 3d DCA· 1989-06-27
• United States v. Slovacek
  867 F.2d 842· 5th Cir.· 1989-03-01 ·via Harmless Error Standard
  The court held that the evidence of FDIC insurance was sufficient, the jury instructions, though imperfect, did not constitute plain error or constructively amend the indictment, and the imposed fine was statutorily authorized.
• Houston v. A.L. Lockhart
  866 F.2d 264· 8th Cir.· 1989-01-27
  The court held that the district court did not err in finding the in-custody statement voluntary and admissible for impeachment purposes, and any error was harmless.
• United States v. Lustig
  865 F.2d 41· 2d Cir.· 1989-01-06 ·via Harmless Error Rule
  The court held that a postal employee's negotiation and sale of marijuana, even if consummated off-premises, constituted a 'postal offense' within the statutory authority of postal inspectors to investigate.
• Matire v. State
  534 So. 2d 1168· Fla. 4th DCA· 1988-08-31 ·via Chapman V. California Harmless Error Standard
  Prosecutor's comments on defendant's post-arrest silence constitute harmful error requiring a new trial when the permissible evidence is not conclusive and there is a reasonable possibility the improper comments influenced the verdict.
• Cannon v. State
  529 So. 2d 814· Fla. 1st DCA· 1988-08-11
• Alvarez v. State
  527 So. 2d 913· Fla. 3d DCA· 1988-06-28 ·via Harmless Error Standard
• Hester v. State
  525 So. 2d 487· Fla. 1st DCA· 1988-05-20 ·via Harmless Error Analysis In Sentencing
  On remand from the Florida Supreme Court, the First District Court of Appeal reconsidered whether Hester's sentences could be upheld despite the invalidity of some departure reasons under the standard established in Griffis v. State. The court affirmed the original sentences, fin
• Ferrante v. State
  524 So. 2d 742· Fla. 4th DCA· 1988-05-18 ·via Harmless Error Rule
  William Ferrante was convicted of RICO conspiracy and theft of state funds in a fuel tax fraud scheme, but the appellate court reversed and remanded because the trial court failed to determine whether jurors' exposure to prejudicial newspaper articles affected the verdict. The co
• Hulzberg v. State
  523 So. 2d 699· Fla. 4th DCA· 1988-04-06
  Michael Hulzberg appealed his convictions for battery on a law enforcement officer, resisting arrest, fleeing police, driving with a revoked license, and improper vehicle tags, contending the trial court erred in admitting hearsay testimony that the vehicle tag had been reported
• Harrison Porterfield v. State
  522 So. 2d 483· Fla. 1st DCA· 1988-03-17 ·via Harmless Error Rule
  Harrison Porterfield appeals his conviction for possession and sale of cocaine, challenging prosecutorial comments about his failure to testify at trial. The court reverses and remands for a new trial, finding that the prosecutor's repeated references to Porterfield's silence con
• Grasselli v. State
  517 So. 2d 764· Fla. 2d DCA· 1987-12-30 ·via Harmless Error Analysis In Sentencing
  The court held that a sentencing scoresheet error, which prevented the trial court from having sufficient information to determine a proper sentence or departure, requires resentencing.