Harmless Error Doctrine

1,383 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

• United States v. Aldo Mazzone
  782 F.2d 757· 7th Cir.· 1986-01-30 ·cited 56×
  The court held that the warrantless searches of vehicles and containers within them were permissible under the Fourth Amendment's exceptions for vehicles and probable cause, and that the prosecutor's improper remarks, while improper, were harmless error given the overwhelming evi
• Walberg v. Israel
  766 F.2d 1071· 7th Cir.· 1985-07-01 ·cited 56×
  The dissenting judge believes the petitioner failed to prove denial of effective assistance of counsel, and that state court findings of fact should be presumed correct.
• Collins v. Francis
  728 F.2d 1322· 11th Cir.· 1984-03-15 ·cited 56×
  The court held that the trial judge's jury instruction on intent, while erroneous, was harmless beyond a reasonable doubt because the defendant's intent to kill was not a contested issue. The court also found that the statutory aggravating circumstance was properly applied and th
• Linton v. Perini
  656 F.2d 207· 6th Cir.· 1981-07-24 ·cited 56×
  The Sixth Amendment right to counsel of one's choice is violated when a trial court arbitrarily denies a reasonable request for a continuance, forcing the defendant to proceed with appointed counsel without adequate time for retained counsel to prepare.
• United States v. Valdez
  594 F.2d 725· 9th Cir.· 1979-01-31 ·cited 56×
  The court held that the false employment letters were material statements under 18 U.S.C. § 1001, and while the materiality issue should have been submitted to the jury, the error was harmless.
• United States v. Edwards
  576 F.2d 1152· 5th Cir.· 1978-07-21 ·cited 56×
  The court held that a prosecutor's comments on a defendant's silence at arrest and failure to testify, when the evidence is weak, are not harmless error and require reversal.
• United States v. Wilson
  578 F.2d 67· 5th Cir.· 1978-06-15 ·cited 56×
  The court held that the district court did not err in admitting a partially unintelligible tape recording and its transcript, nor in admitting testimony about an extraneous drug transaction, as any error was harmless given the overwhelming evidence of guilt.
• United States v. Goldstein
  502 F.2d 526· 3d Cir.· 1974-08-06 ·cited 56×·via Harmless Error Rule
• United States v. Pacelli
  491 F.2d 1108· 2d Cir.· 1974-01-11 ·cited 56×
  The dissenting judge would affirm the conviction, finding that alleged evidentiary errors were either harmless or did not constitute reversible error.
• United States v. Adams
  446 F.2d 681· 9th Cir.· 1971-07-07 ·cited 56×·via Harmless Error Rule (Chapman V. California)
  The admission of hearsay testimony implicating the defendant, even though falling under a recognized hearsay exception, did not violate the Confrontation Clause because the declarant's statement was not crucial or devastating, and any error was harmless beyond a reasonable doubt.
• Tarvestad v. United States
  418 F.2d 1043· 8th Cir.· 1969-12-10 ·cited 56×·via Harmless Error Rule
  The court affirmed the convictions, finding no prejudicial error in the jury instructions, evidentiary rulings, or Fifth Amendment and Jencks Act issues, and that the evidence supported the jury's findings on the defendants' competency and guilt.
• United States v. Allison
  414 F.2d 407· 9th Cir.· 1969-06-17 ·cited 56×·via Harmless Error Rule
  The court held that while the trial court erred in revoking bail and in failing to hold a proper suppression hearing, these errors did not warrant reversal because they did not prejudice the defendant.
• United States v. Alker
  260 F.2d 135· 3d Cir.· 1958-09-10 ·cited 56×
  The court held that the evidence presented was sufficient to support the jury's verdict of willful tax evasion, and that the trial court did not abuse its discretion in admitting certain evidence or in its cross-examination of a character witness.
• Davis v. State
  207 So. 3d 142· Fla.· 2016-11-10 ·cited 55×·via Harmless Error Review
  Leon Davis, Jr. was convicted of two counts of first-degree murder, attempted murder, armed robbery, and arson arising from a planned robbery at an insurance agency where he set two employees on fire during the commission of the crime. The Florida Supreme Court affirmed his convi
• Louie Anthony Sellers v. State
  578 So. 2d 339· Fla. 1st DCA· 1991-04-03 ·cited 55×
  The court held that multiplying points for legal constraint by the number of offenses was an error in calculating the sentencing guidelines scoresheet, and this error was not harmless.
• United States v. Lane
  738 F.2d 863· 7th Cir.· 1984-07-05 ·cited 55×·via Harmless Error Analysis In Sentencing
  A sentence must be set aside if the defendant shows that false information was part of the basis for the sentence and the sentencing court relied on that misinformation.
• United States v. Slade
  627 F.2d 293· D.C. Cir.· 1980-03-04 ·cited 55×·via Harmless Error Rule
  The court held that while errors occurred, they did not contribute to the conviction, except for appellant Watson.
• United States v. Noble C. Beasley
  576 F.2d 626· 5th Cir.· 1978-07-13 ·cited 55×
  The court held that the government's failure to produce a key witness's prior statements under the Jencks Act, even if in good faith, violated the statute and required a new trial for the heroin conspiracy charge, but was harmless error for the tax evasion conviction.
• United States v. Semensohn
  421 F.2d 1206· 2d Cir.· 1970-02-06 ·cited 55×·via Harmless Error Standard
  The court held that improper questioning of the defendant regarding a prior conviction and his silence with the FBI, even with curative instructions, created cumulative prejudice denying him a fair trial.
• Jackson v. State
  107 So. 3d 328· Fla.· 2012-11-15 ·cited 54×·via Harmless Error Review
  The Florida Supreme Court reversed Michael Jackson's conviction for first-degree murder and death sentence because the trial court abused its discretion in admitting a 37-minute videotaped custodial interrogation in which investigating officers repeatedly expressed their personal
• United States v. Urbanek
  930 F.2d 1512· 10th Cir.· 1991-04-23 ·cited 54×·via Harmless Error Analysis In Sentencing
  The court held that the defendant's false statements to IRS investigators, which did not impede the investigation and were recanted, did not constitute obstruction of justice under U.S.S.G. § 3C1.1.
• United States v. Davis
  882 F.2d 1334· 8th Cir.· 1989-08-22 ·cited 54×·via Harmless Error Rule
  The court held that the search of the vehicle was a lawful inventory search, joinder and severance were proper, jury instructions were appropriate, evidence was admissible, and the wiretap was lawful.
• United States v. Doherty
  867 F.2d 47· 1st Cir.· 1989-02-01 ·cited 54×
  The court held that although the jury instructions on mail fraud were erroneous under McNally v. United States, the errors were harmless beyond a reasonable doubt because the evidence established guilt for defrauding the government of money or property.
• Remo Benigni v. City OF Hemet
  879 F.2d 473· 9th Cir.· 1988-08-15 ·cited 54×
  The court held that the City failed to preserve most of its challenges to jury instructions and sufficiency of evidence due to procedural defaults, and that any errors in the qualified immunity instruction were harmless.
• United States v. Asher
  854 F.2d 1483· 3d Cir.· 1988-07-20 ·cited 54×
  The admission of evidence not satisfying Fed.R.Evid. 801(d)(1)(B) was harmless error in this case.
• Garnett William Cape v. Francis
  741 F.2d 1287· 11th Cir.· 1984-08-31 ·cited 54×
  The court held that a psychiatric examination constitutes a critical stage of proceedings, requiring the presence of counsel.
• United States v. Noti
  731 F.2d 610· 9th Cir.· 1984-04-17 ·cited 54×·via Harmless Error Rule
  The court held that the Miranda warnings given to the defendant were defective because they failed to inform him of his right to have counsel present during questioning, and the admission of his post-arrest statements was not harmless error.
• United States v. Singer
  710 F.2d 431· 8th Cir.· 1983-06-20 ·cited 54×·via Harmless Error Rule
  The court held that the trial judge's intervention, while active, was not so egregious as to justify reversal of convictions.
• United States v. Burns
  684 F.2d 1066· 2d Cir.· 1982-07-21 ·cited 54×
  The court held that the district court properly denied motions to suppress evidence seized during the arrest and post-arrest statements, and that the defendant's post-arrest statements to an Assistant U.S. Attorney, though obtained in violation of Edwards v. Arizona, constituted
• United States v. Sindona
  636 F.2d 792· 2d Cir.· 1980-12-18 ·cited 54×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that there was no impermissible variance between the indictment and the proof, and that the trial court's evidentiary rulings did not constitute reversible error. Therefore, the conviction is affirmed.
• In re the Application of Gary James Collins for a Writ of Habeas Corpus. Gary James Collins v. Auger
  577 F.2d 1107· 8th Cir.· 1978-05-08 ·cited 54×·via Harmless Error Standard
  The court held that the admission of the petitioner's confession, obtained during a court-ordered psychiatric evaluation for competency, violated his due process rights and warranted habeas corpus relief.
• Watson v. Jago
  558 F.2d 330· 6th Cir.· 1977-06-14 ·cited 54×·via Harmless Error Rule
  The court held that forcing a defendant to defend against a felony-murder charge, not included in the indictment, constitutes a constructive amendment that violates due process under the Fourteenth Amendment, even in a state court trial.
• Null v. Louie L. Wainwright
  508 F.2d 340· 5th Cir.· 1975-02-19 ·cited 54×
  The court held that while a Miranda violation occurred, the admission of the appellant's statement and its fruits was harmless error due to overwhelming evidence of guilt.
• Estes v. State
  294 So. 2d 122· Fla. 1st DCA· 1974-04-30 ·cited 54×
  A trial court's failure to ascertain the factual basis for a guilty plea is not reversible error when the plea was the result of plea bargaining and the defendant does not contend that there was no factual basis for the plea.
• United States v. Errol B. Resnick
  483 F.2d 354· 5th Cir.· 1973-06-04 ·cited 54×·via Chapman V. California Harmless Error Standard
  The court affirmed the conviction and sentence, finding that while the admission of one witness's testimony was erroneous, it was harmless error, and other challenges lacked merit.
• United States v. Mendoza
  473 F.2d 692· 5th Cir.· 1972-11-20 ·cited 54×
• United States ex rel. Michael O'Connor v. The State OF NEW Jersey & Howard Yeager
  405 F.2d 632· 3d Cir.· 1969-01-02 ·cited 54×
  The court held that the introduction of post-indictment incriminating statements made without counsel violated the Sixth Amendment, and this error was not harmless beyond a reasonable doubt.
• Malatkofski v. United States
  179 F.2d 905· 1st Cir.· 1950-01-25 ·cited 54×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the indictments were sufficient, the denial of severance motions was proper, and the trial court did not commit reversible error in its rulings on evidence or jury instructions.
• Cardona v. State
  185 So. 3d 514· Fla.· 2016-02-18 ·cited 53×·via Harmless Error Standard
  Ana Maria Cardona was convicted of first-degree murder and aggravated child abuse of her three-year-old son and sentenced to death. The Florida Supreme Court reversed and remanded for a new trial based on the prosecutor's pervasive and improper closing arguments, particularly rep
• United States v. DeCICCO
  899 F.2d 1531· 7th Cir.· 1990-04-20 ·cited 53×·via Harmless Error Rule
  The court held that a defendant's guilty plea will not be withdrawn if the defendant was adequately informed of the court's independence from the plea agreement, and that Sentencing Guideline § 3B1.1(c) requires organizing at least one criminally responsible individual.
• McQUEENEY v. Wilmington Tr. Co.
  779 F.2d 916· 3d Cir.· 1985-12-26 ·cited 53×·via Federal Rule Of Civil Procedure 61 (Harmless Error)
  The court held that evidence of subornation of perjury is relevant under Rule 401 and, absent substantial unfair prejudice, admissible under Rule 403, and that the standard for harmless error review in civil cases is the same as in criminal cases ('highly probable' the error did
• United States v. Bernardo Betancourt
  734 F.2d 750· 11th Cir.· 1984-06-18 ·cited 53×
  The court held that while the trial judge erred by communicating with the jury without notifying counsel, this error was harmless and did not warrant overturning the convictions.
• People OF THE State OF Ill. v. Interstate Commerce Comm'n & United States
  722 F.2d 1341· 7th Cir.· 1983-12-05 ·cited 53×
  The court held that while the Commission's procedural errors in dismissing evidence and denying a motion to strike were not adequately explained, they were harmless because they could not have affected the outcome.
• Chandler v. State
  442 So. 2d 171· Fla.· 1983-07-28 ·cited 53×
  Eric Jim Chandler was convicted of two counts of first-degree murder and other crimes in connection with the robbery and brutal killing of an elderly couple. The Florida Supreme Court affirmed the convictions but vacated the death sentences and remanded for resentencing because t
• Peoples Bank OF Indian River Cnty. (proposed new bank) v. State
  395 So. 2d 521· Fla.· 1981-02-26 ·cited 53×·via Harmless Error Rule
  Peoples Bank challenged the Department of Banking and Finance's denial of its banking license application, attacking the constitutionality of statutory provisions and claiming the agency improperly considered extraneous data without affording an opportunity for rebuttal. The Flor
• Flanigan v. Burlington N. Inc.
  632 F.2d 880· 8th Cir.· 1980-09-04 ·cited 53×·via Harmless Error Rule
  The court held that while the failure to instruct the jury that a FELA award is not subject to income tax was an error under *Liepelt*, it was harmless error in this case because the verdict was supported by the evidence and did not show signs of being inflated by a misunderstand
• Rice v. United States
  356 F.2d 709· 8th Cir.· 1966-02-28 ·cited 53×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that a proceeding before the National Labor Relations Board is pending from the moment a charge is filed, and that ex parte communication between the judge and jury during deliberations, without evidence of lack of prejudice, warrants reversal.
• United States v. Mateos-Sanchez
  864 F.2d 232· 1st Cir.· 1988-12-29 ·cited 52×
  The court held that the admission of testimony regarding marijuana possession was not an abuse of discretion, and while admitting the marijuana itself was error, it was harmless. The evidence was sufficient for conviction, the search was proper, denial of travel expenses was not
• Asbill v. Hous. Auth. OF the Choctaw Nation OF Okla.
  726 F.2d 1499· 10th Cir.· 1984-02-02 ·cited 52×
  The court held that the trial court erred in submitting the due process claims to the jury, as the plaintiff failed to establish a property interest in continued employment or a liberty interest in her reputation, and the erroneous submission was not harmless error given the gene
• King v. State
  436 So. 2d 50· Fla.· 1983-07-21 ·cited 52×
  Richard King was convicted of first-degree murder and sentenced to death for killing Peggy Burnside by striking her with a blunt object and shooting her in the head. The Florida Supreme Court affirmed the conviction and death sentence, though it found one of the three aggravating