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

• Donovan v. State
  417 So. 2d 674· Fla.· 1982-07-15 ·cited 52×
  Timothy Donovan was convicted of first-degree murder and challenged admission of incriminating statements he gave to police, arguing that deputy testimony about his behavior when read Miranda warnings constituted an impermissible comment on his right to remain silent. The Florida
• Bisaccia v. The Attorney Gen. of the State of N.J.
  623 F.2d 307· 3d Cir.· 1980-06-12 ·cited 52×·via Chapman V. California Harmless Error Standard
  The court held that using a co-conspirator's guilty plea as evidence of a defendant's guilt violates the Sixth Amendment right to confrontation.
• United States v. Weiss
  491 F.2d 460· 2d Cir.· 1974-01-15 ·cited 52×
  The court affirmed convictions for most defendants, finding no prejudicial error in evidentiary rulings or the trial judge's conduct, but remanded for a hearing on jurisdiction over the corporate defendants.
• United States v. Crawford
  438 F.2d 441· 8th Cir.· 1971-02-17 ·cited 52×·via Harmless Error Rule
  The court held that the trial court erred in permitting the prosecution to cross-examine the defendant about his association with individuals convicted of drug offenses, as this was unduly prejudicial and exceeded the scope of direct examination. The court also found that admitti
• United States v. Phillips
  375 F.2d 75· 7th Cir.· 1967-03-07 ·cited 52×
  The admission of testimony detailing a separate transaction between the defendant and Tommie Phillips, over repeated objection, prejudiced the defendant and denied him a fair trial.
• Brown v. State
  755 So. 2d 616· Fla.· 2000-03-09 ·cited 51×·via Harmless Error Review
  Paul Brown, a death row inmate, appeals the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The Florida Supreme Court affirmed the trial court's denial, rejecting his ineffective assistance of counsel claims and finding procedural ba
• United States v. Alvarado
  817 F.2d 580· 9th Cir.· 1987-05-18 ·cited 51×
  The court held that giving a "Jewell" instruction on deliberate avoidance was error because the evidence pointed to actual knowledge, but this error was harmless. The court also held that the prosecutor's misstatement about a co-defendant's indictment was improper but harmless du
• United States v. Chilcote
  724 F.2d 1498· 11th Cir.· 1984-02-13 ·cited 51×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court affirmed all of appellant's convictions, finding no reversible error in the admission of evidence or the sufficiency of the indictment.
• Eberhardt v. Bordenkircher
  605 F.2d 275· 6th Cir.· 1979-09-10 ·cited 51×·via Harmless Error Standard
  A prosecutor's comment on a defendant's failure to testify, even if brief, is not harmless error if the evidence is not overwhelming and the trial contained other substantial errors.
• Diamante Urga v. State
  155 So. 2d 719· Fla. 2d DCA· 1963-05-10 ·cited 51×
  Diamante Urga was convicted of performing acts with intent to procure a miscarriage. On appeal, she challenged three trial court rulings: admission of hearsay testimony from an examining doctor, admission of pathologist testimony regarding analysis of tissue specimens, and limita
• Mills v. State
  177 So. 3d 984· Fla. 1st DCA· 2015-09-17 ·cited 50×
  Henry Mills appealed his convictions for attempted second-degree murder and related firearm offenses, challenging various costs, fees, and fines imposed at sentencing. The court affirmed the convictions and sentences, upheld the mandatory $150 public defender's lien as not requir
• Salter v. State
  500 So. 2d 184· Fla. 1st DCA· 1986-09-11 ·cited 50×
  Appellant was convicted of lewd and lascivious assault on a five-year-old girl. Although the trial court erroneously admitted hearsay testimony from a Child Protection Team counselor without complying with statutory procedural safeguards, the Florida appellate court affirmed the
• United States v. Crocker
  788 F.2d 802· 1st Cir.· 1986-04-09 ·cited 50×
  The court held that while most evidentiary rulings were proper, the sentencing judge's comments created a reasonable likelihood of vindictiveness, requiring a resentencing.
• McINTYRE v. Nance Ruth McINTYRE
  452 So. 2d 14· Fla. 1st DCA· 1984-04-18 ·cited 50×·via Harmless Error Rule
  A Florida appellate court affirmed a trial court's modification of a child custody arrangement, allowing the custodial mother to relocate with both children to Japan for a two-year military assignment while interpreting the state's newly amended custody statutes. The court held t
• Chipman v. Mercer
  628 F.2d 528· 9th Cir.· 1980-09-04 ·cited 50×·via Harmless Error Rule
  The denial of cross-examination to explore a witness's potential bias against a group to which the defendant belonged violated the Sixth Amendment's Confrontation Clause.
• United States v. Arcentales
  532 F.2d 1046· 5th Cir.· 1976-06-07 ·cited 50×
  The court held that the government's failure to disclose the appellant's inculpatory oral statement prior to trial was harmless error and did not warrant a mistrial.
• United States v. Deloy C. Ross
  511 F.2d 757· 5th Cir.· 1975-04-21 ·cited 50×
  The court held that the trial court did not err in denying the defendant's discovery requests, failing to disclose Brady material, or in the manner the government acquired documents, affirming the conviction.
• United States v. Lipowitz
  407 F.2d 597· 3d Cir.· 1969-02-20 ·cited 50×
  The court held that the admission of bait bills seized from an automobile, the identification procedures used, and the denial of a severance motion were not errors that violated the defendant's constitutional rights.
• Pasterchik v. United States
  400 F.2d 696· 9th Cir.· 1968-09-20 ·cited 50×
  The court held that the search of the automobile was improper but the introduction of evidence was harmless error, and that identity of name was sufficient proof of a prior conviction for firearm transport charges.
• United States v. Guerra
  334 F.2d 138· 2d Cir.· 1964-06-05 ·cited 50×·via Harmless Error Rule
  The court held that the use of a single, non-incriminating question and answer obtained in violation of the Sixth Amendment right to counsel, when introduced in an abortive attempt to impeach on a minor issue, did not require reversal of the conviction.
• Tugwell v. A. F. Klaveness & Co.
  320 F.2d 866· 5th Cir.· 1963-07-03 ·cited 50×·via Federal Rule Of Civil Procedure 61 (Harmless Error)
  The court held that the exclusion of a prior injury report and the judge's comments regarding the plaintiff's withholding of evidence did not constitute harmful error, as the jury had already determined the accident did not occur.
• United States v. Endicott
  803 F.2d 506· 9th Cir.· 1986-10-27 ·cited 49×·via Harmless Error Standard
  The court held that inflammatory references to political assassination and murder by a prosecutor in closing arguments, when evidence is not overwhelming and corrective action is mild, constitute prosecutorial misconduct that can deny a fair trial.
• Thompson v. Estelle
  642 F.2d 996· 5th Cir.· 1981-04-17 ·cited 49×
  The admission of two prior uncounselled convictions was not improper, and the admission of the remaining two was harmless error.
• United States v. Brown
  571 F.2d 980· 6th Cir.· 1978-02-07 ·cited 49×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the district court did not commit reversible error by dismissing two jurors, as proper procedures were followed and no abuse of discretion occurred. The court also found sufficient evidence to support the convictions.
• United States v. Dixon
  562 F.2d 1138· 9th Cir.· 1977-07-13 ·cited 49×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the hearsay statement was improperly admitted under the coconspirator exception as to Dixon.
• United States v. Thornbrugh
  962 F.2d 1438· 10th Cir.· 1992-04-13 ·cited 48×·via Harmless Error Standard
  The court held that while the convictions were supported by sufficient evidence and no individual error warranted reversal, the sentence was improperly enhanced under 18 U.S.C. § 924(c)(1).
• Marino v. Vasquez
  812 F.2d 499· 9th Cir.· 1987-03-09 ·cited 48×·via Harmless Error Rule
  The court held that jury misconduct involving an unauthorized dictionary definition of malice and an out-of-court experiment created a reasonable possibility of prejudice, warranting habeas relief for murder and attempted murder convictions, but not for felony false imprisonment.
• Simmons, Inc. v. Pinkerton's, Inc.
  762 F.2d 591· 7th Cir.· 1985-05-28 ·cited 48×·via Harmless Error Rule
  The dissenting judge argues that the erroneous jury instruction and admission of irrelevant evidence were not harmless errors and warrant a new trial.
• Gen. Dynamics Corp. v. Occupational Safety & Health Review Comm'n
  599 F.2d 453· 1st Cir.· 1979-05-23 ·cited 48×
  The court held that the Review Commission did not err in affirming the citation, as the employer's defense of idiosyncratic employee behavior automatically raises the issue of adequate training and supervision, and the employer was not ultimately prejudiced by any misleading stat
• United States v. Siegel
  587 F.2d 721· 5th Cir.· 1979-01-11 ·cited 48×·via Harmless Error Rule
  The court held that the appellant received a fair trial, and the evidence was sufficient to sustain the conviction for violating 18 U.S.C. § 2314.
• United States v. Collins
  462 F.2d 792· 2d Cir.· 1972-03-07 ·cited 48×
• United States v. Handman
  447 F.2d 853· 7th Cir.· 1971-07-21 ·cited 48×
  The court held that the prosecutor's comments on the uncontradicted nature of a key witness's testimony, implying the defendant's failure to testify, constituted prejudicial error, especially when combined with arguments vouching for the witness's truthfulness.
• Kauffman v. Secretary OF THE AIR Force
  415 F.2d 991· D.C. Cir.· 1969-06-26 ·cited 48×
  Civilian courts have jurisdiction to review court-martial convictions even if the serviceman is not in custody, and the standard of review for constitutional errors should be the same as for state and federal convictions.
• Schaffer v. Universal Rundle Corp.
  397 F.2d 893· 5th Cir.· 1968-06-27 ·cited 48×·via Harmless Error Rule
  The court held that a sole stockholder cannot sue in his own name for damages to the corporation, and that the jury's verdict likely included damages for the individual, requiring a new trial for the corporation. The court affirmed the dismissal of antitrust claims.
• Goldsmith v. United States
  277 F.2d 335· D.C. Cir.· 1960-03-17 ·cited 48×
  The court held that confessions obtained in violation of Rule 5(a) of the Federal Rules of Criminal Procedure, specifically the prompt arraignment requirement, are inadmissible.
• Seabrooks v. United States
  32 F.4th 1375· 11th Cir.· 2022-05-06 ·cited 47×·via Harmless Error Standard
  The Eleventh Circuit held that the Supreme Court's decision in Rehaif v. United States applies retroactively to initial § 2255 motions, and the district court's error in giving an aiding and abetting instruction without proof of knowledge of the co-defendant's felon status was no
• Olga Romani, M.D. v. State
  542 So. 2d 984· Fla.· 1989-04-27 ·cited 47×·via Burden Of Proof For Harmless Error
  The court held that Florida law requires independent evidence to establish a conspiracy before admitting coconspirator hearsay statements, rejecting the federal approach that allows hearsay for preliminary determinations. However, the court found the error harmless as to the cons
• Matire v. Louie Wainwright
  811 F.2d 1430· 11th Cir.· 1987-03-09 ·cited 47×·via Harmless Error Rule
  The court held that appellate counsel's failure to raise the Fifth Amendment issue regarding improper comments on the defendant's post-arrest silence constituted ineffective assistance of counsel.
• Johnson v. Trueblood
  629 F.2d 287· 3d Cir.· 1980-07-31 ·cited 47×·via Federal Rule Of Civil Procedure 61 (Harmless Error)
  The court held that the district court erred in denying the plaintiffs' motion to amend their pleadings to include claims arising from the foreclosure of the shopping center, and that the jury instruction regarding the business judgment rule was also erroneous under Delaware law.
• Major Leo D. Doyle v. The United States
  599 F.2d 984· Ct. Cl.· 1979-05-16 ·cited 47×
  The absence of Reservists on selection boards was harmless error because reconstituted boards, considering the same officers and standards, also did not select the plaintiffs.
• United States v. COX
  464 F.2d 937· 6th Cir.· 1972-07-18 ·cited 47×
  A guilty plea, even if intelligent and voluntary, generally waives non-jurisdictional defects, and a procedure allowing appeal on such grounds after a guilty plea is inconsistent with legal principles and will not be countenanced.
• Bustamante v. Eyman
  456 F.2d 269· 9th Cir.· 1972-02-07 ·cited 47×·via Harmless Error Rule (Chapman V. California)
  The dissenting judge would hold that the replay of electronically recorded instructions in the defendant's absence was not an error of constitutional dimension and, even if it were, it was harmless error beyond a reasonable doubt.
• Reed v. State
  783 So. 2d 1192· Fla. 1st DCA· 2001-05-01 ·cited 46×
  Loretta Reed appeals her conviction for aggravated child abuse, challenging the trial court's refusal to allow the jury to view the victim's current injuries and arguing the jury instruction on 'malice' was erroneous. The First District Court of Appeal affirmed the conviction, ho
• United States v. Arvanitis
  902 F.2d 489· 7th Cir.· 1990-05-03 ·cited 46×·via Harmless Error Standard
  The court held that a mere inaccurate prediction of sentencing by counsel does not constitute ineffective assistance, but remanded restitution orders where legal fees were improperly included or where causation of loss was not established.
• United States ex rel. Raymond Burke v. Greer
  756 F.2d 1295· 7th Cir.· 1985-03-13 ·cited 46×·via Harmless Error Rule
  The court held that the prosecutor's repeated indirect references to the defendants' failure to testify were constitutionally impermissible and not harmless error, requiring a new trial.
• United States v. Udey
  748 F.2d 1231· 8th Cir.· 1984-11-07 ·cited 46×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that there was insufficient evidence to convict Edwin Udey of harboring or conspiring to harbor a fugitive, as the prosecution failed to prove beyond a reasonable doubt that Udey knew of the federal warrant or affirmatively cooperated in the conspiracy.
• Sullivan v. State OF Ala.
  666 F.2d 478· 11th Cir.· 1982-01-22 ·cited 46×·via Harmless Error Standard
  The court held that the admission of pre-Miranda statements was constitutional as they were voluntary, and post-Miranda statements were admissible due to a valid waiver, and prosecutorial comment on silence was harmless error.
• United States v. Wilkins
  659 F.2d 769· 7th Cir.· 1981-09-11 ·cited 46×
  The court affirmed the convictions of all three defendants, finding no reversible error in the suppression rulings, evidentiary decisions, prosecutorial comments, or sufficiency of evidence.
• United States v. McCLAIN
  531 F.2d 431· 9th Cir.· 1976-02-13 ·cited 46×·via Harmless Error Rule
  The court held that the warrantless search of the defendant's car was permissible under the automobile exception to the Fourth Amendment, and that while the admission of hearsay evidence to show predisposition was error, it was harmless.
• Haynes v. The United States
  418 F.2d 1380· Ct. Cl.· 1969-12-12 ·cited 46×·via Harmless Error Rule
  The court held that the plaintiff failed to exhaust administrative remedies for most procedural claims and that other alleged procedural errors were harmless. The court also found the administrative decision regarding the charges of inefficiency and failure to meet deadlines was