Harmless Error Review

179 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Linroy Bottoson v. Moore
  833 So. 2d 693· Fla.· 2002-10-24 ·cited 352×
  Linroy Bottoson, a death row inmate with an active execution warrant, sought habeas corpus relief under the U.S. Supreme Court's Ring v. Arizona decision, which invalidated certain aspects of Arizona's capital sentencing statute. The Florida Supreme Court denied relief, finding t
• Reed v. State
  837 So. 2d 366· Fla.· 2002-12-19 ·cited 344×
  The Florida Supreme Court held that giving a jury instruction that defines 'maliciously' in aggravated child abuse cases using the incorrect legal standard (technical malice rather than actual malice) constitutes fundamental error when the malice element is disputed at trial, reg
• United States v. Dayton
  604 F.2d 931· 5th Cir.· 1979-10-18 ·cited 213×
  Failure to strictly comply with Rule 11 does not automatically require vacating a guilty plea, and a harmless error standard should be applied to deviations from the rule.
• Haygood v. State
  109 So. 3d 735· Fla.· 2013-02-14 ·cited 150×
  Jeremy Haygood was convicted of second-degree murder for fatally beating his girlfriend. The Florida Supreme Court held that giving an erroneous jury instruction on manslaughter by act—requiring proof of intent to kill—constituted fundamental error, even though the jury was also
• Harrel Franklin Braddy v. State
  111 So. 3d 810· Fla.· 2012-11-15 ·cited 127×
  Harrel Franklin Braddy was convicted of first-degree murder, attempted murder, kidnapping, burglary, child neglect, and attempted escape in the 1998 death of five-year-old Quatisha Maycock. The Florida Supreme Court affirmed his death sentence and all convictions after reviewing
• Burley Clifton Harryman v. Estelle
  616 F.2d 870· 5th Cir.· 1980-05-09 ·cited 122×
  The court held that the majority applied the wrong standard of harmless error review, failing to consider whether the unconstitutionally admitted evidence contributed to the conviction.
• United States v. Ignasio Maldenaldo Sanchez
  269 F.3d 1250· 11th Cir.· 2001-10-17 ·cited 114×
  The court affirmed the convictions and sentences of the Sanchezes. The concurring judges argued that no Apprendi error occurred because the sentences did not exceed the statutory maximum under 21 U.S.C. § 841(b)(1)(C). They also contended that the "Rogers error" did not apply bec
• Escobar v. State
  699 So. 2d 988· Fla.· 1997-07-10 ·cited 113×
  Douglas Escobar was convicted of first-degree murder and sentenced to death for the killing of police officer Victor Estefan. The Florida Supreme Court reversed his convictions and death sentence, finding reversible error in the trial court's granting of the State's motion to rej
• Amos Augustus Williams v. State
  123 So. 3d 23· Fla.· 2013-02-14 ·cited 112×
  The Florida Supreme Court held that giving the standard jury instruction on attempted manslaughter by act constitutes fundamental error when a defendant is convicted of a crime no more than one step removed from attempted manslaughter, because the instruction erroneously requires
• State v. Harbaugh
  754 So. 2d 691· Fla.· 2000-03-09 ·cited 106×
  The Florida Supreme Court holds that in bifurcated felony DUI trials, the jury—not the trial judge—must determine whether the defendant has three or more prior misdemeanor DUI convictions, an essential element of the crime. This decision amends the prior Rodriguez procedure in li
• Franqui v. State
  Fla.· 1997-06-26 ·cited 81×
  Leonardo Franqui was convicted of first-degree murder and other crimes in connection with an attempted armed robbery that resulted in the death of Raul Lopez. The Florida Supreme Court affirmed his convictions and death sentence, finding that while the trial court erred in admitt
• McCRAY v. State
  919 So. 2d 647· Fla. 1st DCA· 2006-01-26 ·cited 77×
  The trial court committed reversible error by excluding evidence proffered to refresh a witness's recollection and for impeachment purposes.
• Ault v. State
  53 So. 3d 175· Fla.· 2010-09-30 ·cited 72×
  Howard Steven Ault was sentenced to death for the murders of two young sisters after his prior death sentences were vacated for improper jury selection. On this second direct appeal, the Florida Supreme Court affirmed the death sentences while finding that the trial court committ
• Truehill v. State
  211 So. 3d 930· Fla.· 2017-02-23 ·cited 67×
  Quentin Truehill was convicted of the kidnapping and murder of Vincent Binder during a multi-state crime spree and sentenced to death. The Florida Supreme Court affirmed his convictions and death sentence, addressing various appellate claims including jury selection, evidence adm
• Frank v. Blackburn
  646 F.2d 873· 5th Cir.· 1980-11-17 ·cited 65×
  A defendant cannot be punished for exercising their right to trial, but a longer sentence than offered in a rejected plea bargain does not automatically constitute such punishment.
• United States v. Hernandez
  921 F.2d 1569· 11th Cir.· 1991-01-30 ·cited 60×
  The court affirmed convictions, holding that prosecutorial comments did not constitute plain error, the evidence was sufficient for perjury and conspiracy convictions, the assault conviction was valid, and the denial of severance motions was not an abuse of discretion.
• United States v. Loya
  807 F.2d 1483· 9th Cir.· 1987-01-13 ·cited 57×
  The court held that the trial court did not err in refusing to instruct the jury on lesser included offenses, that sufficient evidence supported the convictions, and that the procedures for jury instructions, while unusual, did not result in prejudicial error.
• Davis v. State
  207 So. 3d 142· Fla.· 2016-11-10 ·cited 55×
  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
• Jackson v. State
  107 So. 3d 328· Fla.· 2012-11-15 ·cited 54×
  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
• Brown v. State
  755 So. 2d 616· Fla.· 2000-03-09 ·cited 51×
  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. Andrews Bruce Campbell
  874 F.2d 838· 1st Cir.· 1989-05-10 ·cited 42×
  The court affirmed the defendant's convictions, finding no plain error in the reasonable doubt instruction and that the entrapment and Sixth Amendment instructions were adequate.
• State v. Moroni Lopez
  974 So. 2d 340· Fla.· 2008-01-10 ·cited 38×
  The Florida Supreme Court held that a victim's testimonial statement identifying the defendant as possessing a firearm violated the defendant's Sixth Amendment confrontation rights under Crawford v. Washington, and that a discovery deposition conducted by defense counsel does not
• Kennedy v. Dugger
  933 F.2d 905· 11th Cir.· 1991-05-31 ·cited 38×
  The court affirmed the denial of the habeas corpus petition, finding no merit in claims of ineffective assistance of counsel, improper prosecutorial arguments, or burden of proof shifting.
• United States v. Tarresse Leonard
  4 F.4th 1134· 11th Cir.· 2021-07-08 ·cited 37×
  An indictment that omits the knowledge-of-felon-status element required by 18 U.S.C. § 922(g) does not deprive the court of jurisdiction and any such omission is subject to harmless-error review.
• Rodrick D. Williams v. State
  242 So. 3d 280· Fla.· 2018-02-22 ·cited 36×
  The Florida Supreme Court held that Alleyne v. United States requires a jury, not a trial court, to make the factual finding under Fla. Stat. § 775.082(1)(b) as to whether a juvenile offender actually killed, intended to kill, or attempted to kill the victim, because such finding
• Tundidor v. State
  221 So. 3d 587· Fla.· 2017-04-27 ·cited 33×
  Randy Tundidor was convicted of first-degree murder, attempted murder, armed kidnapping, burglary, robbery, and arson for orchestrating a home invasion and murder of his landlord Joseph Morrissey in April 2010. The Florida Supreme Court affirmed his death sentence and first-degre
• United States v. ROY
  855 F.3d 1133· 11th Cir.· 2017-04-26 ·cited 32×
  The concurring opinion agrees with the majority that the error in Roy's case was harmless, but disagrees with the majority's framework for evaluating claims involving counsel's absence during the taking of directly inculpatory evidence. The concurring judge argues that the absenc
• Lancaster v. Lanson Newsome
  880 F.2d 362· 11th Cir.· 1989-08-10 ·cited 32×
  The court held that the unconstitutional jury instruction regarding intent was harmless error because the evidence overwhelmingly established the defendant's intent to kill, and that Brady claims were procedurally defaulted.
• United States v. McDANIEL
  773 F.2d 242· 8th Cir.· 1985-09-23 ·cited 32×
  The court held that statements by alleged coconspirators were properly admitted under the coconspirator hearsay exception and did not violate the Confrontation Clause, and that evidence of other crimes and seized items was also admissible.
• Jennings v. McDONOUGH
  490 F.3d 1230· 11th Cir.· 2007-07-03 ·cited 31×
  Bryan Jennings was convicted of the 1979 murder of six-year-old Rebecca Kunash and sentenced to death. On federal habeas review under 28 U.S.C. § 2254, Jennings challenged his death sentence on four grounds: (1) Brady violations based on withheld evidence regarding his intoxicati
• Perry v. A.L. Lockhart
  871 F.2d 1384· 8th Cir.· 1989-04-10 ·cited 31×
  The court held that the state trial court's erroneous limitation on compulsory process did not warrant habeas relief as the absent witnesses' testimony was not material. It also held that the death sentence was not invalid under Collins v. Lockhart, as subsequent Supreme Court pr
• Enoch D. Hall v. State
  212 So. 3d 1001· Fla.· 2017-02-09 ·cited 30×
  The Florida Supreme Court affirmed the postconviction court's denial of Hall's motion to vacate his first-degree murder conviction and death sentence, and denied his habeas petition. Hall was convicted of murdering Corrections Officer Donna Fitzgerald while imprisoned and claimed
• Reynolds v. State
  251 So. 3d 811· Fla.· 2018-04-05 ·cited 29×
  Michael Reynolds challenged his death sentences under the Sixth and Eighth Amendments following Hurst v. State, arguing that jury instructions failed to require unanimous findings on aggravating factors and sufficient grounds for death. The Florida Supreme Court affirmed the deni
• Garrison v. United States
  73 F.4th 1354· 11th Cir.· 2023-07-13 ·cited 26×
  A Stromberg error occurred because the jury returned a general verdict and one predicate offense was invalid, but the error was harmless because the conviction was based on valid predicate offenses.
• Geronimo Vega v. State
  900 So. 2d 572· Fla. 2d DCA· 2004-09-17 ·cited 22×
  Geronimo Vega was convicted of battery on a law enforcement officer and resisting arrest with violence following a jury trial. The court reversed his battery conviction due to fundamental error in jury instructions that included an uncharged alternative form of the offense, while
• Lowe v. State
  259 So. 3d 23· Fla.· 2018-10-19 ·cited 21×
  Rodney Tyrone Lowe appeals his death sentence for the 1990 first-degree murder of Donna Burnell. The Florida Supreme Court affirms his sentence, rejecting claims including Hurst challenges, proportionality arguments, and various trial errors related to jury instructions, evidenti
• Hannon v. State
  228 So. 3d 505· Fla.· 2017-11-01 ·cited 21×
  Patrick Hannon, under a death sentence with an active execution warrant, appealed the denial of his third and fourth successive postconviction motions. The Florida Supreme Court affirmed the circuit court's denials, rejecting challenges to the lethal injection protocol, the Gover
• Kaczmar v. State
  228 So. 3d 1· Fla.· 2017-01-31 ·cited 21×
  Leo Louis Kaczmar, III appeals his death sentence imposed after a new penalty phase proceeding following this Court's remand due to erroneous aggravating factors in the original sentencing. The Florida Supreme Court affirms the death sentence, finding that although a Hurst v. Flo
• Escobar v. State
  699 So. 2d 984· Fla.· 1997-07-10 ·cited 20×
  Dennis Escobar appeals his conviction for first-degree murder and death sentence in the shooting death of Miami police officer Victor Estefan. The Florida Supreme Court reverses and remands, finding reversible error in the trial court's decision to hold a joint trial with his cod
• United States v. Bounds
  943 F.2d 541· 5th Cir.· 1991-09-20 ·cited 20×
  The court held that a district court's failure to inform a defendant of the possibility of supervised release during a guilty plea colloquy, when the aggregate maximum penalty exceeds the statutory maximum previously stated, requires reversal and vacation of the sentence, allowin
• Cozzie v. State
  225 So. 3d 717· Fla.· 2017-05-11 ·cited 18×
  The Florida Supreme Court affirmed a defendant's conviction for first-degree murder and sentence of death, rejecting his claims of error regarding jury selection, expert testimony, sentencing aggravators, penalty phase evidence, and the constitutionality of Florida's capital sent
• Terence Tobias Oliver v. State
  214 So. 3d 606· Fla.· 2017-04-06 ·cited 18×
  The Florida Supreme Court affirmed the convictions and death sentences for two counts of first-degree murder. The court found that the trial court did not abuse its discretion in admitting evidence of a shotgun, that the prosecutor's comment on lack of remorse did not warrant a m
• United States v. Paslay
  971 F.2d 667· 11th Cir.· 1992-09-03 ·cited 18×
  The Eleventh Circuit vacated the appellant's sentence on two counts and remanded for resentencing. The court found that the district court improperly relied on the "victimization" of accomplices as a basis for an upward departure from the sentencing guidelines. Additionally, the
• Williams v. State
  901 So. 2d 899· Fla. 4th DCA· 2005-04-20 ·cited 16×
  Eugene Williams was convicted of aggravated battery, but the Fourth District Court of Appeal reversed his conviction because the trial court erroneously gave a jury instruction on self-defense that was circular and confusing. The instruction improperly negated Williams's self-def
• Scott v. Singletary
  38 F.3d 1547· 11th Cir.· 1994-11-14 ·cited 16×
  Paul William Scott, sentenced to death for a 1978 murder, sought recall of a prior appellate mandate and habeas relief based on the intervening decision in Glock v. Singletary, arguing that his sentencing jury received an inadequate narrowing instruction on Florida's "heinous, at
• United States v. McKINNEY
  954 F.2d 471· 7th Cir.· 1992-01-22 ·cited 16×
  The court held that presenting an overt act that occurred after the conspiracy's objective was achieved was not plain error because the jury likely convicted based on other valid overt acts or evidence of the conspiracy. The court also held that evidence of the Aryan Brotherhood'
• Shou Demar Williams v. State
  901 So. 2d 357· Fla. 2d DCA· 2005-05-06 ·cited 14×
  Shou Demar Williams was convicted of two counts of sexual battery on a child, but the trial court violated judicial neutrality by prompting the prosecution to amend Count I from digital penetration to penile penetration. The court affirmed Count II but reversed Count I because th
• Warfield Raymond Wike, Jr. v. State
  648 So. 2d 683· Fla.· 1994-11-23 ·cited 14×
  Warfield Wike appeals his death sentence imposed after resentencing, challenging the trial judge's denial of his right to present final closing argument in the penalty phase. The Florida Supreme Court holds that Rule 3.780(c) mandates that a defendant in a capital case always has
• Bumpus v. Gunter
  635 F.2d 907· 1st Cir.· 1980-12-03 ·cited 14×
  The court held that while some jury instructions were imperfect, they did not rise to the level of constitutional error that would deprive the petitioner of due process or the right to be convicted only under the standard of proof beyond a reasonable doubt. The court also found n
• Emmett Clarke Blake v. State
  156 So. 2d 511· Fla.· 1963-09-27 ·cited 14×
  The evidence was sufficient to support a first-degree murder conviction under the Florida statute allowing proof of murder in the perpetration of robbery as an alternative to proving premeditation; the defendant's confession was properly admitted with corpus delicti adequately es