Harmless Error Rule

664 Florida cases classified under this topic, plus 839 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Traylor v. State
  596 So. 2d 957· Fla.· 1992-01-16 ·cited 651×·via Harmless Error Standard
  The Florida Supreme Court addressed whether confessions obtained during police interrogation violated the state constitutional rights against self-incrimination and to counsel, ultimately finding the Alabama confession was unlawfully obtained but the error was harmless, while app
• Linroy Bottoson v. Moore
  833 So. 2d 693· Fla.· 2002-10-24 ·cited 352×·via Harmless Error Review
  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×·via Harmless Error Review
  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. Varelli
  407 F.2d 735· 7th Cir.· 1969-02-11 ·cited 322×
  The court held that the evidence was insufficient to prove a single overall conspiracy, and the defendants were prejudiced by being tried together for multiple conspiracies without proper jury instructions. Therefore, the convictions are voided.
• State v. Murray
  443 So. 2d 955· Fla.· 1984-01-12 ·cited 288×
  Prosecutorial misconduct in closing arguments does not warrant automatic reversal unless the errors are so prejudicial as to vitiate the entire trial, and the harmless error rule must be applied.
• United States v. Mayo Perez
  489 F.2d 51· 5th Cir.· 1973-10-25 ·cited 276×
  The court held that the evidence was sufficient to support a finding of a single conspiracy, and that joinder and severance rulings were within the trial court's discretion.
• Malcus T. Clemons v. United States
  408 F.2d 1230· D.C. Cir.· 1968-12-06 ·cited 266×·via Harmless Error Standard
• Scurry v. State
  489 So. 2d 25· Fla.· 1986-06-05 ·cited 221×·via Harmless Error Analysis In Sentencing
  Willie Scurry Jr. challenged his 30-year sentence for second-degree murder, arguing that the trial court improperly relied on invalid reasons to depart from sentencing guidelines. The Florida Supreme Court held that all thirteen reasons given by the trial court were either legall
• Ruiz v. Estelle
  679 F.2d 1115· 5th Cir.· 1982-06-23 ·cited 216×
  The court held that while the district court correctly found constitutional violations regarding cruel and unusual punishment and due process, some of its remedial measures were overly broad and improperly considered state law. The court affirmed the district court's findings on
• Ford v. Strickland
  696 F.2d 804· 11th Cir.· 1983-01-07 ·cited 214×
  The court held that the Florida Supreme Court's practice of considering non-record material on direct appeal in capital cases violates due process, and that failure to require full resentencing after invalidating aggravating factors is an error.
• United States v. Dayton
  604 F.2d 931· 5th Cir.· 1979-10-18 ·cited 213×·via Harmless Error Review
  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.
• State v. Anderson
  905 So. 2d 111· Fla.· 2005-06-16 ·cited 199×·via Harmless Error Standard
  The Florida Supreme Court resolved a conflict between district courts regarding the appropriate harmless error standard for scoresheet calculation errors raised in post-conviction motions under Florida Rule of Criminal Procedure 3.850. The Court held that the "would-have-been-imp
• De Luna v. United States
  308 F.2d 140· 5th Cir.· 1962-08-15 ·cited 199×
  The court held that counsel for a testifying co-defendant cannot comment on the failure of another co-defendant to testify, as this violates the latter's Fifth Amendment rights.
• Special v. W. Boca Med. Ctr.
  160 So. 3d 1251· Fla.· 2014-11-13 ·cited 194×·via Harmless Error Standard
  The Florida Supreme Court clarified the test for harmless error in civil appeals, holding that the beneficiary of an error must prove there is no reasonable possibility the error contributed to the verdict. Applying this test, the Court reversed a medical malpractice judgment and
• Hittson v. GDCP Warden
  759 F.3d 1210· 11th Cir.· 2014-07-09 ·cited 193×·via Brecht Harmless-Error Standard
  The concurrence agrees with the majority that the Georgia Superior Court's application of the Brecht harmless-error standard, rather than the Chapman standard, on state collateral review is irrelevant to federal habeas relief under AEDPA. The concurrence emphasizes that AEDPA req
• Salazar v. State
  991 So. 2d 364· Fla.· 2008-07-10 ·cited 190×·via Harmless Error Standard
  Neil Salazar appeals his conviction and death sentence for the first-degree murder of Evelyn Nutter. The Florida Supreme Court affirmed both the conviction and sentence, finding that Salazar was the mastermind behind a brutal home invasion and murder carried out by accomplice Jul
• McQUEEN v. Swenson
  498 F.2d 207· 8th Cir.· 1974-06-04 ·cited 183×·via Harmless Constitutional Error
  The court held that the petitioner's trial counsel's failure to conduct any pretrial investigation beyond interviewing the defendant constituted ineffective assistance of counsel, violating the Sixth and Fourteenth Amendments.
• McArthur Breedlove v. State
  413 So. 2d 1· Fla.· 1982-03-04 ·cited 178×·via Harmless Error Standard
  McArthur Breedlove was convicted of first-degree murder, burglary, and theft arising from a home invasion and stabbing death, and sentenced to death. The Florida Supreme Court affirmed his conviction and death sentence, rejecting challenges based on Brady violations, suppression
• Duest v. Dugger
  555 So. 2d 849· Fla.· 1990-01-18 ·cited 172×·via Harmless Error Standard
  Lloyd Duest was convicted of first-degree murder and sentenced to death. The Florida Supreme Court reviewed his petition for habeas corpus and appeal from denial of postconviction relief, rejecting his claims that undisclosed evidence, a vacated prior conviction, and ineffective
• Davis v. State
  461 So. 2d 67· Fla.· 1984-10-04 ·cited 169×
  Allen Davis appeals his convictions for three counts of first-degree murder and three death sentences in a case involving the shooting and beating deaths of a woman and her two young daughters. The Florida Supreme Court affirms the convictions and sentences after reviewing Davis'
• United States v. Basurto
  497 F.2d 781· 9th Cir.· 1974-05-10 ·cited 169×
  The court held that federal prosecutors have a duty, under the court's supervisory power, to notify the grand jury when an indictment is based on perjured testimony.
• Smith v. State
  500 So. 2d 125· Fla.· 1986-12-24 ·cited 166×
  A trial court's failure to conduct a Richardson inquiry into a prosecution's discovery violation constitutes per se reversible error, even where the court might ultimately find the violation harmless. The defendant must be afforded a hearing to demonstrate prejudice from the undi
• United States v. Decoster
  624 F.2d 196· D.C. Cir.· 1976-10-19 ·cited 165×
  The court held that while a defendant must demonstrate a substantial breach of duty by counsel, the government bears the burden of proving lack of prejudice if the breach is established.
• Salvatore v. State
  366 So. 2d 745· Fla.· 1978-09-07 ·cited 154×
  Michael Salvatore was convicted of first-degree murder and conspiracy to commit murder in the brutal killing of business associate Burt DeWitt. The Florida Supreme Court affirmed his death sentence, rejecting challenges regarding mistrial, evidence suppression, jury composition,
• Haygood v. State
  109 So. 3d 735· Fla.· 2013-02-14 ·cited 150×·via Harmless Error Review
  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
• COX v. State
  819 So. 2d 705· Fla.· 2002-05-23 ·cited 146×·via Harmless Error Standard
  Allen Ward Cox was convicted of first-degree murder and sentenced to death for stabbing inmate Thomas Baker to death in a prison facility after accusing Baker of stealing $500 from his footlocker. The Florida Supreme Court affirmed Cox's conviction and death sentence, rejecting t
• Harris v. State
  438 So. 2d 787· Fla.· 1983-09-08 ·cited 143×
  Theodore Harris was convicted of first-degree murder, burglary with assault, and robbery of a 73-year-old woman. He appealed arguing his confession was involuntary and his trial contained procedural errors. The Florida Supreme Court affirmed the convictions and death sentence, fi
• Baker v. United States
  401 F.2d 958· D.C. Cir.· 1968-08-09 ·cited 143×
  The court affirmed the conviction, finding no reversible error in the jury selection, severance denials, or joinder of counts.
• Lamb v. Jernigan
  683 F.2d 1332· 11th Cir.· 1982-08-23 ·cited 135×
  The court held that while a jury instruction on malice may have unconstitutionally shifted the burden of proof, the error was harmless beyond a reasonable doubt due to overwhelming evidence of guilt.
• Ogden v. United States
  303 F.2d 724· 9th Cir.· 1962-05-16 ·cited 129×
  The court held that the application of 18 U.S.C.A. § 1001 to false statements on a Certificate of Non-affiliation was constitutional and that the defendant's conviction was valid, but remanded for a hearing on Jencks Act issues concerning witness statements.
• Harrel Franklin Braddy v. State
  111 So. 3d 810· Fla.· 2012-11-15 ·cited 127×·via Harmless Error Review
  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
• Busby v. State
  894 So. 2d 88· Fla.· 2004-11-04 ·cited 127×·via Harmless Error Standard
  Andrew Busby appeals his conviction for first-degree murder and death sentence. The Florida Supreme Court reversed the conviction and vacated the sentence due to reversible error in the trial court's denial of a challenge for cause against juror Kim Lapan, a former death row corr
• Duest v. State
  855 So. 2d 33· Fla.· 2003-06-26 ·cited 127×·via Harmless Error Standard
  Duest appeals a death sentence reimposed after the previous death sentence was vacated due to a defective prior conviction aggravator. The Florida Supreme Court affirms the death sentence, holding that the trial court properly instructed the jury on aggravating circumstances, pro
• Livingston v. State
  565 So. 2d 1288· Fla.· 1988-03-10 ·cited 123×
  Jessie Livingston appeals his conviction for first-degree murder and death sentence following a burglary and armed robbery that resulted in a fatal shooting. The Florida Supreme Court affirms the convictions and noncapital sentences but vacates the death sentence, finding one agg
• 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.
• State v. Carney
  476 So. 2d 165· Fla.· 1985-08-29 ·cited 119×·via Harmless Error Analysis In Sentencing
  When a departure sentence is based on both permissible and impermissible reasons, it should be reversed and remanded for resentencing unless the state proves beyond a reasonable doubt that the impermissible reasons did not affect the departure.
• United States v. de Cavalcante
  440 F.2d 1264· 3d Cir.· 1971-03-10 ·cited 118×
  The court held that the indictment was sufficient to charge a crime under 18 U.S.C. § 1952, and that the naming of additional co-conspirators constituted a variance, not a prejudicial amendment. However, the court found insufficient evidence to prove a conspiracy existed.
• Estes v. United States
  335 F.2d 609· 5th Cir.· 1964-08-10 ·cited 118×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the trial court did not err in denying the defendant's various motions and that the jury instructions and verdict were proper.
• Homan v. United States
  279 F.2d 767· 8th Cir.· 1960-06-07 ·cited 116×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that while some trial court actions constituted technical errors, they were harmless in light of the overwhelming evidence of guilt and did not warrant reversal.
• United States v. Bledsoe
  674 F.2d 647· 8th Cir.· 1982-03-12 ·cited 115×
  The court held that the evidence presented was sufficient to prove the existence of a RICO enterprise and that joinder of defendants was proper, or any misjoinder constituted harmless error.
• United States v. Ignasio Maldenaldo Sanchez
  269 F.3d 1250· 11th Cir.· 2001-10-17 ·cited 114×·via Harmless Error Review
  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
• Jones v. State
  998 So. 2d 573· Fla.· 2008-12-23 ·cited 113×
  Harry Jones was convicted of first-degree murder and sentenced to death for a 1991 killing. The Florida Supreme Court affirmed the trial court's denial of his Rule 3.850 postconviction motion and denied his habeas corpus petition, finding no Brady/Giglio violations, no prejudicia
• Escobar v. State
  699 So. 2d 988· Fla.· 1997-07-10 ·cited 113×·via Harmless Error Review
  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
• Chapman v. United States
  547 F.2d 1240· 5th Cir.· 1977-03-03 ·cited 113×
  The court held that while the prosecution's eliciting of the defendant's post-arrest silence may have constituted a due process violation under intervening law, it was harmless error beyond a reasonable doubt given the overwhelming evidence of guilt and the implausibility of the
• Amos Augustus Williams v. State
  123 So. 3d 23· Fla.· 2013-02-14 ·cited 112×·via Harmless Error Review
  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
• United States v. Irie E. Leonard
  494 F.2d 955· D.C. Cir.· 1974-01-31 ·cited 109×
  The court held that the district court committed reversible error by refusing to instruct the jury to scrutinize the testimony of witnesses granted immunity and by limiting cross-examination regarding pending felony charges against a witness. It also held that the failure to prov
• United States v. Mohammad Reza Mehrmanesh
  689 F.2d 822· 9th Cir.· 1982-10-05 ·cited 108×·via Harmless Error Standard (Fed.R.Crim.P. 52(A))
  The court held that the Speedy Trial Act sanctions for arrest-to-indictment delay do not apply because the defendant was arrested before the effective date of the sanctions, and that the admission of certain prior bad acts evidence was either admissible or harmless error.
• State v. Kinchen
  490 So. 2d 21· Fla.· 1985-08-30 ·cited 107×
  Florida will apply the more protective 'fairly susceptible' test rather than the federal 'manifestly intended' test when reviewing comments on a defendant's failure to testify, and such comments are subject to harmless error review under Chapman v. California.
• State v. Harbaugh
  754 So. 2d 691· Fla.· 2000-03-09 ·cited 106×·via Harmless Error Review
  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
• Olender v. United States
  210 F.2d 795· 9th Cir.· 1954-02-15 ·cited 106×
  Two consolidated mortgage foreclosure actions where the same lender sought to foreclose on mortgages held against the same borrowers and property. The court affirmed dismissal of the borrowers' counterclaim alleging an equitable partnership interest in a golf driving range operat