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

• United States v. Bordallo
  857 F.2d 519· 9th Cir.· 1988-08-30 ·cited 23×
  The court held that the defendant's convictions for witness tampering and conspiracy to obstruct justice were affirmed, but convictions for bribery, conspiracy to commit bribery, extortion, and conspiracy to commit extortion were reversed.
• Shepard v. Lane
  818 F.2d 615· 7th Cir.· 1987-05-06 ·cited 23×·via Harmless Error Standard
  The court held that the petitioner's claims of ineffective assistance of counsel and prosecutorial misconduct did not warrant habeas corpus relief because the overwhelming evidence of guilt rendered any alleged errors harmless.
• United States ex rel. Gerald Scarpelli v. George
  687 F.2d 1012· 7th Cir.· 1982-08-26 ·cited 23×
  The court held that a restriction on cross-examination of a crucial witness is not automatically harmful error and can be harmless beyond a reasonable doubt if it does not affect substantial rights.
• Glenn v. Dallman
  686 F.2d 418· 6th Cir.· 1982-08-23 ·cited 23×
  The dissenting judge would affirm the district court's decision and deny the writ, finding that the Ohio Supreme Court's interpretation of aggravated burglary statutes was not irrational and that any instructional error was harmless.
• Dairyland Ins. Co. v. Makover
  654 F.2d 1120· 5th Cir.· 1981-09-04 ·cited 23×·via Federal Rule Of Civil Procedure 61 (Harmless Error)
  The court held that diversity jurisdiction under 28 U.S.C. § 1332(c) does not apply when the insurer, rather than the claimant, is the party seeking to appeal, even if the insurer initiated the declaratory judgment action.
• Zilka v. Estelle
  529 F.2d 388· 5th Cir.· 1976-03-25 ·cited 23×
  A conviction will not be set aside on a petition for writ of habeas corpus, even if prior counselless felony convictions were used for impeachment, if the error is harmless beyond a reasonable doubt.
• Geronimo Vega v. State
  900 So. 2d 572· Fla. 2d DCA· 2004-09-17 ·cited 22×·via Harmless Error Review
  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
• Wilson v. State
  724 So. 2d 144· Fla. 1st DCA· 1998-12-04 ·cited 22×
  Harry Wilson appeals his convictions for dealing in stolen property, burglary, and petit theft, arguing the trial court failed to conduct an adequate Faretta inquiry before permitting him to represent himself. The court reversed and remanded for a new trial, finding the trial cou
• Jackson v. State
  707 So. 2d 412· Fla. 5th DCA· 1998-03-20 ·cited 22×·via Harmless Error Standard
  Jackson appealed his conviction for robbery and aggravated assault with a firearm. The appellate court reversed his conviction, finding two reversible errors: (1) the trial court improperly admitted hearsay testimony about an anonymous tip identifying the defendant, and (2) the p
• Worden v. State
  603 So. 2d 581· Fla. 2d DCA· 1992-07-17 ·cited 22×
  Competent, substantial circumstantial evidence supported the defendant's conviction for first-degree murder and aggravated child abuse where the child died of rapid cerebral edema from blunt-force trauma occurring within two hours of death, the defendant had sole care of the chil
• Doty v. Sewall
  908 F.2d 1053· 1st Cir.· 1990-07-17 ·cited 22×·via Federal Rule Of Civil Procedure 61 (Harmless Error)
  The court affirmed the district court's judgment on most issues, finding no abuse of discretion in evidentiary rulings or denial of a new trial, but reversed the denial of prejudgment interest on state law claims.
• United States v. Drummond
  903 F.2d 1171· 8th Cir.· 1990-05-14 ·cited 22×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The dissent argues that a trial court's failure to inform a defendant of their right to appeal, as required by Fed.R.Crim.P. 32(a)(2), should not be subject to harmless error analysis.
• Coleman v. McCORMICK
  874 F.2d 1280· 9th Cir.· 1989-05-05 ·cited 22×·via Harmless Error Standard
  The court held that the defendant's sentence must be reversed due to procedural issues in place at the time of trial regarding capital punishment hearings.
• United States v. Pupo
  841 F.2d 1235· 4th Cir.· 1988-03-10 ·cited 22×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  A conviction under an indictment that fails to allege an essential element of the offense, specifically scienter, is invalid if the objection is raised before verdict. Newly discovered evidence that is merely cumulative does not warrant a new trial.
• United States v. Armand W. Robinson, Sr.
  832 F.2d 366· 7th Cir.· 1987-09-18 ·cited 22×
  The court held that while the trial court erred in limiting voir dire regarding potential jurors' knowledge of attorneys' publicity, this error was harmless and did not deny the defendant a fair trial. The court also affirmed limitations on cross-examination of informants, findin
• LEE v. State
  508 So. 2d 1300· Fla. 1st DCA· 1987-06-17 ·cited 22×
  Sylvester Lee appeals his conviction for kidnapping, sexual battery, and robbery. The court reversed and remanded because the trial court erred in admitting evidence of an unrelated bank robbery committed hours after the charged offenses, which was inadmissible collateral crime e
• High v. Kemp
  819 F.2d 988· 11th Cir.· 1987-06-04 ·cited 22×
  The court held that the jury instructions regarding mitigating circumstances were adequate and that the prosecutor's comments about other murders did not render the trial fundamentally unfair. The court also found that Batson v. Kentucky does not apply retroactively to collateral
• United States v. Musa "Moses" Sweiss
  800 F.2d 684· 7th Cir.· 1986-09-05 ·cited 22×·via Harmless Error Standard
  The court held that while portions of the excluded tape recording were admissible under the rule of completeness, the defendant waived the issue by failing to lay a sufficient foundation at trial.
• Marr v. State
  470 So. 2d 703· Fla. 1st DCA· 1985-01-29 ·cited 22×
  Paul Allen Marr appeals his sexual battery conviction, challenging the constitutionality of Florida's rape shield statute as applied to exclude evidence of the victim's prior sexual conduct relevant to bias, and contesting the trial court's denial of a requested jury instruction
• Millett v. State
  460 So. 2d 489· Fla. 1st DCA· 1984-12-10 ·cited 22×
  Kevin Millett appeals his conviction for child abuse and a four-year sentence. The appellate court affirmed the conviction but reversed the sentencing because the trial court failed to provide written reasons for deviating from guideline sentencing recommendations.
• United States v. Monaghan
  741 F.2d 1434· D.C. Cir.· 1984-08-24 ·cited 22×·via Harmless Error Standard
  The court held that the prosecutor's repeated comments on the defendant's silence, particularly in a case with a questionable witness, constituted reversible error because they were not harmless beyond a reasonable doubt.
• United States ex rel. Melvin H. Sullivan v. Fairman
  731 F.2d 450· 7th Cir.· 1984-04-09 ·cited 22×·via Harmless Error Standard
  The court held that the petitioner forfeited his due process claims by failing to fairly present them to the state courts, but reversed and remanded the ineffective assistance of counsel claim for further proceedings.
• United States v. Terry
  729 F.2d 1063· 6th Cir.· 1984-03-16 ·cited 22×
  The court held that the trial court did not err in admitting tape-recorded conversations and evidence of prior misconduct, and that the defendants' other alleged trial errors did not warrant reversal.
• Hughes Anderson Bagley v. Lumpkin
  719 F.2d 1462· 9th Cir.· 1983-11-10 ·cited 22×·via Harmless Error Standard
  The government's failure to disclose impeachment evidence regarding key witnesses, which prevented effective cross-examination, constitutes a due process violation requiring automatic reversal.
• Fenner v. Dependable Trucking Co., Inc.
  716 F.2d 598· 9th Cir.· 1983-09-09 ·cited 22×
  The court's original disposition held that the trial court's order was voidable on appeal, and there was sufficient evidence of negligence to go to the jury.
• United States v. Lane
  693 F.2d 385· 5th Cir.· 1982-11-26 ·cited 22×·via Harmless Error Standard
  The court held that the use of a paid informant on a case-by-case basis did not violate established legal standards, and the trial judge's conduct and statements did not constitute reversible error.
• Recinos v. State
  420 So. 2d 95· Fla. 3d DCA· 1982-02-02 ·cited 22×·via Harmless Error Standard
  Francisco Recinos appeals his second-degree murder conviction on the ground that the trial court erred in instructing defense counsel not to communicate with Recinos during recesses while he testified. The appellate court affirmed, finding that although the trial court's restrict
• Burton v. Bergman
  649 F.2d 428· 6th Cir.· 1981-05-21 ·cited 22×·via Harmless Error Standard
  The dissenting judge argues that the majority erred in granting habeas relief based on a single word in jury instructions, as the instructions as a whole were not prejudicial and the conviction was supported by overwhelming evidence.
• Monroe v. State
  396 So. 2d 241· Fla. 3d DCA· 1981-04-03 ·cited 22×
  Willie Monroe appealed his convictions for robbery with a firearm and display of a firearm in the commission of a felony, claiming prosecutorial misconduct regarding his post-arrest silence and that the firearm offense was a lesser included offense barring separate conviction. Th
• United States v. Rodriguez
  627 F.2d 110· 7th Cir.· 1980-08-12 ·cited 22×
  A new trial is not necessary or proper despite a prosecutor's comment on a defendant's failure to testify, as the comment was unintentional and prejudice was vitiated by curative instructions.
• Carvey v. LeFEVRE
  611 F.2d 19· 2d Cir.· 1979-12-12 ·cited 22×·via Harmless Error Standard
  The court held that a suspect's waiver of counsel is ineffective if the suspect is not informed of a pending indictment, but the admission of statements obtained in violation of this right may be harmless error.
• United States v. Moore
  604 F.2d 1228· 9th Cir.· 1979-09-21 ·cited 22×·via Harmless Error Standard
  The court held that the government can prove the absence of a first sale through circumstantial evidence and that the failure to instruct the jury on the first sale doctrine was harmless error. It also affirmed that proof of distribution alone can suffice for infringement under t
• Keen v. Detroit Diesel Allison and Detroit Diesel Engine
  569 F.2d 547· 10th Cir.· 1978-04-03 ·cited 22×
  The court held that the erroneous admission of unanswered discovery requests, presented to the jury as deemed admitted, was not harmless error and required reversal.
• United States v. Ayo-Gonzalez
  536 F.2d 652· 5th Cir.· 1976-08-06 ·cited 22×
  The court held that mens rea is not a required element for conviction under 16 U.S.C. § 1081, and any Miranda violation regarding the defendant's identification as captain was harmless error.
• Olive Fields v. Chicago
  532 F.2d 1211· 8th Cir.· 1976-04-07 ·cited 22×·via Federal Rule Of Civil Procedure 61 (Harmless Error)
  The court held that the jury instructions, when viewed as a whole, adequately presented the defendant railroad's theory of contributory negligence and the railroad's duty to maintain the crossing, and therefore substantial justice was done.
• United States v. Perez
  493 F.2d 1339· 10th Cir.· 1974-03-18 ·cited 22×·via Harmless Error Standard
• United States v. Medansky
  486 F.2d 807· 7th Cir.· 1973-10-03 ·cited 22×
  The court held that the district court did not abuse its discretion in declaring a mistrial due to a hung jury, nor did it err in subsequent rulings during the second trial, affirming the conviction.
• Henry v. State
  277 So. 2d 78· Fla. 2d DCA· 1973-05-04 ·cited 22×
  Henry was convicted of robbery after a jury trial and appealed, arguing the trial judge erred by failing to instruct the jury on lesser included offenses such as attempted robbery, larceny, and assault. The court affirmed the conviction, holding that because defense counsel affir
• United States v. Tsoi Kwan Sang
  416 F.2d 306· 5th Cir.· 1969-08-11 ·cited 22×·via Harmless Error Standard
• Blackwell v. United States
  405 F.2d 625· 5th Cir.· 1969-01-16 ·cited 22×·via Harmless Constitutional Error
  The court held that the defendant's convictions were supported by sufficient evidence and that his procedural challenges regarding witness testimony, jury instructions, and grand jury proceedings lacked merit.
• Bearden v. United States
  403 F.2d 782· 5th Cir.· 1968-11-05 ·cited 22×
  The court held that the jury's observation of a co-defendant's guilty plea and the judge's comment on it in the jury charge, while not ideal, did not constitute reversible error given the overwhelming evidence of guilt and the lack of demonstrable unfairness.
• Hance v. United States
  299 F.2d 389· 8th Cir.· 1962-02-14 ·cited 22×
  The court held that the trial court did not err in denying defendants' broad requests for all documents and grand jury testimony of a government witness, as the produced 'Report B' contained all relevant information and any error in withholding other documents was harmless.
• United States v. Anthony G. "Amos" Amadio
  215 F.2d 605· 7th Cir.· 1954-08-30 ·cited 22×
  The dissenting judge holds that the defendant did not receive a fair trial due to numerous prejudicial errors.
• Lowe v. State
  259 So. 3d 23· Fla.· 2018-10-19 ·cited 21×·via Harmless Error Review
  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×·via Harmless Error Review
  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×·via Harmless Error Review
  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
• Thomas v. State
  63 So. 3d 55· Fla. 4th DCA· 2011-05-18 ·cited 21×·via Harmless Error Standard
  Kevin Thomas appeals his conviction for possession of cocaine with intent to sell, arguing the trial court failed to conduct an adequate Richardson hearing after discovering the State did not list Detective Tianga as an expert witness in discovery, despite presenting him as such
• United States v. Ervin Kindle
  925 F.2d 272· 8th Cir.· 1991-02-15 ·cited 21×
  The court affirmed the convictions, holding that the trial court did not err by failing to inquire into a potential conflict of interest, that contact with sequestered witnesses was not prejudicial, and that other claims regarding confrontation clause rights, severance, evidence
• United States v. Martin
  897 F.2d 1368· 6th Cir.· 1990-03-01 ·cited 21×·via Harmless Error Standard
  The court held that the admission of hearsay testimony regarding the defendant's prior criminal acts was improper and violated the Confrontation Clause, and that this error was not harmless.
• United States ex rel. Marlon Thomas v. O'Leary
  856 F.2d 1011· 7th Cir.· 1988-09-16 ·cited 21×·via Harmless Error Standard
  The court held that the failure of Thomas's attorneys to file a brief on the State's appeal from the suppression ruling constituted a complete denial of counsel at a critical stage, violating the Sixth Amendment, and that this violation could not be considered harmless error.