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. Prantil
  764 F.2d 548· 9th Cir.· 1985-03-29 ·cited 21×
  The court held that the trial court abused its discretion by denying the defendant's motion to recuse the prosecutor, who was a material witness, and that the prosecutor's summation contained prejudicial misconduct. The court also held that the defendant's statements regarding an
• Ritter v. Smith
  726 F.2d 1505· 11th Cir.· 1984-02-27 ·cited 21×
  The 1975 Alabama death penalty statute's sentencing procedures, which required the judge to consider the jury's mandatory death sentence, are unconstitutional. However, the statute's preclusion of lesser included offenses at the guilt phase did not entitle the petitioner to a new
• Dep't of Health & Rehabilitative Servs. v. Wright
  439 So. 2d 937· Fla. 1st DCA· 1983-10-11 ·cited 21×
  Florida Administrative Code Rule 10A-5.18(5) is an invalid exercise of delegated legislative authority because the Department of Health and Rehabilitative Services failed to provide an adequate economic impact statement analyzing the rule's effects on affected ACLF operators and
• United States v. Webster Williams
  626 F.2d 697· 9th Cir.· 1980-08-28 ·cited 21×
  The court held that the denial of the motion to strike the co-defendant's testimony was not reversible error, and that the identification procedures, search of the vehicle, and supplemental jury instruction were proper.
• United States v. Bates
  512 F.2d 56· 5th Cir.· 1975-04-24 ·cited 21×
  The court held that a prosecutor's brief, unchallenged comment on a defendant's failure to testify, when followed by curative jury instructions, did not constitute plain error warranting reversal.
• United States v. Bundy
  472 F.2d 1266· D.C. Cir.· 1972-06-30 ·cited 21×·via Harmless Error Standard
  The court held that the failure to produce the officer's original notes was harmless error beyond a reasonable doubt.
• Cooper v. State
  902 So. 2d 945· Fla. 4th DCA· 2005-06-08 ·cited 20×·via Harmless Error Analysis In Sentencing
  This case reviews an appeal concerning an improperly calculated sentencing scoresheet. The appellate court affirmed the sentence for one charge but reversed and remanded for resentencing on others due to the scoresheet error.
• Sanders v. State
  847 So. 2d 504· Fla. 1st DCA· 2003-03-31 ·cited 20×·via Harmless Error Standard
  Sanders appealed the summary denial of his rule 3.850 postconviction motion claiming ineffective assistance of counsel for trial counsel's failure to request a jury instruction on a lesser included offense. The court affirmed, receding from prior precedent and holding that such a
• Dormezil v. State
  754 So. 2d 168· Fla. 5th DCA· 2000-03-31 ·cited 20×
  The court held that the trial court did not err in denying the motion to suppress cocaine found in the defendant's rental car, nor in denying a mistrial based on a prosecutor's comment.
• Escobar v. State
  699 So. 2d 984· Fla.· 1997-07-10 ·cited 20×·via Harmless Error Review
  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
• Carlton Bernard Tape v. State
  661 So. 2d 1287· Fla. 4th DCA· 1995-11-01 ·cited 20×·via Harmless Error Standard
  Carlton Bernard Tape appealed his conviction for three murders and one attempted murder, raising seven points for reversal. The court affirmed the murder convictions but reversed the attempted murder conviction because Florida law does not recognize attempted felony murder as a c
• Aubry Allen Gulley v. Pierce
  625 So. 2d 45· Fla. 1st DCA· 1993-09-17 ·cited 20×
  In a wrongful death action arising from a truck accident, the appellate court reversed the trial court's refusal to give jury instructions on certain traffic control law violations as evidence of negligence, but affirmed the admission of a criminal homicide detective as an accide
• United States v. Eisen
  974 F.2d 246· 2d Cir.· 1992-08-17 ·cited 20×
  The court affirmed the RICO convictions, holding that a scheme to defraud civil litigants of money through mail fraud and witness bribery constitutes racketeering activity under RICO, and that the definition of 'witness' under New York Penal Law § 215.00 includes individuals paid
• United States v. Rubio-Villareal
  967 F.2d 294· 9th Cir.· 1992-06-11 ·cited 20×·via Harmless Error Standard
  The court has supervisory power, but its exercise is limited and must be used with caution.
• United States v. Bounds
  943 F.2d 541· 5th Cir.· 1991-09-20 ·cited 20×·via Harmless Error Review
  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
• Cuevas v. Collins
  932 F.2d 1078· 5th Cir.· 1991-05-22 ·cited 20×
  The court held that the petitioner's Penry claim, competency to stand trial claim, and competency to be executed claim were procedurally barred or lacked merit, and thus denied the application for stay of execution.
• United States v. Simmons
  923 F.2d 934· 2d Cir.· 1991-01-11 ·cited 20×
  The court held that the admission of unredacted grand jury testimony during deliberations, while potentially a Sixth Amendment violation, was harmless error because the testimony was cumulative and the defendant's credibility was extensively attacked. The court also affirmed the
• Elio Frank Fernandez, Jr. v. State
  570 So. 2d 1008· Fla. 2d DCA· 1990-10-12 ·cited 20×·via Harmful Error Analysis
  Elio Frank Fernandez, Jr. was convicted of aggravated assault with a firearm after an altercation at a bar where he fired a shot. The Florida District Court of Appeal reversed his conviction because the trial court erred in refusing to instruct the jury on the lesser-included off
• United States v. Jungles
  903 F.2d 468· 7th Cir.· 1990-05-25 ·cited 20×
  The court held that the defendant's actions, including entering into an 'independent contractor' agreement with the intent to evade taxes, constituted affirmative acts sufficient for a tax evasion conviction. Any variance between the indictment's allegation of 'employer' and the
• United States v. Buford L. Peak & Bennie L. Peak
  856 F.2d 825· 7th Cir.· 1988-08-29 ·cited 20×
  The exclusion of hearsay evidence regarding Bennie Peak's state of mind was harmless error and did not affect substantial rights.
• United States v. Bailey
  834 F.2d 218· 1st Cir.· 1987-12-02 ·cited 20×·via Harmless Error Standard
  The court held that the district court erred in denying the defendant access to interview jurors who served with the government's key witness, as this violated her constitutional right to present a defense, but that the other claims of error were without merit.
• Life From THE SEA, Inc. v. Shlomo Levy and Charen Levy
  502 So. 2d 473· Fla. 3d DCA· 1987-01-20 ·cited 20×·via Harmless Error Standard
  Life From The Sea and York Fitness Center appealed a jury verdict awarding damages to a plaintiff injured while moving equipment. The court affirmed, rejecting arguments that the jury instruction on premises liability for independent contractors was improper and that ex parte jur
• LEE v. State
  486 So. 2d 709· Fla. 5th DCA· 1986-04-17 ·cited 20×·via Harmful Error Analysis
  The court held that the trial court erred in scoring victim injury points and using two score sheets, and that the reasons for departure were not clear and convincing, requiring reversal and remand for resentencing.
• United States v. McCALL
  740 F.2d 1331· 4th Cir.· 1984-08-17 ·cited 20×
  The court held that the written statement of Neal and the oral testimony of Hernandez regarding Neal's statements were inadmissible hearsay under FRE 802 and not exceptions under FRE 803(24) or 804(b)(5).
• Lilton B. Harris v. State
  449 So. 2d 892· Fla. 1st DCA· 1984-04-11 ·cited 20×
  Harris appeals his conviction for possession of a firearm by a convicted felon, challenging the trial court's denial of his motion to dismiss based on collateral estoppel and double jeopardy, the admission of evidence of his four prior felony convictions, and the denial of his mo
• Nat'l Labor Relations Bd. v. Eskimo Radiator MFG. Co.
  688 F.2d 1315· 9th Cir.· 1982-10-01 ·cited 20×·via Harmless Error In Administrative Proceedings
  The court held that Eskimo Radiator violated the National Labor Relations Act by refusing to bargain with the union, as the Board's certification was valid despite a procedural error in record transmission.
• United States v. MacCLOSKEY
  682 F.2d 468· 4th Cir.· 1982-06-17 ·cited 20×
  The court held that the evidence was insufficient to support a conspiracy conviction for the murder of a federal agent, but a new trial is required for the conspiracy to murder a witness due to the improper exclusion of defense witness testimony and prosecutorial misconduct.
• Lonnie S. Sales v. Harris
  675 F.2d 532· 2d Cir.· 1982-04-12 ·cited 20×·via Harmless Error Standard
  The court held that while a jury instruction impermissibly removed the issue of photo array suggestiveness from the jury, this error was harmless beyond a reasonable doubt, and the prosecutor's summation did not deny a fair trial.
• Stumes v. Solem
  671 F.2d 1150· 8th Cir.· 1982-03-01 ·cited 20×·via Harmless Constitutional Error
  The dissenting judge holds that the defendant's statements were voluntary and admissible, distinguishing the case from Edwards v. Arizona.
• United States v. McRARY
  665 F.2d 674· 5th Cir.· 1982-01-11 ·cited 20×
• United States v. Cook
  557 F.2d 1149· 5th Cir.· 1977-08-19 ·cited 20×·via Harmless Error Standard
  The admission of consent injunction documents, which did not admit wrongdoing, was an error under Rule 404(b) and Rule 403 because their probative value was substantially outweighed by the danger of unfair prejudice, particularly for defendant Cook.
• United States v. Buschman
  527 F.2d 1082· 7th Cir.· 1976-01-07 ·cited 20×
  The court held that a trial court did not abuse its discretion in refusing to give a cautionary instruction regarding hearsay testimony at the time it was admitted, provided the jury receives a complete and correct instruction later and there is no manifest prejudice to the defen
• Williams v. Estelle
  500 F.2d 206· 5th Cir.· 1974-09-06 ·cited 20×
  The court held that compelling a defendant to wear prison garb at trial, despite a request for civilian clothes, violates due process and is not harmless error if the evidence of guilt is not overwhelming.
• United States v. Norris Goss
  484 F.2d 434· 6th Cir.· 1973-08-31 ·cited 20×
  The court held that the trial judge's ruling on the voluntariness of the confession lacked the required clarity and that the issue of voluntariness was not properly submitted to the jury under 18 U.S.C. § 3501.
• United States v. Ragano
  476 F.2d 410· 5th Cir.· 1973-04-09 ·cited 20×
  The court held that the admission of hearsay testimony regarding Rizzo's out-of-court statement, which was not subject to cross-examination, was not harmless error, and that a witness's opinion on the ultimate issue of whether stock was received as payment for services rendered w
• Raysor v. State
  272 So. 2d 867· Fla. 4th DCA· 1973-02-12 ·cited 20×
  The denial of a defendant's statutory right to closing argument, when they offer no testimony except their own, constitutes reversible error, even if the evidence of guilt is strong.
• United States v. Chason
  451 F.2d 301· 2d Cir.· 1971-11-12 ·cited 20×
  The court held that the mailings were sufficiently integral to the scheme to constitute federal mail fraud, and that the erroneous exclusion of evidence regarding the defendant's state of mind was harmless error.
• United States v. Matos
  444 F.2d 1071· 7th Cir.· 1971-03-29 ·cited 20×
  The court held that a factual situation creating the possibility of prejudicial jury speculation is sufficient to warrant reversal, even if the speculation did not actually occur.
• United States v. Ornstein
  355 F.2d 222· 6th Cir.· 1966-01-12 ·cited 20×
  The court held that the trial judge's comments to the prosecutor in the presence of the jury, suggesting that certain elements of the crime had been proven, created an impermissible impression of partisanship and infringed upon the defendant's right to have the jury weigh the evi
• United States v. Sten
  342 F.2d 491· 2d Cir.· 1965-03-08 ·cited 20×·via Harmless Error Standard (Fed.R.Crim.P. 52(A))
  The court held that the admission of a business card and the withholding of certain pre-trial statements did not constitute plain error or reversible error, affirming the conviction.
• United States v. Tandaric
  152 F.2d 3· 7th Cir.· 1945-11-17 ·cited 20×
  The court held that the statute prohibiting false representation of U.S. citizenship by an alien is constitutional and that the evidence presented was sufficient to support the conviction.
• Jamil Abdullah Al-Amin v. Warden, Comm'r, Ga. Dep't OF Corr.
  932 F.3d 1291· 11th Cir.· 2019-07-31 ·cited 19×·via Harmless Error Standard
  The Eleventh Circuit affirmed the district court's denial of habeas relief, finding that while the prosecutor's comments violated Al-Amin's Fifth Amendment right against self-incrimination, the error did not result in actual prejudice under the Brecht standard due to overwhelming
• Riley v. State
  25 So. 3d 1· Fla. 1st DCA· 2008-10-22 ·cited 19×
  Riley sought relief for ineffective assistance of appellate counsel, arguing that his appellate counsel failed to raise a jury instruction error. The court found that the trial court erred in denying a lesser included offense instruction on simple battery, which constitutes per s
• Trs. OF Sabine Area Carpenters' Health & Welf. Fund v. DON Lightfoot Home Builder, Inc.
  704 F.2d 822· 5th Cir.· 1983-05-12 ·cited 19×
  Summary judgment is appropriate when there are no genuine disputes of material fact, and the court did not err in granting summary judgment on the issue of whether carpenters were employees or independent contractors.
• Ala. Hosp. Ass'n v. Beasley
  702 F.2d 955· 11th Cir.· 1983-04-14 ·cited 19×
  The court held that the state's Medicaid reimbursement plan's failure to account for patients receiving an inappropriate level of care was an error requiring reversal and remand, but other alleged errors were harmless.
• United States v. Leadell Walton
  538 F.2d 1348· 8th Cir.· 1976-08-05 ·cited 19×
  The court held that the admission of interlocking confessions in a joint trial was not reversible error, as the government's independent case was strong and the confessions were cumulative, rendering any error harmless. The court also found the warrantless search of an automobile
• Lomax v. State
  322 So. 2d 650· Fla. 2d DCA· 1975-11-19 ·cited 19×
  The failure to give a requested instruction on an immediately lesser included offense may be harmless error if there is overwhelming evidence of guilt for the greater crime and no rational basis for the jury to find only the lesser crime was committed.
• Wilson v. United States
  391 F.2d 460· D.C. Cir.· 1968-01-18 ·cited 19×
  The court held that a defendant's amnesia does not automatically negate competency or responsibility, provided the evidence clearly establishes guilt beyond a reasonable doubt.
• Cozzie v. State
  225 So. 3d 717· Fla.· 2017-05-11 ·cited 18×·via Harmless Error Review
  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×·via Harmless Error Review
  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