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

• Hicks v. State
  622 So. 2d 14· Fla. 5th DCA· 1993-06-25 ·cited 12×
  Marcos Hicks was convicted of kidnapping, robbery, and sexual battery with a deadly weapon. The Fifth District Court of Appeal reversed and remanded because the trial court erred in refusing to instruct the jury on the necessarily included lesser offense of sexual battery by thre
• United States v. Johnson
  952 F.2d 565· 1st Cir.· 1991-12-19 ·cited 12×·via Harmless Error Review
  The court affirmed the convictions and sentences, holding that the FISA surveillance was lawful, the prosecution's opening statement and admitted evidence were not unfairly prejudicial, and the indictment and evidence for Count Three were sufficient. The court also rejected the F
• Molecular Tech. Corp. v. Al Valentine
  925 F.2d 910· 6th Cir.· 1991-02-11 ·cited 12×
  The court held that accepting a jury verdict with inconsistent findings and misapplications of instructions was reversible error, and that a judgment notwithstanding the verdict should have been granted for the Snyder defendants on MoTech's negligent misrepresentation claim due t
• United States v. Pulley
  922 F.2d 1283· 6th Cir.· 1991-01-10 ·cited 12×
  The court held that allowing two government agents to remain in the courtroom as witnesses violated Rule 615, but the error was harmless. The court also affirmed the conviction and sentence, finding no reversible error in the hearsay or sentencing departure issues.
• Rabren v. Dep't OF Prof'l Reg.
  568 So. 2d 1283· Fla. 1st DCA· 1990-10-02 ·cited 12×·via Harmless Error In Administrative Proceedings
  The Florida District Court of Appeal reviewed a Board of Pilot Commissioners (BPC) order that dismissed disciplinary charges against pilot David Rabren but designated additional docking facilities as "ports" requiring state-licensed pilots. The court vacated the port designation
• Beltran v. State
  566 So. 2d 792· Fla.· 1990-09-20 ·cited 12×
  The harmless error rule applies to cases where offenses have been misjoined in a single information. A per se rule of reversal for misjoinder is rejected.
• Messinger v. United States
  872 F.2d 217· 7th Cir.· 1989-04-18 ·cited 12×·via Harmless Error Standard
  The court held that the appellant's mail fraud conviction was valid because the scheme defrauded Cook County of a property right (the security interest in the bail bond refund), even though the indictment and jury instructions also mentioned intangible rights.
• Robinson v. State
  530 So. 2d 1085· Fla. 4th DCA· 1988-09-14 ·cited 12×·via Harmless Error Analysis In Sentencing
  The court held that a trial court may depart from sentencing guidelines on resentencing if at least one valid reason for departure was previously articulated and not invalidated, even if other reasons were invalid or not initially stated in writing.
• Williams v. State
  513 So. 2d 684· Fla. 3d DCA· 1987-09-01 ·cited 12×
  Preston Williams was convicted of burglary and trafficking in cocaine based largely on informant testimony. The court reversed his convictions because the trial court failed to conduct a proper inquiry into a Brady violation—the state's nondisclosure that the informant had a plea
• United States v. Powell
  806 F.2d 1421· 9th Cir.· 1986-12-30 ·cited 12×·via Harmless Error Standard
  The court held that while evidentiary errors were harmless, the defendant was entitled to acquittal on false certification counts because he was not a 'transferor' under the statute without an ownership interest in the vehicles.
• Richardson v. State
  488 So. 2d 661· Fla. 4th DCA· 1986-05-21 ·cited 12×
  Edward Richardson was convicted by jury of trafficking in cocaine, delivery of cocaine, and possession of marijuana. The appellate court affirmed the trafficking and delivery convictions, but reversed the marijuana possession conviction due to insufficient evidence, and remanded
• State v. MacIas
  481 So. 2d 979· Fla. 4th DCA· 1986-01-22 ·cited 12×
  The State petitioned for certiorari review of a circuit court decision that reversed a DUI conviction and granted a new trial, arguing that the trial court's direction for the defendant to speak and perform sobriety tests did not violate her Fifth Amendment privilege against self
• Adamson v. Ricketts
  758 F.2d 441· 9th Cir.· 1985-04-18 ·cited 12×·via Harmless Error Standard
  The court held that the admission of certain hearsay statements was a Confrontation Clause violation but harmless error, and that Arizona's death penalty statute is constitutional as applied.
• Pupillo v. United States
  755 F.2d 638· 8th Cir.· 1985-02-22 ·cited 12×·via Harmless Error In Administrative Proceedings
  The court held that the Perishable Agricultural Commodities Act's definition of 'responsibly connected' establishes a per se rule, meaning an individual is subject to sanctions if they held certain corporate positions with a violator, regardless of their actual control or fault.
• Lazarus C. Finney v. Rothgerber
  751 F.2d 858· 6th Cir.· 1985-01-08 ·cited 12×
  The court held that a defendant's voluntary absence from trial constitutes a waiver of the right to be present, and that while a "no adverse inference" instruction is required in the enhancement phase of a persistent felony offender trial, the failure to give it in this case was
• United States v. Hall
  724 F.2d 1055· 2d Cir.· 1983-12-28 ·cited 12×
  The dissenting judge would not reach the admissibility of the initial oral confession because the district court abused its discretion by accepting a conditional guilty plea.
• United States v. Harland L. Radue
  707 F.2d 493· 11th Cir.· 1983-06-16 ·cited 12×·via Harmless Error Rule (Chapman V. California)
  The court held that the magistrate did not err in refusing to hold evidentiary hearings on the appellant's claims of pre-indictment delay and improper use of IRS summonses, and that the blanket assertion of Fifth Amendment privilege was not justifiable.
• Tikalsky v. City OF Chicago
  687 F.2d 175· 7th Cir.· 1982-08-02 ·cited 12×·via Federal Rule Of Civil Procedure 61 (Harmless Error)
  The court held that the district court abused its discretion by granting a new trial based on the reversal of a case that had minimal impact on the jury's deliberations and was not a basis for the jury's verdict.
• United States v. Ira T. Smith
  692 F.2d 658· 10th Cir.· 1982-07-06 ·cited 12×·via Harmless Error Standard
  The court held that aggregating the value of stolen goods to meet the $5000 jurisdictional amount is permissible, and the trial court's refusal to give a specific jury instruction regarding addict informant testimony was not prejudicial error in this case.
• Topley v. State
  416 So. 2d 1158· Fla. 4th DCA· 1982-06-09 ·cited 12×
  Donald Topley appeals his conviction for burglary, grand theft, and criminal mischief on two grounds: that he was tried in jail clothing and that the prosecutor's closing remarks warranted mistrial. The court found the prosecutor's conduct harmless but remanded on the jail clothi
• United States v. Bruscino
  662 F.2d 450· 7th Cir.· 1981-10-20 ·cited 12×
  The court held that the district court did not abuse its discretion in ruling that extraneous material exposed to the jury did not prejudice the appellants' case.
• United States v. Livingston
  661 F.2d 239· D.C. Cir.· 1981-08-20 ·cited 12×·via Harmless Error Standard
  A prior inconsistent statement made to a postal inspector, even if sworn, does not qualify as substantive evidence under Federal Rule of Evidence 801(d)(1)(A) because it was not made in a "trial, hearing, or other proceeding."
• Cuciak v. State
  394 So. 2d 500· Fla. 4th DCA· 1981-02-18 ·cited 12×·via Harmless Error Standard
  In this probation revocation appeal, the Fourth District Court of Appeal held that defendants have a right to discovery under Florida Rules of Criminal Procedure Rule 3.220 in violation of probation proceedings, but decline to apply the per se reversal rule from Richardson v. Sta
• Thornton Lee Handley v. Pitts
  623 F.2d 23· 6th Cir.· 1980-06-24 ·cited 12×
• Harris v. State
  381 So. 2d 260· Fla. 5th DCA· 1980-02-13 ·cited 12×
  Eddie James Harris was convicted of attempted burglary but the Florida District Court of Appeal reversed and remanded for a new trial after two prosecution witnesses made improper comments about Harris remaining silent following his Miranda warnings. The court held that such comm
• Burley Clifton Harryman v. Estelle
  597 F.2d 927· 5th Cir.· 1979-06-25 ·cited 12×
  The admission into evidence of an unlawfully obtained incriminating statement, elicited during custodial interrogation without Miranda warnings, was not harmless constitutional error because it may have contributed to the conviction.
• Andrews v. State
  372 So. 2d 143· Fla. 3d DCA· 1979-06-12 ·cited 12×
  Patricia Andrews was convicted of first-degree murder, robbery, burglary, and petty larceny in a joint trial with co-defendant Sublette for the beating death of Louis Broeker during a home invasion. The court affirmed the conviction, rejecting Andrews' claims that denial of sever
• United States v. Noah
  594 F.2d 1303· 9th Cir.· 1979-04-11 ·cited 12×
  The court held that inquiring about the numerical division of a deliberating jury constitutes plain error requiring reversal.
• United States v. Stewart
  576 F.2d 50· 5th Cir.· 1978-07-05 ·cited 12×
  A confession obtained without complete Miranda warnings, including the right to appointed counsel for indigents, is inadmissible in the government's case-in-chief, and its admission, along with evidence of prior crimes contained therein, cannot be considered harmless error when t
• Petrycki v. Youngstown & N. R.R. Co.
  531 F.2d 1363· 6th Cir.· 1976-03-23 ·cited 12×
  The court held that a trial judge's ex parte communication with a jury, answering a question about the maximum award amount without notice to counsel, constitutes reversible error unless affirmatively shown to be harmless.
• United States v. Scott
  529 F.2d 338· D.C. Cir.· 1975-12-24 ·cited 12×
  The dissenting judge believes the conviction should be affirmed, but the sentence should be modified to include probation.
• United States v. Aloyisus M. Brown
  519 F.2d 1368· 6th Cir.· 1975-07-31 ·cited 12×
  The court held that the prosecutor's improper cross-examination, which introduced unproven allegations to the jury, constituted reversible error.
• United States v. Perkins
  498 F.2d 1054· D.C. Cir.· 1974-05-28 ·cited 12×
  The court held that while the record's accuracy was questionable, the reconstructed malice instruction, despite containing errors, did not necessitate a new trial but warranted remand for resentencing.
• United States v. Black
  480 F.2d 504· 6th Cir.· 1973-06-15 ·cited 12×·via Harmless Constitutional Error
  The court held that the Brooks decision, extending Fifth Amendment protections against self-incrimination, should be applied prospectively, meaning it applies to critical stages occurring after the Brooks decision.
• United States v. Stroud
  474 F.2d 737· 9th Cir.· 1973-03-02 ·cited 12×
  The court held that while the revocation of bail during trial was improper, it constituted harmless error given the overwhelming evidence. The court also held that the conviction under 18 U.S.C. § 2113(a) merged with the conviction under § 2113(d).
• United States v. Stevens
  452 F.2d 633· 10th Cir.· 1972-01-03 ·cited 12×
  The court held that the admission of testimony regarding other stolen vehicles did not constitute reversible error, and the evidence was sufficient to support the conviction.
• United States ex rel. William C. Stubbs v. Mancusi
  442 F.2d 561· 2d Cir.· 1971-04-19 ·cited 12×·via Harmless Constitutional Error
  The admission of prior testimony from a witness who was not made available for cross-examination at retrial, despite the prosecution's failure to make a good-faith effort to secure his presence, violated the Confrontation Clause and was not harmless error.
• State v. Garcia
  240 So. 2d 633· Fla.· 1970-10-21 ·cited 12×
  The Florida Supreme Court reversed three District Court of Appeal decisions that had overturned convictions based on Bruton v. United States concerns regarding admission of co-defendants' confessions. The Court held that under specific circumstances—including sufficient independe
• Earnest L. Jacobson v. People OF the State OF Cal. & Louis S. Nelson
  431 F.2d 1017· 9th Cir.· 1970-09-30 ·cited 12×
  The court held that the appellant's claims regarding illegally obtained confessions and improper jury selection were without merit or moot, affirming the denial of habeas corpus relief.
• United States v. Young
  422 F.2d 302· 8th Cir.· 1970-03-03 ·cited 12×
  The court held that a conviction under 26 U.S.C. § 4744(a)(1) must be vacated due to Fifth Amendment self-incrimination concerns, but convictions for illegal transfer and conspiracy stand. Admission of a codefendant's extrajudicial statements was harmless error due to overwhelmin
• United States v. Denver Lane Moore
  419 F.2d 810· 6th Cir.· 1969-12-30 ·cited 12×·via Harmless Error Standard
  The court held that the denial of continuances did not prejudice the defendant and the jury instruction on consent to search was proper.
• Hall v. United States
  413 F.2d 45· 5th Cir.· 1969-07-02 ·cited 12×·via Harmless Constitutional Error
  The court held that the appellant could not assert the Fifth Amendment rights of his co-conspirators, nor could he claim his indictment was unlawful based on alleged violations of their rights.
• United States v. Satterfield
  410 F.2d 1351· 7th Cir.· 1969-05-23 ·cited 12×
  The court held that the district court did not abuse its discretion in denying the severance motion and that the admission of pre-trial identification evidence was harmless error.
• Gresham v. United States
  374 F.2d 389· 8th Cir.· 1967-03-30 ·cited 12×
  The court held that the admission of testimony regarding a gun, even if improper, was harmless error because it did not affect the defendant's substantial rights given the strength of the evidence.
• Simmons v. United States
  308 F.2d 324· D.C. Cir.· 1962-06-07 ·cited 12×
  The court held that while the trial court erred in denying the defense's request for an in camera inspection of grand jury minutes for potential inconsistencies, the error was harmless.
• United States v. Sawyer
  294 F.2d 24· 4th Cir.· 1961-08-19 ·cited 12×
  The court held that the circumstantial evidence presented was sufficient for a jury to find the defendant guilty of possessing property intended for use in violating internal revenue laws, and that the admission of evidence concerning a nearby still was proper to show intent.
• Knight v. United States
  225 F.2d 55· 9th Cir.· 1955-07-18 ·cited 12×
  The court held that the failure to formally file an information detailing a prior conviction was harmless error when the defendant admitted his prior conviction and identity in open court.
• Deviney v. State
  213 So. 3d 794· Fla.· 2017-03-23 ·cited 11×·via Harmless Error Review
  Randall Deviney was convicted of first-degree murder of Delores Futrell and sentenced to death by jury recommendation of 8-4. The Florida Supreme Court affirmed the conviction but vacated the death sentence and remanded for a new penalty phase because the non-unanimous jury verdi
• English v. State
  43 So. 3d 871· Fla. 5th DCA· 2010-09-03 ·cited 11×
  The court held that while the trial court erred in admitting a BOLO dispatch, the error was harmless beyond a reasonable doubt because the victim had already provided the same description and there was overwhelming evidence of guilt.
• Bellamy v. State
  712 So. 2d 409· Fla. 2d DCA· 1998-04-24 ·cited 11×·via Harmless Error Analysis In Sentencing
  Eddie Bellamy appealed his conviction for delivery of cocaine and habitual felony offender sentencing. The appellate court affirmed the conviction but reversed the habitual offender sentence due to insufficient proof of the requisite temporal connection between the current and pr