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

• Kelly v. Warden, House OF Correction
  701 F.2d 311· 4th Cir.· 1983-03-03 ·cited 4×
  The court held that the district court erred in placing the burden of proof on the petitioner to show harm from counsel's incompetence, rather than on the state to show the error was harmless.
• United States v. 158.24 Acres OF Land
  696 F.2d 559· 8th Cir.· 1982-12-27 ·cited 4×
  The court held that the landowner's expert's valuation testimony, based on a speculative lot method without sufficient evidence of demand, was inadmissible and prejudiced the jury verdict.
• Kemper v. State
  404 So. 2d 1184· Fla. 4th DCA· 1981-10-28 ·cited 4×
• Evensen v. The United States
  654 F.2d 68· Ct. Cl.· 1981-07-01 ·cited 4×
  The court held that the Standby Advisory Board (STAB) was improperly constituted due to overlapping membership, rendering its decisions void and entitling the plaintiff to back pay and record correction.
• Elroy Hendrix v. Smith
  639 F.2d 113· 2d Cir.· 1981-01-19 ·cited 4×
  The admission of a codefendant's extrajudicial statement that inculpated the appellant, even with a limiting instruction, violated the appellant's confrontation rights and was not harmless error given the weakness of the prosecution's case.
• United States v. Cheung Hon LAW
  633 F.2d 1156· 5th Cir.· 1981-01-08 ·cited 4×·via Harmless Error Standard
  The court held that the district court's failure to provide a perjury admonition and adequately inquire about promises outside the plea bargain constituted harmless error, and thus the guilty plea was valid.
• United States v. Almaguer
  632 F.2d 1265· 5th Cir.· 1980-12-17 ·cited 4×·via Harmless Error Standard
  The court held that the district court's failure to fully inform the defendant of the perjury risk under Rule 11(c)(5) was harmless error because the defendant suffered no prejudice and was not being prosecuted for perjury.
• Soap v. Carter
  632 F.2d 872· 10th Cir.· 1980-10-24 ·cited 4×
  The court held that a prosecutor's racially prejudicial remarks in closing argument, which appealed to stereotypes and created a probability of jury impairment, violated the petitioner's due process rights.
• Frechette v. Welch
  621 F.2d 11· 1st Cir.· 1980-05-06 ·cited 4×·via Federal Rule Of Civil Procedure 61 (Harmless Error)
  The court held that admitting depositions without satisfying Fed.R.Civ.P. 32(a)(3) was error, but the error was harmless and did not warrant reversal.
• United States v. 88.28 Acres OF Land
  608 F.2d 708· 7th Cir.· 1979-11-07 ·cited 4×·via Federal Rule Of Civil Procedure 61 (Harmless Error)
  The dismissal of parties claiming an interest in condemned land without determining their interest was error, but did not prejudice their substantial rights, thus the judgment is affirmed.
• Ulysses Gibson v. United States
  575 F.2d 556· 5th Cir.· 1978-06-22 ·cited 4×
  The court held that the improper use of prior uncounseled convictions to impeach a defendant's testimony constitutes harmless error if the evidence of guilt is overwhelming and the jury would have reached the same verdict regardless.
• United States ex rel. Arthur Dorey v. State OF NEW Jersey & Ann Klein
  560 F.2d 584· 3d Cir.· 1977-08-08 ·cited 4×
  The court held that the failure to instruct the jury on the elements of breaking and entering and larceny was not reversible constitutional error when the defense conceded these facts at trial.
• Langston v. Estelle
  544 F.2d 1331· 5th Cir.· 1977-01-10 ·cited 4×
  The court held that the use of an uncounseled probation revocation to impeach a defendant's testimony, while potentially problematic, was harmless error in this case.
• Martin v. State OF Ind.
  521 F.2d 682· 7th Cir.· 1975-08-28 ·cited 4×·via Harmless Error Standard
  The court held that the district court erred in denying the habeas corpus petition by deeming the constitutional issue moot, and that a remand is necessary for further factual determination.
• United States v. Adams
  470 F.2d 249· 10th Cir.· 1972-12-12 ·cited 4×·via Harmless Error Standard
  The court held that the admission of William's statement, though potentially violating Bruton, was harmless error beyond a reasonable doubt, and William's statement was voluntarily made after a valid Miranda waiver.
• Tafoya v. Eyman
  455 F.2d 1265· 9th Cir.· 1972-02-28 ·cited 4×·via Harmless Error Standard
  The court held that the accused has no right to counsel during out-of-court photographic identification and that any potentially tainted identifications were harmless error.
• Robideau v. Rhay
  452 F.2d 605· 9th Cir.· 1971-12-07 ·cited 4×·via Harmless Error Standard
  The court held that the prosecutor's comment on the petitioner's exercise of his Fifth Amendment right was harmless beyond a reasonable doubt.
• United States v. Clemons
  440 F.2d 205· D.C. Cir.· 1970-11-20 ·cited 4×
  A prior conviction used to enhance a sentence under D.C. Code § 22-3204 must be proven in the presence of the accused, and a concession in a bail application by counsel is insufficient proof.
• United States v. Gaines
  436 F.2d 150· D.C. Cir.· 1970-08-27 ·cited 4×
  The court held that while the conviction is affirmed, the case must be remanded for resentencing to determine eligibility under the Narcotic Addict Rehabilitation Act of 1966.
• Woodard v. United States
  429 F.2d 716· D.C. Cir.· 1970-06-04 ·cited 4×
  The dissenting judge argues that the rule established in Simmons and Bailey, which prevents testimony given by a criminal defendant to establish standing from being used against them at trial, should apply retroactively to the present case.
• United States ex rel. Bernard Cheeks v. Russell
  424 F.2d 647· 3d Cir.· 1970-03-26 ·cited 4×·via Harmless Constitutional Error
  The court held that the failure to give limiting instructions to the jury regarding the use of accomplice confessions, even if Cheeks' confession was found involuntary, did not constitute a denial of due process or federal constitutional error.
• Evans v. Cupp
  415 F.2d 844· 9th Cir.· 1969-08-22 ·cited 4×·via Harmless Error Standard
  The court held that the petitioner's claims regarding jury unanimity, prosecutorial comment on silence, and search and seizure were either waived, harmless, or not applicable under the relevant constitutional law at the time of trial.
• United States ex rel. Herbert James Daley v. Yeager
  415 F.2d 779· 3d Cir.· 1969-08-11 ·cited 4×
  The court held that the relator's constitutional rights under the Fourth, Fifth, and Sixth Amendments were violated when police obtained consent to search his apartment after he had requested counsel at a preliminary hearing.
• United States v. Williams
  401 F.2d 901· 9th Cir.· 1968-10-21 ·cited 4×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the trial court did not err in its jury instructions or in admitting certain testimony, as any errors were either favorable to the defendant, not objected to, or did not affect substantial rights.
• United States v. Soles
  401 F.2d 521· 6th Cir.· 1968-10-04 ·cited 4×
  The court held that charging multiple conspiracies as a single conspiracy under one count constitutes reversible error due to variance and improper joinder, except for defendants involved in all conspiracies.
• Odessky v. SIX L'S Packing Co., Inc.
  213 So. 2d 732· Fla. 1st DCA· 1968-09-05 ·cited 4×
  Morris Odessky sought certiorari review of a Department of Agriculture Commissioner's order requiring him to pay $5,910 to Six L's Packing Company for allegedly defective tomatoes. The court upheld the Commissioner's decision that the tomatoes met specifications at delivery and r
• Sec. & Exch. Comm'n v. United Benefit Life Ins. Co.
  359 F.2d 619· D.C. Cir.· 1966-03-10 ·cited 4×·via Federal Rule Of Civil Procedure 61 (Harmless Error)
  A Flexible Fund Annuity (FFA) is an insurance product, not a security, and is therefore exempt from federal regulation under the Securities Act of 1933 and the Investment Company Act of 1940.
• Riser v. Harley O. Teets
  253 F.2d 844· 9th Cir.· 1958-03-17 ·cited 4×
  The court held that the denial of eyewitness statements was not a federal due process violation, as the Jencks rule applies only to federal criminal justice administration.
• Thompson v. State
  265 So. 3d 700· Fla. 4th DCA· 2019-02-27 ·cited 3×·via Harmless Error Analysis In Sentencing
  Although a defendant's designation as a VFOSC is imposed as a matter of law when he violates probation by committing a qualifying offense, the trial court must make written findings considering the statutory factors in section 948.06(8)(e) to determine whether the defendant poses
• Gorzynski v. State
  255 So. 3d 990· Fla. 2d DCA· 2018-10-10 ·cited 3×·via Harmless Error Review
  Any error in admitting booking reports as hearsay evidence at sentencing was harmless where the same information was properly included in the presentence investigation report and the trial court's sentencing determination was clearly based on the defendant's unsuitability for sup
• Henion v. State
  247 So. 3d 537· Fla. 4th DCA· 2018-05-16 ·cited 3×·via Harmless Error Analysis In Sentencing
  Robert Roy Henion challenged his sentence on the ground that the sentencing scoresheet was improperly calculated, including an additional assault charge that increased the score from 38.10 to 38.30 points. Although the court agreed the scoresheet contained an error, it affirmed t
• Montes-Valeton v. State
  141 So. 3d 204· Fla. 3d DCA· 2014-03-12 ·cited 3×·via Harmless Error Standard
  Luis Montes-Valeton appeals his DUI conviction for causing serious bodily injury, challenging the admission of blood test results and autopsy photographs. The Third District Court of Appeal affirms, finding no error in admitting the blood test results and concluding that any erro
• Taurus L. Bryant v. State
  124 So. 3d 1012· Fla. 4th DCA· 2013-11-06 ·cited 3×
  Bryant was convicted of aggravated battery with a firearm and shooting into a structure based partly on testimony that a recorded jailhouse phone call originated from his housing unit. The court reversed and remanded for a new trial, finding that the detective's testimony identif
• Jackson v. State
  37 So. 3d 370· Fla. 2d DCA· 2010-05-28 ·cited 3×·via Harmless Error Standard
  Jackson was convicted of cocaine trafficking and conspiracy in Hillsborough County, but the appellate court reversed the trafficking conviction because the evidence showed Jackson possessed the cocaine only in South Florida (Broward/Dade County), not in Hillsborough County where
• Harris v. State
  34 So. 3d 187· Fla. 1st DCA· 2010-05-06 ·cited 3×·via Harmless Error Standard
  Dorothy Harris was convicted of conspiracy to possess hydrocodone based primarily on her brother's testimony. The appellate court reversed and remanded for a new trial, finding the trial court committed reversible error by admitting testimony about Harris's outstanding warrant fo
• White v. State
  17 So. 3d 822· Fla. 5th DCA· 2009-08-21 ·cited 3×·via Harmless Error Review
  Darryl White appeals his convictions for first-degree murder and robbery with a firearm, challenging the admission of the victim's dying declarations, the mention of a polygraph examination during plea testimony, and his involuntary absence from trial. The appellate court affirms
• Williams v. State
  10 So. 3d 218· Fla. 3d DCA· 2009-04-22 ·cited 3×·via Harmless Error Standard
  Ronald Williams was convicted of attempted first and second degree murder. The Florida District Court of Appeal affirmed his convictions despite finding that the prosecutor made improper statements during closing argument, because the error was harmless in light of overwhelming e
• Hill v. State
  933 So. 2d 667· Fla. 1st DCA· 2006-07-13 ·cited 3×
  The court held that the trial court erred in admitting evidence of unrelated crimes because the defendant's testimony did not open the door to such evidence and it was not otherwise relevant.
• Weiand v. State
  701 So. 2d 562· Fla. 2d DCA· 1997-07-11 ·cited 3×
  Kathleen Weiand appeals her second-degree murder conviction for shooting her husband, arguing the trial court erroneously excluded three defense witnesses and that the prosecutor's closing argument constituted reversible error. The court affirms the conviction while criticizing t
• Mills v. State
  596 So. 2d 1148· Fla. 4th DCA· 1992-03-25 ·cited 3×
  The court held that a trial court's failure to give defense counsel an opportunity to be heard on a jury's question, after notice was given, constitutes harmless error if the error did not affect the verdict beyond a reasonable doubt.
• Cohn v. Bond
  953 F.2d 154· 4th Cir.· 1991-12-31 ·cited 3×
  The court held that the medical staff's actions in recommending denial of privileges were shielded by the Local Government Antitrust Act and the State Action Doctrine, and that the district court's misidentification of the state claim was harmless error.
• Dep't OF Prof'l Reg. v. Melvin S. Wise, M.D.
  575 So. 2d 713· Fla. 1st DCA· 1991-02-14 ·cited 3×·via Harmless Error Standard
  The Department of Professional Regulation appealed the Board of Medicine's dismissal of disciplinary charges against a psychiatrist accused of sexual misconduct with patients. The appellate court reversed because the hearing officer improperly admitted irrelevant evidence about t
• Johnson v. Luella Burke
  903 F.2d 1056· 6th Cir.· 1990-05-22 ·cited 3×·via Harmless Error Standard
  The court held that the trial court's jury instructions containing a Sandstrom error were harmless, and that Johnson's claims of ineffective assistance of counsel and prosecutorial misconduct were without merit.
• Bouchard v. State
  556 So. 2d 1215· Fla. 2d DCA· 1990-02-16 ·cited 3×·via Harmless Error Standard
  Joseph Bouchard was convicted of DUI manslaughter arising from a fatal collision. The Florida District Court of Appeal reversed his conviction, finding that the prosecutor improperly injected evidence of Bouchard's lack of remorse into the trial, which was neither relevant nor an
• United States v. Kington
  878 F.2d 815· 5th Cir.· 1989-07-14 ·cited 3×·via Harmless Error Standard
  The court denied petitions for rehearing and rehearing en banc, adhering to its prior decision and addressing specific arguments raised by the defendants.
• Davis v. State
  539 So. 2d 555· Fla. 4th DCA· 1989-03-08 ·cited 3×
  The Fourth District Court of Appeal reversed Davis's robbery conviction, holding that the trial court erred in admitting an out-of-court statement from a witness who testified he had no knowledge of the crime, and in admitting details of the witness's prior conviction. The court
• United States v. Betty J. Johnson (86-1993)
  831 F.2d 124· 6th Cir.· 1987-10-15 ·cited 3×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that a non-practitioner selling bogus prescriptions for controlled substances can be convicted of unlawful distribution, and that sufficient evidence supported the conspiracy convictions of all defendants.
• Fla. Patient's Comp. Fund v. von Stetina
  474 So. 2d 783· Fla.· 1985-05-16 ·cited 3×
  Florida Patient's Compensation Fund challenged a $12.47 million medical malpractice verdict against Florida Medical Center for injuries to Susan Von Stetina, who suffered severe brain damage due to alleged respiratory equipment failure. The Florida Supreme Court upheld the consti
• Burns v. State
  466 So. 2d 1207· Fla. 3d DCA· 1985-04-09 ·cited 3×
  George Burns appealed his convictions for sexual battery with a deadly weapon, kidnapping, and robbery, challenging whether the prosecutor's elicitation of his spontaneous statement refusing to make statements constituted an impermissible comment on his right to remain silent. Th
• Glados, Inc. v. Reliance Ins. Co.
  888 F.2d 1309· 11th Cir.· 1982-09-03 ·cited 3×·via Harmless Error Standard
  The court held that the admission of evidence of prior fires involving a third party was not an abuse of discretion, and the exclusion of a police investigator's arson conclusion was harmless error.