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. Corley
  978 F.2d 185· 5th Cir.· 1992-11-16 ·cited 2×·via Harmless Error Analysis In Sentencing
  The court held that a sentence imposed as a result of a misapplication of the Sentencing Guidelines must be vacated and remanded unless the error was harmless.
• United States v. Breitkreutz
  977 F.2d 214· 6th Cir.· 1992-09-30 ·cited 2×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the district court did not abuse its discretion in denying the motion to strike testimony for alleged grand jury abuse, nor in admitting the drug ledger and a co-conspirator's judgment and commitment order.
• ALL Indian Pueblo Council v. The United States
  975 F.2d 1437· 10th Cir.· 1992-09-17 ·cited 2×
  The court held that the denial of an administrative appeal was harmless error because the issues were fully litigated in the district court, and the Environmental Impact Statement (EIS) adequately addressed alternatives and environmental impacts under the National Environmental P
• United States v. Xiomaro E. Hernandez
  975 F.2d 1035· 4th Cir.· 1992-09-16 ·cited 2×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the district court erred in admitting extraneous evidence of prior bad acts under Federal Rule of Evidence 404(b) because its probative value was slight and substantially outweighed by the danger of unfair prejudice.
• United States v. Mustafa Mohamed Salama
  974 F.2d 520· 4th Cir.· 1992-09-03 ·cited 2×·via Harmless Error Analysis In Sentencing
  The court held that the district court's remarks regarding the defendant's alien status and the Sentencing Guidelines, while inappropriate, did not improperly influence the sentence, and the evidence adequately supported the findings regarding the number of participants and the d
• Galindo v. Ylst
  971 F.2d 1427· 9th Cir.· 1992-08-05 ·cited 2×·via Harmless Error Standard
  The court held that the exclusion of the victim's statement did not deprive the defendant of constitutional rights, and the defendant waived his claim regarding impeachment with a prior conviction by not testifying.
• Edward v. Lawrence
  961 F.2d 113· 8th Cir.· 1992-04-02 ·cited 2×·via Harmless Error Standard
  The court held that the district court erred by applying an improper harmless error standard and shifting the burden of proof when analyzing the prejudice prong of an ineffective assistance of counsel claim.
• Lillie v. United States
  953 F.2d 1188· 10th Cir.· 1992-01-13 ·cited 2×·via Harmless Error Standard
  An improper view of a scene by a judge without notice to parties is reversible error unless it can be shown to have had no effect on the decision.
• Bryant Murphy v. Tivoli Enters.
  953 F.2d 354· 8th Cir.· 1992-01-06 ·cited 2×·via Federal Rule Of Civil Procedure 61 (Harmless Error)
  The court held that while admitting telephone testimony and failing to provide a meaningful opportunity for counsel to object to a jury instruction response were errors, they did not constitute prejudicial error requiring reversal.
• United States v. Easley
  942 F.2d 405· 6th Cir.· 1991-08-22 ·cited 2×·via Harmless Constitutional Error
  The court held that even if jury instructions contained error regarding the 'contemporary community standards' prong of the obscenity test, such error was harmless beyond a reasonable doubt given the obvious obscenity of the materials.
• United States v. Lamela
  942 F.2d 100· 1st Cir.· 1991-08-21 ·cited 2×
  The court held that warrantless border searches were supported by reasonable suspicion and that alleged prosecutorial misconduct before the grand jury did not warrant dismissal of the indictment.
• United States v. Smith
  939 F.2d 9· 2d Cir.· 1991-07-22 ·cited 2×·via Harmless Error Standard
  The court held that the district court's refusal to instruct the jury on all elements of the charged offenses was reversible error.
• Sherley v. Seabold
  929 F.2d 272· 6th Cir.· 1991-05-24 ·cited 2×·via Harmless Error Standard
  The court held that the admission of hearsay testimony violated the petitioner's Sixth Amendment confrontation clause rights because the prosecution failed to demonstrate the witness's unavailability with a good-faith effort and the hearsay lacked sufficient indicia of reliabilit
• United States v. Hortensia Navarro-Garcia
  926 F.2d 818· 9th Cir.· 1991-02-07 ·cited 2×
  The court held that the district court abused its discretion by denying an evidentiary hearing on allegations of jury misconduct involving extrinsic evidence.
• Graham v. State
  573 So. 2d 166· Fla. 4th DCA· 1991-01-16 ·cited 2×
• Holloman v. State
  573 So. 2d 134· Fla. 2d DCA· 1991-01-09 ·cited 2×
  Barbara Holloman was convicted by jury of three counts of delivery of cocaine and three counts of possession of cocaine. The appellate court reversed and remanded for a new trial, finding that the prosecutor's closing argument improperly commented on appellant's failure to testif
• Valenzuela-Gonzalez v. United States Dist. Court FOR the Dist. OF Ariz.
  915 F.2d 1276· 9th Cir.· 1990-09-27 ·cited 2×
  The court held that arraignment by closed-circuit television violates Federal Rules of Criminal Procedure 10 and 43, requiring the defendant's physical presence in the courtroom.
• Cadle Co. v. Spilotros (In Re Spilotros)
  117 B.R. 691· M.D. Fla.· 1990-08-08 ·cited 2×
  The court held that the Bankruptcy Court's determination that the debt was dischargeable was not clearly erroneous, as the plaintiff failed to prove reasonable reliance on the debtor's financial statement.
• Hunter v. Clark
  906 F.2d 302· 7th Cir.· 1990-07-03 ·cited 2×
  The majority holds that a defendant waived his constitutional right to a no-adverse-inference instruction by declining the trial court's offer of severance. The dissenting judge argues this holding contravenes Supreme Court precedent and principles of waiver.
• Peters v. Five Star Marine Serv.
  898 F.2d 448· 5th Cir.· 1990-04-03 ·cited 2×·via Federal Rule Of Civil Procedure 61 (Harmless Error)
  The court held that the trial judge did not err in excluding expert testimony or accident reports, as the excluded evidence was either unnecessary or cumulative.
• Butzin v. Wood
  886 F.2d 1016· 8th Cir.· 1989-09-26 ·cited 2×
  The court held that the suspect's confession was not the product of interrogation requiring full Miranda warnings because he initiated the conversation and the statements were volunteered.
• State v. Sylester Earl Smith
  547 So. 2d 131· Fla.· 1989-07-27 ·cited 2×·via Harmless Error Standard
  The Florida Supreme Court held that due process under the Florida Constitution prohibits conducting a compelled police lineup against a criminal defendant in custody pursuant to an ex parte court order without notice to the defendant or opportunity for counsel. The Court reversed
• The People OF THE Territory OF Guam v. Ibanez
  880 F.2d 108· 9th Cir.· 1989-07-19 ·cited 2×·via Harmless Error Review
  The court held that a prior en banc decision regarding an erroneous jury instruction on reasonable doubt controls this case, requiring reversal.
• United States v. Rising
  867 F.2d 1255· 10th Cir.· 1989-02-08 ·cited 2×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the defendant's convictions for murder and possession of a knife were supported by sufficient evidence and that various procedural and evidentiary rulings by the trial court did not constitute reversible error.
• Smart v. Leeke
  856 F.2d 609· 4th Cir.· 1988-09-06 ·cited 2×·via Harmless Error Standard
  The court held that a jury instruction placing the burden of proving self-defense on the defendant in a South Carolina murder trial violated due process because self-defense is an element of murder in South Carolina, which the prosecution must disprove beyond a reasonable doubt.
• United States v. Bailey
  846 F.2d 1· 1st Cir.· 1988-05-03 ·cited 2×·via Harmless Error Standard
  The court held that the district court's error in denying access to jurors was harmless, and thus a new trial is not warranted.
• Talavera v. State
  523 So. 2d 1258· Fla. 2d DCA· 1988-04-27 ·cited 2×
  The court reversed a cocaine trafficking conviction because the trial court failed to conduct a Richardson hearing before ruling on discovery violations, which constitutes per se reversible error.
• Powell v. State
  515 So. 2d 1294· Fla. 2d DCA· 1987-09-25 ·cited 2×·via Harmless Error Analysis In Sentencing
  Powell appeals his conviction for aggravated battery and related offenses, challenging the trial court's exclusion of evidence, impeachment of a witness, and an upward departure from sentencing guidelines. The appellate court affirmed the conviction and sentences, finding the exc
• Gilmore v. Henderson
  825 F.2d 663· 2d Cir.· 1987-07-31 ·cited 2×·via Harmless Error Standard
  The court held that the trial court's exclusion of defense witnesses' testimony, which impeded the defendant's constitutional right to present a defense, was not harmless error beyond a reasonable doubt.
• Hill v. State
  511 So. 2d 567· Fla. 1st DCA· 1987-07-29 ·cited 2×
  On rehearing en banc, the First District Court of Appeal affirmed Eugene Hill's felony convictions, holding that a trial court's failure to instruct the jury that the state bears the burden of proving the defendant's sanity is not fundamental error requiring reversal when defense
• United States v. Tri-No Enters., Inc.
  819 F.2d 154· 7th Cir.· 1987-04-30 ·cited 2×·via Federal Rule Of Civil Procedure 61 (Harmless Error)
  The court held that removing coal from stockpiles constitutes a 'surface coal mining operation' under SMCRA, that no statute of limitations bars the government's claim for reclamation fees, and that allowing a corporation to be represented by a non-lawyer was harmless error.
• United States v. Yaroslaw Kopelciw
  815 F.2d 1235· 8th Cir.· 1987-04-10 ·cited 2×
  The court held that the district court did not err in denying motions for severance and continuance, nor was the sentencing of Bittner excessive.
• United States v. Harris
  814 F.2d 155· 4th Cir.· 1987-02-04 ·cited 2×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the trial court's technical violation of Fed.R.Crim.P. 43(a) was harmless error and that the defendant's counsel's failure to request a witness list during voir dire waived that issue.
• Zuber v. State
  500 So. 2d 670· Fla. 1st DCA· 1986-12-31 ·cited 2×
  Rebecca Zuber, age 16, was convicted of first-degree murder for persuading her friend Jerry Clenny to shoot her father. She appealed on grounds that evidence of her mental defects was wrongfully excluded and that a mistrial should have been granted after her codefendant's confess
• State v. Lowry
  498 So. 2d 427· Fla.· 1986-12-11 ·cited 2×
  Comments by a prosecutor that are fairly susceptible of construction as a comment upon a defendant's right to remain silent constitute reversible error only if harmless error analysis shows the error was not harmless beyond a reasonable doubt, not per se reversible error.
• Thornton v. State
  497 So. 2d 906· Fla. 4th DCA· 1986-10-15 ·cited 2×
  Alvin Thornton appealed his conviction for second-degree murder, claiming the trial court erred by admitting an officer's comment on his right to remain silent. The Florida Supreme Court directed reconsideration under the harmless error standard established in State v. DiGuilio,
• Danford v. State
  492 So. 2d 690· Fla. 4th DCA· 1986-07-02 ·cited 2×
  Danford was indicted for three counts of sexual battery on a child and entered a not guilty plea after standing mute at arraignment. The trial court erroneously allowed the jury to view the indictment with clerk's notations indicating the defendant stood mute, which constituted a
• Thompson v. State
  480 So. 2d 179· Fla. 3d DCA· 1985-12-17 ·cited 2×·via Harmless Error Standard
  Dennis Wayne Thompson was convicted of grand theft and dealing in stolen property after stolen property from a bar burglary was found in his apartment. The Florida District Court of Appeal affirmed the conviction for dealing in stolen property but reversed the conviction for gran
• Butler v. State
  476 So. 2d 1334· Fla. 1st DCA· 1985-10-02 ·cited 2×
  Daniel Butler appealed his conviction for burglary with a firearm and attempted first-degree murder, challenging a jury instruction on justifiable use of force in one's own home. The appellate court held the instruction was erroneous but harmless under the circumstances, affirmin
• Busby v. Holt
  771 F.2d 1461· 11th Cir.· 1985-09-24 ·cited 2×·via Harmless Error Standard
  The court held that the prosecutor's misconduct in calling a witness who intended to invoke the Fifth Amendment, and the trial court's error in permitting this, constituted a constitutional violation that was not harmless error.
• Monroe v. Dep't OF the Treas.
  770 F.2d 1044· Fed. Cir.· 1985-08-15 ·cited 2×·via Harmful Error Standard
  The court held that the petitioner was not denied his right to a properly conducted oral response hearing and that alleged ex parte contacts were not harmful error.
• United States v. Jonnet
  762 F.2d 16· 3d Cir.· 1985-05-06 ·cited 2×·via Harmless Error Standard (Fed.R.Crim.P. 52(A))
  The court held that the inadvertent submission of the entire deposition transcripts, including a significant transcription error, to the jury room constituted reversible error because it could have substantially swayed the judgment.
• Claudio Fernandez v. Rodriguez
  761 F.2d 558· 10th Cir.· 1985-04-04 ·cited 2×
  The admission of polygraph test results, which are testimonial communications, in a criminal trial cannot be harmless error if the confession was involuntary or if the error was not harmless beyond a reasonable doubt.
• United States v. Wilensky
  757 F.2d 594· 3d Cir.· 1985-03-21 ·cited 2×
  The court held that while the trial judge's conduct in questioning witnesses overstepped judicial bounds, it did not rise to the level of prejudicial error requiring reversal of the convictions, nor did the judge abuse discretion in denying motions to disqualify and for a mistria
• People OF the State OF Ill. v. Interstate Commerce Comm'n & United States
  751 F.2d 903· 7th Cir.· 1985-01-03 ·cited 2×·via Harmless Error In Administrative Proceedings
  The court held that the Interstate Commerce Commission's orders permitting railroad abandonment were sustainable under customary standards, and the petitioners' arguments for continued service were insufficient.
• Amilio Amatucci v. Del. & Hudson Ry. Co.
  745 F.2d 180· 2d Cir.· 1984-09-28 ·cited 2×
  The court held that the district court erred by admitting prejudicial testimony about other engineers suffering heart attacks, which affected the railroad's substantial rights.
• Brock v. State
  446 So. 2d 1170· Fla. 5th DCA· 1984-03-15 ·cited 2×
  Appellate court reversed burglary and grand theft convictions because prosecutor improperly commented on defendant's failure to testify, violating the Fifth Amendment right to remain silent, despite overwhelming evidence of guilt.
• United States v. Guyon
  717 F.2d 1536· 6th Cir.· 1983-09-26 ·cited 2×
  The court held that the trial court's failure to instruct the jury on a lesser-included offense was error, and this error was not harmless beyond a reasonable doubt.
• Guar. Abstract & Title Co., Inc. v. United States
  696 F.2d 793· 10th Cir.· 1983-01-10 ·cited 2×·via Federal Rule Of Civil Procedure 61 (Harmless Error)
  The court held that the trial court did not err in submitting the issue of unreasonable earnings accumulation to the jury, nor in refusing to allow inspection of a witness's personal note.
• Adams v. State
  423 So. 2d 439· Fla. 4th DCA· 1982-12-01 ·cited 2×
  Ralph Adams appeals his conviction for conspiracy to traffic marijuana, arguing that improper joinder of his co-defendant James Brunswick (who faced an additional cocaine delivery charge) requires reversal. The Fourth District Court of Appeal holds that joinder errors based on pl