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

• Castro v. United States
  248 F. Supp. 2d 1170· S.D. Fla.· 2003-02-28 ·via Harmless Error Review
  The court held that the movant's claims were procedurally barred or substantively without merit, and adopted the Magistrate's recommendation to deny the motion to vacate, set aside, or correct the conviction and sentence.
• Avant v. State
  793 So. 2d 97· Fla. 2d DCA· 2001-08-15 ·via Harmless Error Analysis In Sentencing
  The court held that the trial court erred in denying the motion to correct an illegal sentence, as the error was not harmless and the sentencing amendments could not be applied retroactively.
• Nile Almon Myers v. State
  788 So. 2d 1112· Fla. 2d DCA· 2001-07-06
  The court held that a prosecutor's improper bolstering of a key witness's credibility during closing arguments, especially in a case with questionable evidence, constitutes reversible error.
• Maxie Smith v. State
  758 So. 2d 1186· Fla. 2d DCA· 2000-05-05
  The court held that the trial court did not err in failing to sustain an objection to a peremptory juror strike and did not err in failing to grant a mistrial or give a curative instruction for improper prosecutorial remarks.
• Campbell-Eley v. State
  756 So. 2d 1043· Fla. 4th DCA· 2000-04-05
  The Florida Fourth District Court of Appeal reversed Campbell-Eley's third-degree murder conviction, holding that the trial court violated her Sixth Amendment right to a public trial by completely excluding all members of the public, including family members, from the courtroom d
• Grant v. State
  779 So. 2d 355· Fla. 2d DCA· 2000-03-29
  The court held that a defendant must be sufficiently apprised of the dangers and disadvantages of self-representation before waiving counsel.
• Denson v. State
  745 So. 2d 1093· Fla. 4th DCA· 1999-11-24
  The court held that the trial court erred in admitting evidence of a collateral crime to prove identity because the crimes lacked unique characteristics.
• Dunsizer v. State
  746 So. 2d 1093· Fla. 2d DCA· 1999-02-26 ·via Harmful Error Standard
• Dopson v. State
  719 So. 2d 37· Fla. 5th DCA· 1998-09-18 ·via Harmful Error Analysis
  The court held that even if the trial court improperly allowed impeachment with a prior conviction where adjudication was withheld, the error was not harmful because the defendant was properly impeached with other prior felony convictions.
• Grieco v. State
  626 So. 2d 968· Fla. 4th DCA· 1993-09-29
• Green v. State
  623 So. 2d 1237· Fla. 4th DCA· 1993-09-15
  The Department of Labor's 'true doubt' rule, which shifts the burden of persuasion to the party opposing a benefits claim when evidence is evenly balanced, violates Section 7(c) of the Administrative Procedure Act.
• United States v. Nicholas Castano & Theresa Rodriguez
  999 F.2d 615· 2d Cir.· 1993-07-15
  The court held that a defendant who goes to trial to assert issues not related to factual guilt may be entitled to an acceptance of responsibility reduction, but otherwise, denying factual guilt at trial forecloses such a reduction. The court also held that the erroneous admissio
• United States v. Wagner
  996 F.2d 906· 7th Cir.· 1993-06-17
  The court affirmed the validity of the guilty pleas and sentences for John and Michael Wagner, but vacated Scott Sine's sentence and remanded for a specific finding on cocaine attribution, while dismissing ineffective assistance of counsel claims.
• United States v. Hitchcock
  992 F.2d 236· 9th Cir.· 1993-04-28 ·via Harmless Error Review
  The court held that the interlocutory order denying appointment of counsel without a showing of financial need and refusing to prevent prosecution use of financial information is not immediately appealable under the collateral-order doctrine and that a writ of mandamus is not war
• United States v. Jearold Kenneth Williams
  989 F.2d 1061· 9th Cir.· 1993-03-22 ·via Harmless Error Review
  The court held that the search warrants were valid, the admission of certain hearsay statements was either proper or harmless error, other crimes evidence was admissible, severance was not required, prosecutorial misconduct did not warrant reversal, and the Sentencing Guidelines
• United States v. Florencio Ortega-Lopez
  988 F.2d 70· 9th Cir.· 1993-03-03 ·via Harmless Error Review
  The district court lacked jurisdiction to hear the Rule 35(a) motion after the notice of appeal was filed, and the failure to afford allocution was harmless error.
• Bendel v. State
  613 So. 2d 613· Fla. 4th DCA· 1993-02-24 ·via Harmless Error Analysis In Sentencing
  The court reversed and remanded for resentencing because the trial judge improperly applied a multiplier to legal restraint points in calculating the sentencing guidelines score, contrary to the Florida Supreme Court's disapproval of such multipliers in Flowers v. State.
• United States v. Nazarenus
  983 F.2d 1480· 8th Cir.· 1993-01-27 ·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the defendant's speedy trial rights were not violated, the trial court did not abuse its discretion in jury selection, the stipulation regarding Indian country was sufficient, and evidentiary rulings and jury instructions were either not erroneous or constitut
• Allison v. Ticor Title Ins. Co.
  979 F.2d 1187· 7th Cir.· 1992-11-12
  The court held that Ticor breached its duty to defend its insureds and is estopped from asserting policy exclusions, and that title insurers are not exempt from prejudgment interest statutes.
• Rouleau v. Meachum
  974 F.2d 8· 2d Cir.· 1992-08-27 ·via Harmless Error Standard
  The court held that any error in the jury instruction concerning duress was harmless with respect to the robbery conspiracy charge, and therefore reversed the grant of a conditional writ of habeas corpus.
• Desire v. Attorney General OF California
  969 F.2d 802· 9th Cir.· 1992-07-10
  The court held that the defendant's confession, obtained after he invoked his Miranda rights and without initiating further communication, was unconstitutionally elicited and should have been suppressed.
• United States v. Pasquale G. Barone
  968 F.2d 1378· 1st Cir.· 1992-07-06 ·via Harmless Error Review
  The court held that the district court's finding of voluntariness must be given deference, and suppression of the statements was improper.
• United States v. DeBOER
  966 F.2d 1066· 6th Cir.· 1992-06-09 ·via Harmless Error Standard
  The court held that the defendant's conviction for conspiracy to distribute a controlled substance was supported by sufficient evidence and that the trial court did not commit reversible error in its jury instructions or evidentiary rulings.
• Nylon Vick v. A.L. Lockhart
  952 F.2d 999· 8th Cir.· 1991-12-26 ·via Harmless Error Standard
  The court held that a remand is necessary to determine the timing of Miranda warnings and for an evidentiary hearing on ineffective assistance of counsel claims.
• In re NEW Concept Hous., Inc. v. Arl W. Poindexter, Jr.
  951 F.2d 932· 8th Cir.· 1991-12-20
  The court held that the bankruptcy court's failure to provide notice of a settlement hearing to the debtor was a denial of due process and not harmless error, even though the debtor was not represented by counsel.
• United States v. Flenoid
  949 F.2d 970· 8th Cir.· 1991-11-21 ·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the improper exclusion of a key witness's prior testimony, which was not harmless error, required reversal of the conviction and remand for a new trial.
• Hope v. State
  588 So. 2d 255· Fla. 5th DCA· 1991-10-10
  Hope was charged with felony DUI based on three prior Minnesota DUI convictions. The information did not allege the prior convictions as essential elements, but Hope received notice of them and pled nolo contendere. The court held the circuit court had jurisdiction despite the de
• United States v. Rafaelito
  946 F.2d 107· 10th Cir.· 1991-09-24
  The court held that the admission of the defendant's exculpatory statements was harmless error, the denial of a lesser included offense instruction was proper, and the denial of a reduction for acceptance of responsibility was correct.
• United States v. Ghulam Sabir Rana
  944 F.2d 123· 3d Cir.· 1991-09-04 ·via Harmless Error Standard (Fed.R.Crim.P. 52(A))
  The court held that the district court abused its discretion by allowing the jury to examine a notebook containing unadmitted exhibits, but this error was harmless due to overwhelming evidence of guilt.
• Curry v. Sullivan
  925 F.2d 1127· 9th Cir.· 1991-02-04
  The court held that the Secretary's determination that the claimant was not disabled was supported by substantial evidence and that any minor factual errors were harmless.
• United States v. Nestor Galindo
  913 F.2d 777· 9th Cir.· 1990-09-11
  The court held that while mentioning plea discussions to the jury was constitutional error, the government proved no reasonable possibility that the statement affected the verdict due to a strong curative instruction and the jury's careful deliberation and partial verdicts.
• United States v. Dennis
  902 F.2d 591· 7th Cir.· 1990-05-16
  A premature notice of appeal filed before the imposition of costs is ineffective to challenge those later costs.
• Abbott v. Parke
  893 F.2d 868· 6th Cir.· 1990-01-16 ·via Harmless Error Standard
  The admission of Abbott's statements, obtained after he invoked his Sixth Amendment right to counsel, was not harmless error and violated his constitutional rights.
• United States v. Slovacek
  867 F.2d 842· 5th Cir.· 1989-03-01 ·via Harmless Error Standard
  The court held that the evidence of FDIC insurance was sufficient, the jury instructions, though imperfect, did not constitute plain error or constructively amend the indictment, and the imposed fine was statutorily authorized.
• United States v. Lustig
  865 F.2d 41· 2d Cir.· 1989-01-06
  The court held that a postal employee's negotiation and sale of marijuana, even if consummated off-premises, constituted a 'postal offense' within the statutory authority of postal inspectors to investigate.
• Matire v. State
  534 So. 2d 1168· Fla. 4th DCA· 1988-08-31
  Prosecutor's comments on defendant's post-arrest silence constitute harmful error requiring a new trial when the permissible evidence is not conclusive and there is a reasonable possibility the improper comments influenced the verdict.
• Alvarez v. State
  527 So. 2d 913· Fla. 3d DCA· 1988-06-28 ·via Harmless Error Standard
• Hester v. State
  525 So. 2d 487· Fla. 1st DCA· 1988-05-20 ·via Harmless Error Analysis In Sentencing
  On remand from the Florida Supreme Court, the First District Court of Appeal reconsidered whether Hester's sentences could be upheld despite the invalidity of some departure reasons under the standard established in Griffis v. State. The court affirmed the original sentences, fin
• Ferrante v. State
  524 So. 2d 742· Fla. 4th DCA· 1988-05-18
  William Ferrante was convicted of RICO conspiracy and theft of state funds in a fuel tax fraud scheme, but the appellate court reversed and remanded because the trial court failed to determine whether jurors' exposure to prejudicial newspaper articles affected the verdict. The co
• Harrison Porterfield v. State
  522 So. 2d 483· Fla. 1st DCA· 1988-03-17
  Harrison Porterfield appeals his conviction for possession and sale of cocaine, challenging prosecutorial comments about his failure to testify at trial. The court reverses and remands for a new trial, finding that the prosecutor's repeated references to Porterfield's silence con
• Grasselli v. State
  517 So. 2d 764· Fla. 2d DCA· 1987-12-30 ·via Harmless Error Analysis In Sentencing
  The court held that a sentencing scoresheet error, which prevented the trial court from having sufficient information to determine a proper sentence or departure, requires resentencing.
• Martin v. State
  517 So. 2d 737· Fla. 4th DCA· 1987-12-23
  The trial court erred in admitting evidence of prior convictions after the state failed to furnish them to the defense pretrial, and in denying the motion for mistrial when a burglary conviction was disclosed. The defendant's credibility-dependent defense and the state's discover
• Abreu v. State
  511 So. 2d 1111· Fla. 2d DCA· 1987-09-04
  Pablo Abreu was convicted by jury of trafficking in cocaine and conspiracy to traffic in cocaine. The appellate court reversed and remanded for a new trial, finding that the prosecution's closing argument improperly commented on Abreu's failure to testify, which violated his Fift
• Lowry v. State
  510 So. 2d 1196· Fla. 4th DCA· 1987-08-12 ·via Harmless Error Standard
  The court remanded the case for a determination of whether the prosecutor's comment on the appellant's right to remain silent was harmless error beyond a reasonable doubt, following the standard set in State v. DiGuilio.
• Christopher v. State
  824 F.2d 836· 11th Cir.· 1987-07-23 ·via Harmless Error Standard
  The court held that the admission of Christopher's confession was not harmless error because it was obtained in violation of his Fifth Amendment right to remain silent, as police failed to scrupulously honor his repeated requests to cease questioning.
• Med. Pers. Pool OF Palm Beach, Inc. v. Walsh
  508 So. 2d 453· Fla. 4th DCA· 1987-05-27
  A trial court does not abuse its discretion by admitting testimony contradicting prior interrogatory answers when the court considers such answers as prior inconsistent statements rather than striking the testimony, particularly where the party challenging the testimony does not
• Isais Garcia Torres v. State
  504 So. 2d 534· Fla. 1st DCA· 1987-04-01
  Garcia Torres was convicted of marijuana possession after police found marijuana and $12,500 cash in a vehicle where he was a passenger. He appeals challenging admission of similar fact evidence of a prior marijuana possession arrest and the state's comments on the cash, but the
• Linda J. Darnell (Rose) v. Dep't of Transp.
  807 F.2d 943· Fed. Cir.· 1986-11-26 ·via Harmful Error Standard
  The denial of a pretermination hearing, even if considered harmless error by the majority, violated petitioners' due process rights.
• Morgan v. State
  492 So. 2d 1072· Fla.· 1986-08-21
  The Florida Supreme Court held that Florida Rule of Criminal Procedure 3.410 does not require the defendant's presence when a judge responds to a jury's request for additional instructions, only that the prosecutor and defense counsel be notified. Although the trial court erred b
• Smith v. Off. OF Pers. Mgmt.
  784 F.2d 397· Fed. Cir.· 1986-02-20 ·via Harmless Error In Administrative Proceedings
  The court held that contentions of evidentiary insufficiency do not fall within the narrow exceptions to the bar on judicial review of factual underpinnings in employee disability retirement cases.