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

• Thurman v. United States
  316 F.2d 205· 9th Cir.· 1963-04-16 ·cited 30×
  The court held that it was error to allow cross-examination questions suggesting criminal conduct not resulting in conviction, and that such error was not harmless.
• United States v. Apuzzo
  245 F.2d 416· 2d Cir.· 1957-05-28 ·cited 30×
  The court held that while the admission of a prior arrest was error, it was cured by the trial judge's instructions and did not require reversal.
• Shelton v. United States
  169 F.2d 665· D.C. Cir.· 1948-05-24 ·cited 30×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the appellant's numerous asserted errors, when considered individually or in aggregate, did not constitute prejudicial error denying him a fair trial.
• Reynolds v. State
  251 So. 3d 811· Fla.· 2018-04-05 ·cited 29×·via Harmless Error Review
  Michael Reynolds challenged his death sentences under the Sixth and Eighth Amendments following Hurst v. State, arguing that jury instructions failed to require unanimous findings on aggravating factors and sufficient grounds for death. The Florida Supreme Court affirmed the deni
• Amos v. State
  618 So. 2d 157· Fla.· 1993-03-18 ·cited 29×
  Vernon Amos appeals his convictions for two counts of first-degree murder, attempted murder, robbery, and assault, and his death sentence. The Florida Supreme Court reverses and remands for a new trial, finding that multiple trial errors—including denial of attorney consultation
• Hosper v. State
  513 So. 2d 234· Fla. 3d DCA· 1987-09-29 ·cited 29×
  Daniel Hosper was convicted of trafficking in cocaine after trial testimony in which he admitted possessing marijuana to explain his nervous behavior at the time of arrest. The prosecution improperly questioned why he had not made this exculpatory statement earlier, effectively c
• Francis v. State
  473 So. 2d 672· Fla.· 1985-06-20 ·cited 29×·via Harmless Error Standard
  Bobby Marion Francis was convicted of first-degree murder and sentenced to death for the brutal killing of Titus Walters, a confidential informant in a drug investigation. The Florida Supreme Court affirmed both the conviction and death sentence, finding the evidence overwhelming
• United States v. Baynes
  687 F.2d 659· 3d Cir.· 1982-08-11 ·cited 29×·via Harmless Error Standard
  The court held that trial counsel's failure to investigate potentially exculpatory voice exemplar evidence constituted ineffective assistance of counsel, and that prejudice must be shown for habeas relief.
• Eston E. Anderson v. State
  780 So. 2d 1012· Fla. 4th DCA· 2001-03-28 ·cited 28×
  The Fourth District Court of Appeal reversed Anderson's conviction for felony fleeing or eluding a law enforcement officer because the jury instruction erroneously included an element not found in the statute—that the defendant fled "after having stopped." The court held that whi
• State v. Franklin
  618 So. 2d 171· Fla.· 1993-03-25 ·cited 28×
  The Florida Supreme Court answered a certified question of great public importance regarding whether a trial court commits per se reversible error by providing the jury with complete written instructions without notice to counsel when the jury requests only a specific portion of
• United States v. Yerks
  918 F.2d 1371· 8th Cir.· 1990-11-21 ·cited 28×·via Harmless Error Analysis In Sentencing
  The court affirmed the conviction and sentence, holding that the district court did not err in admitting other crimes evidence, denying a motion for acquittal, or applying the Sentencing Guidelines.
• United States v. Pinto
  850 F.2d 927· 2d Cir.· 1988-06-23 ·cited 28×·via Harmless Error Standard
  The court affirmed convictions, finding that while prosecutorial tactics were concerning and potentially improper, they did not rise to the level of reversible error or substantial prejudice to the defendants.
• United States v. Widgery
  778 F.2d 325· 7th Cir.· 1985-11-25 ·cited 28×·via Harmless Error Standard
  A judge's ex parte communication with the jury, even if violating procedural rules, is only reversible error if it affects the defendant's substantial rights and is not harmless.
• State v. Burch
  476 So. 2d 663· Fla.· 1985-09-26 ·cited 28×
• Josephs v. Harris Corp.
  677 F.2d 985· 3d Cir.· 1982-05-13 ·cited 28×·via Federal Rule Of Civil Procedure 61 (Harmless Error)
  The court held that the trial court erred by limiting evidence of a product's defectiveness to the date of manufacture rather than the date of sale, and that this error was prejudicial, requiring a new trial.
• Clark v. Blackburn
  632 F.2d 531· 5th Cir.· 1980-12-10 ·cited 28×·via Harmless Error Standard
  The court held that the government's deliberate concealment of a material eyewitness, who later testified in a manner exculpating the petitioner, constituted a deprivation of due process that was not harmless beyond a reasonable doubt.
• United States v. Harald Olav Nyman
  649 F.2d 208· 4th Cir.· 1980-10-17 ·cited 28×
  The court held that the trial court erred in refusing to allow the testimony of a law clerk/investigator for the purpose of impeaching government witnesses, and this error was prejudicial.
• United States v. Passaro
  624 F.2d 938· 9th Cir.· 1980-08-04 ·cited 28×·via Harmless Error Standard
  The court held that the prosecutor's comments on the defendant's failure to present exculpatory evidence were proper, the search of the defendant's wallet incident to arrest was lawful, and any potential Fifth Amendment violation from a single ambiguous prosecutorial comment was
• United States v. Aponte
  591 F.2d 1247· 9th Cir.· 1978-09-07 ·cited 28×
  The court held that the defendant's waiver of counsel was knowing and intelligent, and even if it were not, the error was harmless due to effective assistance from appointed counsel.
• Pub. Health Found. FOR Cancer & Blood Pressure Research, Inc. v. Cole
  352 So. 2d 877· Fla. 4th DCA· 1977-11-09 ·cited 28×
  This negligence case involves a plaintiff who was paralyzed after diving off a seawall at a recreation area owned by the defendants during low tide when water depths were dangerously shallow. The appellate court affirmed a $600,000 jury verdict for the plaintiff, rejecting the de
• Kelsey v. State OF Minn.
  565 F.2d 503· 8th Cir.· 1977-11-08 ·cited 28×
  The court held that claims seeking speedier release must be dismissed for failure to exhaust state remedies, but damage claims under 42 U.S.C. § 1983 can proceed, and the denial of the motion to amend the complaint was proper due to untimeliness.
• United States v. Huntley
  535 F.2d 1400· 5th Cir.· 1976-07-29 ·cited 28×·via Harmless Error Standard
  The court held that the defendants' absence during the rendition of judgment was a harmless error, and that the evidence was sufficient to convict them of interstate transportation of falsely made securities.
• Lebowitz v. State
  313 So. 2d 473· Fla. 3d DCA· 1975-05-27 ·cited 28×
  Walter Lebowitz, an attorney, was convicted of receiving stolen property—a purse worth approximately $200 that his client George Foley allegedly stole from Neiman-Marcus. Lebowitz appealed on multiple grounds, including claims that cross-examination violated his Fifth Amendment r
• The United States v. Eloy Baca
  494 F.2d 424· 10th Cir.· 1974-04-11 ·cited 28×
  The court held that the trial court did not err in denying a bill of particulars, refusing to disclose an informer's identity prior to trial, or in excusing a juror mid-trial. The defendant's absence from an in camera discussion regarding the juror's excusal was not prejudicial.
• United States ex rel. Carlos Ortiz v. Fritz
  476 F.2d 37· 2d Cir.· 1973-03-26 ·cited 28×·via Harmless Constitutional Error
  The court affirmed the denial of the habeas corpus petition, holding that under circuit precedent, Bruton v. United States does not apply when codefendants' confessions interlock.
• United States v. Marder
  474 F.2d 1192· 5th Cir.· 1973-02-07 ·cited 28×·via Harmless Error Standard
  The court held that even if a witness's identity was discovered through an illegal wiretap, their testimony is admissible if the government can show the identity came from an independent source or the connection is sufficiently attenuated, and its admission was harmless error giv
• United States v. O'Dell
  462 F.2d 224· 6th Cir.· 1972-06-16 ·cited 28×
  The court held that the trial court's jury instructions, which equated violations of state procedural rules with violations of federal constitutional rights, were erroneous and prejudicial, requiring a new trial.
• United States v. Bailey
  458 F.2d 408· 9th Cir.· 1972-03-21 ·cited 28×·via Harmless Error Rule (Chapman V. California)
  The dissenting judge would affirm the judgment, finding both the automobile and home searches valid.
• United States v. Wick
  416 F.2d 61· 7th Cir.· 1969-08-19 ·cited 28×·via Harmless Error Standard
  The court held that while admitting evidence of the defendant's silence during interrogation was error, it was harmless beyond a reasonable doubt given the overwhelming evidence. The court also held that giving a jury instruction regarding the defendant's right not to testify was
• Wade v. United States
  358 F.2d 557· D.C. Cir.· 1966-03-31 ·cited 28×
  A lineup conducted without the defendant's counsel, requiring him to speak words for identification purposes, violates the Sixth Amendment right to counsel at a critical stage of the prosecution.
• Cherington v. State
  24 So. 3d 658· Fla. 2d DCA· 2009-12-11 ·cited 27×·via Harmless Error Standard
  Charles Lyn Cherington appeals the revocation of his probation and his sentence. The court affirms the probation revocation but strikes the finding regarding one violated condition due to insufficient evidence, and reverses the sentence due to an erroneous scoresheet that incorre
• Solomon Willis v. State
  840 So. 2d 1135· Fla. 4th DCA· 2003-03-26 ·cited 27×·via Harmless Error Standard
  The Florida District Court of Appeal, Fourth District, reversed the summary denial of a postconviction relief motion. The court found that the appellant's claim of ineffective assistance of counsel, based on the failure to instruct the jury on a lesser-included offense, was facia
• Reyes v. State
  580 So. 2d 309· Fla. 3d DCA· 1991-05-28 ·cited 27×
  The court held that the admission of prior consistent statements and testimony bolstering the victim's credibility constituted reversible error.
• Moore v. State
  530 So. 2d 61· Fla. 1st DCA· 1988-04-06 ·cited 27×
  James Henry Moore appeals his conviction for aggravated child abuse of his 17-year-old daughter. The appellate court affirmed his conviction but reversed and remanded for resentencing, finding error in the trial court's admission of pretrial exculpatory statements (though harmles
• United States v. Habib Georges Makhlouta
  790 F.2d 1400· 9th Cir.· 1986-06-02 ·cited 27×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that the prosecutor's exploitation of the defendant's post-arrest silence regarding entrapment violated the Due Process Clause and constituted plain error.
• Brinson v. State
  483 So. 2d 13· Fla. 1st DCA· 1985-11-20 ·cited 27×
  The court held that the evidence was insufficient to support kidnapping convictions and that a departure sentence was improper without an affirmative election for guidelines sentencing.
• Essie R. McDANIEL v. Temple Indep. Sch. Dist.
  770 F.2d 1340· 5th Cir.· 1985-09-16 ·cited 27×
  The dissenting judge believes the trial court erred by not disclosing damaging statements made by the client's attorney to the judge, and that this error was not harmless.
• Bowen v. Kemp
  769 F.2d 672· 11th Cir.· 1985-08-06 ·cited 27×
  The petitioner lacks standing to assert an Equal Protection claim based on the underrepresentation of women on the jury pool, as he is not a member of the underrepresented group.
• Skiskowski v. United States
  158 F.2d 177· D.C. Cir.· 1946-10-21 ·cited 27×
  The admission of an FBI agent's testimony regarding a statement made by an alleged co-conspirator, which implicated the defendant, was inadmissible hearsay and prejudicial error.
• Garrison v. United States
  73 F.4th 1354· 11th Cir.· 2023-07-13 ·cited 26×·via Harmless Error Review
  A Stromberg error occurred because the jury returned a general verdict and one predicate offense was invalid, but the error was harmless because the conviction was based on valid predicate offenses.
• State v. Gwenda Jean Lemon
  825 So. 2d 927· Fla.· 2002-06-06 ·cited 26×
  The Florida Supreme Court resolved a conflict among district courts regarding when a defendant is "adversely affected" by the 1995 sentencing guidelines amendments invalidated in Heggs v. State. The Court held that a defendant sentenced to an upward departure is not adversely aff
• Denzil Williams v. State
  736 So. 2d 699· Fla. 4th DCA· 1999-04-14 ·cited 26×
  Denzil Williams appeals his conviction for first-degree murder and related charges, arguing that the trial court violated his Sixth Amendment right to a public trial by excluding his family members from the courtroom during jury selection (voir dire). The Florida appellate court
• United States v. Short
  947 F.2d 1445· 10th Cir.· 1991-10-31 ·cited 26×·via Harmless Error Standard
  The court held that the defendant's incriminating statements were voluntary and admissible, and that the admission of his prior drug conviction, even if potentially improper, did not constitute reversible error.
• Vosburg v. Solem
  845 F.2d 763· 8th Cir.· 1988-04-27 ·cited 26×
  The Eighth Circuit affirmed the jury's verdict awarding the plaintiff $10,000 on his section 1983 claim, finding sufficient evidence that prison officials acted with reckless disregard of the plaintiff's right to protection from sexual assault. The court also affirmed the award o
• United States v. Peterson
  808 F.2d 969· 2d Cir.· 1987-01-06 ·cited 26×
  The court held that the admission of the 'Williams check' evidence was an abuse of discretion because its probative value for knowledge and credibility was substantially outweighed by its potential for prejudice, and the error was not harmless.
• Devine v. R.A. Sutermeister
  724 F.2d 1558· Fed. Cir.· 1983-12-14 ·cited 26×·via Harmful Error Standard
  An arbitrator's award mitigating an employee's removal for falsification to a suspension is valid, even if the appointment was obtained through misrepresentation, and the arbitrator is not strictly bound by MSPB precedents.
• United States v. Bostic
  713 F.2d 401· 8th Cir.· 1983-08-08 ·cited 26×·via Fed.R.Crim.P. 52(A) (Harmless Error)
  The court held that while severance should have been granted due to mutually antagonistic defenses, the denial was harmless error because the overwhelming evidence of guilt would have led to the same guilty verdicts. The admission of testimony regarding the robbers' race based on
• United States Fid. & Guar. Co. v. Jadranska Slobodna Plovidba
  683 F.2d 1022· 7th Cir.· 1982-05-28 ·cited 26×·via Federal Rule Of Civil Procedure 61 (Harmless Error)
  The court held that the jury's finding of no negligence by the shipowner was reasonable, and that the jury instructions, while potentially abstract, were not prejudicial.
• Nelson v. Scully
  672 F.2d 266· 2d Cir.· 1982-01-28 ·cited 26×
  The court held that a jury instruction on the presumption of intent, when viewed in the context of the entire charge which emphasized the presumption of innocence and the state's burden to prove specific intent beyond a reasonable doubt, did not violate due process.
• Pacelli v. United States
  588 F.2d 360· 2d Cir.· 1978-12-05 ·cited 26×·via Harmless Error Standard
  The court held that while the petitioner raised a constitutional claim regarding "spillover" prejudice from a double jeopardy-barred conspiracy charge, he failed to demonstrate actual prejudice, and therefore the denial of his motion to vacate the substantive convictions is affir