Harmless Error Standard

411 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Traylor v. State
  596 So. 2d 957· Fla.· 1992-01-16 ·cited 651×
  The Florida Supreme Court addressed whether confessions obtained during police interrogation violated the state constitutional rights against self-incrimination and to counsel, ultimately finding the Alabama confession was unlawfully obtained but the error was harmless, while app
• Malcus T. Clemons v. United States
  408 F.2d 1230· D.C. Cir.· 1968-12-06 ·cited 266×
• United States v. Dayton
  604 F.2d 931· 5th Cir.· 1979-10-18 ·cited 213×
  Failure to strictly comply with Rule 11 does not automatically require vacating a guilty plea, and a harmless error standard should be applied to deviations from the rule.
• State v. Anderson
  905 So. 2d 111· Fla.· 2005-06-16 ·cited 199×
  The Florida Supreme Court resolved a conflict between district courts regarding the appropriate harmless error standard for scoresheet calculation errors raised in post-conviction motions under Florida Rule of Criminal Procedure 3.850. The Court held that the "would-have-been-imp
• Special v. W. Boca Med. Ctr.
  160 So. 3d 1251· Fla.· 2014-11-13 ·cited 194×
  The Florida Supreme Court clarified the test for harmless error in civil appeals, holding that the beneficiary of an error must prove there is no reasonable possibility the error contributed to the verdict. Applying this test, the Court reversed a medical malpractice judgment and
• Hittson v. GDCP Warden
  759 F.3d 1210· 11th Cir.· 2014-07-09 ·cited 193×
  The concurrence agrees with the majority that the Georgia Superior Court's application of the Brecht harmless-error standard, rather than the Chapman standard, on state collateral review is irrelevant to federal habeas relief under AEDPA. The concurrence emphasizes that AEDPA req
• Salazar v. State
  991 So. 2d 364· Fla.· 2008-07-10 ·cited 190×
  Neil Salazar appeals his conviction and death sentence for the first-degree murder of Evelyn Nutter. The Florida Supreme Court affirmed both the conviction and sentence, finding that Salazar was the mastermind behind a brutal home invasion and murder carried out by accomplice Jul
• McArthur Breedlove v. State
  413 So. 2d 1· Fla.· 1982-03-04 ·cited 178×
  McArthur Breedlove was convicted of first-degree murder, burglary, and theft arising from a home invasion and stabbing death, and sentenced to death. The Florida Supreme Court affirmed his conviction and death sentence, rejecting challenges based on Brady violations, suppression
• Duest v. Dugger
  555 So. 2d 849· Fla.· 1990-01-18 ·cited 172×
  Lloyd Duest was convicted of first-degree murder and sentenced to death. The Florida Supreme Court reviewed his petition for habeas corpus and appeal from denial of postconviction relief, rejecting his claims that undisclosed evidence, a vacated prior conviction, and ineffective
• COX v. State
  819 So. 2d 705· Fla.· 2002-05-23 ·cited 146×
  Allen Ward Cox was convicted of first-degree murder and sentenced to death for stabbing inmate Thomas Baker to death in a prison facility after accusing Baker of stealing $500 from his footlocker. The Florida Supreme Court affirmed Cox's conviction and death sentence, rejecting t
• Busby v. State
  894 So. 2d 88· Fla.· 2004-11-04 ·cited 127×
  Andrew Busby appeals his conviction for first-degree murder and death sentence. The Florida Supreme Court reversed the conviction and vacated the sentence due to reversible error in the trial court's denial of a challenge for cause against juror Kim Lapan, a former death row corr
• Duest v. State
  855 So. 2d 33· Fla.· 2003-06-26 ·cited 127×
  Duest appeals a death sentence reimposed after the previous death sentence was vacated due to a defective prior conviction aggravator. The Florida Supreme Court affirms the death sentence, holding that the trial court properly instructed the jury on aggravating circumstances, pro
• United States v. Mohammad Reza Mehrmanesh
  689 F.2d 822· 9th Cir.· 1982-10-05 ·cited 108×
  The court held that the Speedy Trial Act sanctions for arrest-to-indictment delay do not apply because the defendant was arrested before the effective date of the sanctions, and that the admission of certain prior bad acts evidence was either admissible or harmless error.
• United States v. Georgalis
  631 F.2d 1199· 5th Cir.· 1980-12-03 ·cited 85×
  The court held that while a prosecutor's improper questioning about a non-existent conviction was error, it was harmless given the strength of the evidence and corrective instructions; however, mail fraud was not proven for two counts where the mailed letters were not in furthera
• United States v. Ruffin
  575 F.2d 346· 2d Cir.· 1978-02-27 ·cited 84×
  The court held that the government's failure to issue "target" warnings did not vitiate convictions, and evidence was sufficient for corporate tax evasion convictions. However, one conviction for personal income tax evasion was reversed due to inadmissible hearsay testimony.
• Alastair Kyle v. United States
  297 F.2d 507· 2d Cir.· 1961-11-29 ·cited 83×
  The court held that new facts alleged in a second § 2255 motion, suggesting the government suppressed crucial correspondence, warranted an evidentiary hearing despite prior unsuccessful appeals.
• Franqui v. State
  Fla.· 1997-06-26 ·cited 81×
  Leonardo Franqui was convicted of first-degree murder and other crimes in connection with an attempted armed robbery that resulted in the death of Raul Lopez. The Florida Supreme Court affirmed his convictions and death sentence, finding that while the trial court erred in admitt
• Ciccarelli v. State
  531 So. 2d 129· Fla.· 1988-09-08 ·cited 79×
  The Florida Supreme Court addressed whether appellate judges must independently read the complete trial record when evaluating harmless error claims in criminal appeals. The Court held that each appellate judge has a personal responsibility to examine the entire trial record, and
• Curtis v. State
  480 So. 2d 1277· Fla.· 1985-09-26 ·cited 79×
  Curtis was convicted of aggravated assault with a deadly weapon after the trial judge responded to jury questions during deliberations without following Florida Rule of Criminal Procedure 3.410, which requires the prosecutor and defense counsel to be present. The Florida Supreme
• United States v. Odell Marshall
  526 F.2d 1349· 9th Cir.· 1975-10-31 ·cited 78×
  The court held that the district court did not err in denying motions to enjoin tax levies, for return of property, for dismissal or alternative funds, for extensive discovery, to suppress evidence seized incident to arrest, or to disclose informant identities, and that the searc
• Snelgrove v. State
  921 So. 2d 560· Fla.· 2005-11-10 ·cited 77×
  David Snelgrove was convicted of two counts of first-degree murder and other crimes and sentenced to death. The Florida Supreme Court affirmed the guilt-phase convictions but reversed the death sentences because the jury rendered a single, undifferentiated advisory sentence rathe
• State v. LEE
  531 So. 2d 133· Fla.· 1988-09-01 ·cited 76×
  The Florida Supreme Court held that erroneous admission of evidence regarding collateral crimes requires reversal when the state fails to demonstrate beyond a reasonable doubt that the error did not affect the jury verdict, even if other evidence of guilt is overwhelming. The Cou
• Flanagan v. State
  586 So. 2d 1085· Fla. 1st DCA· 1991-07-19 ·cited 70×
  Dennis Flanagan was convicted of sexually battering his mentally retarded 9-year-old daughter and sentenced to life imprisonment. This appeal challenges the admission of the child victim's statements to her examining physician regarding her father's identity as the abuser, expert
• Tejeda-Mata v. Immigr. & Naturalization Serv.
  626 F.2d 721· 9th Cir.· 1980-08-29 ·cited 66×
  The denial of an interpreter in a deportation proceeding, which prevents an alien from understanding the proceedings, is a fundamental due process violation that cannot be reviewed for harmless error and was indeed harmful in this case.
• United States v. Jennings
  527 F.2d 862· 5th Cir.· 1976-02-26 ·cited 66×
  The court held that while the trial court erred in failing to give a cautionary instruction regarding co-conspirator hearsay testimony, this error was harmless beyond a reasonable doubt due to the overwhelming evidence of the defendants' guilt.
• United States v. Lopez
  575 F.2d 681· 9th Cir.· 1978-01-23 ·cited 63×
  The dissenting judge argues that prosecutorial comment on the defendant's silence was not harmless error and, combined with other trial errors, denied the defendant a fair trial.
• Poole v. State
  997 So. 2d 382· Fla.· 2008-12-11 ·cited 60×
  Mark Anthony Poole was convicted of first-degree murder, attempted first-degree murder, armed burglary, sexual battery, and armed robbery. The Florida Supreme Court affirmed his convictions but vacated his death sentence and remanded for a new penalty phase proceeding due to pros
• Forman v. Smith
  633 F.2d 634· 2d Cir.· 1980-10-08 ·cited 60×
  The court held that the Wainwright v. Sykes 'cause and prejudice' standard applies to constitutional claims omitted from a direct appeal, and that the petitioner failed to demonstrate sufficient cause or prejudice.
• United States v. Lomas
  706 F.2d 886· 9th Cir.· 1983-04-12 ·cited 58×
  The court should not extend United States v. Allard, 634 F.2d 1182 (9th Cir.1980) to the facts of this case because the government initiated the warrant process before securing the room, distinguishing it from Allard II.
• United States v. Goldberg
  582 F.2d 483· 9th Cir.· 1978-09-21 ·cited 58×
  The court held that the district court's findings on Jencks Act and Brady material were not clearly erroneous, affirming most of the conviction, but reversed the conviction on Count 10 for insufficiency of evidence.
• United States v. Doerr
  886 F.2d 944· 7th Cir.· 1989-10-03 ·cited 57×
  The court held that the improper admission of certain coconspirator statements was harmless error, and the admission of grand jury testimony under the catch-all hearsay exception was proper. The court affirmed all convictions.
• United States v. Semensohn
  421 F.2d 1206· 2d Cir.· 1970-02-06 ·cited 55×
  The court held that improper questioning of the defendant regarding a prior conviction and his silence with the FBI, even with curative instructions, created cumulative prejudice denying him a fair trial.
• In re the Application of Gary James Collins for a Writ of Habeas Corpus. Gary James Collins v. Auger
  577 F.2d 1107· 8th Cir.· 1978-05-08 ·cited 54×
  The court held that the admission of the petitioner's confession, obtained during a court-ordered psychiatric evaluation for competency, violated his due process rights and warranted habeas corpus relief.
• United States v. Errol B. Resnick
  483 F.2d 354· 5th Cir.· 1973-06-04 ·cited 54×
  The court affirmed the conviction and sentence, finding that while the admission of one witness's testimony was erroneous, it was harmless error, and other challenges lacked merit.
• Cardona v. State
  185 So. 3d 514· Fla.· 2016-02-18 ·cited 53×
  Ana Maria Cardona was convicted of first-degree murder and aggravated child abuse of her three-year-old son and sentenced to death. The Florida Supreme Court reversed and remanded for a new trial based on the prosecutor's pervasive and improper closing arguments, particularly rep
• McQUEENEY v. Wilmington Tr. Co.
  779 F.2d 916· 3d Cir.· 1985-12-26 ·cited 53×
  The court held that evidence of subornation of perjury is relevant under Rule 401 and, absent substantial unfair prejudice, admissible under Rule 403, and that the standard for harmless error review in civil cases is the same as in criminal cases ('highly probable' the error did
• Bisaccia v. The Attorney Gen. of the State of N.J.
  623 F.2d 307· 3d Cir.· 1980-06-12 ·cited 52×
  The court held that using a co-conspirator's guilty plea as evidence of a defendant's guilt violates the Sixth Amendment right to confrontation.
• Eberhardt v. Bordenkircher
  605 F.2d 275· 6th Cir.· 1979-09-10 ·cited 51×
  A prosecutor's comment on a defendant's failure to testify, even if brief, is not harmless error if the evidence is not overwhelming and the trial contained other substantial errors.
• United States v. Endicott
  803 F.2d 506· 9th Cir.· 1986-10-27 ·cited 49×
  The court held that inflammatory references to political assassination and murder by a prosecutor in closing arguments, when evidence is not overwhelming and corrective action is mild, constitute prosecutorial misconduct that can deny a fair trial.
• United States v. Thornbrugh
  962 F.2d 1438· 10th Cir.· 1992-04-13 ·cited 48×
  The court held that while the convictions were supported by sufficient evidence and no individual error warranted reversal, the sentence was improperly enhanced under 18 U.S.C. § 924(c)(1).
• Seabrooks v. United States
  32 F.4th 1375· 11th Cir.· 2022-05-06 ·cited 47×
  The Eleventh Circuit held that the Supreme Court's decision in Rehaif v. United States applies retroactively to initial § 2255 motions, and the district court's error in giving an aiding and abetting instruction without proof of knowledge of the co-defendant's felon status was no
• United States v. Arvanitis
  902 F.2d 489· 7th Cir.· 1990-05-03 ·cited 46×
  The court held that a mere inaccurate prediction of sentencing by counsel does not constitute ineffective assistance, but remanded restitution orders where legal fees were improperly included or where causation of loss was not established.
• Sullivan v. State OF Ala.
  666 F.2d 478· 11th Cir.· 1982-01-22 ·cited 46×
  The court held that the admission of pre-Miranda statements was constitutional as they were voluntary, and post-Miranda statements were admissible due to a valid waiver, and prosecutorial comment on silence was harmless error.
• Puleio v. Vose
  830 F.2d 1197· 1st Cir.· 1987-10-09 ·cited 45×
  The court held that the appellant's claims were procedurally barred or lacked constitutional merit, affirming the district court's dismissal of the habeas corpus petition.
• Solina v. United States
  709 F.2d 160· 2d Cir.· 1983-06-03 ·cited 45×
  Representation by an unlicensed attorney, even if unknowingly, is a violation of the Sixth Amendment right to counsel that cannot be treated as harmless error.
• Clark v. Dugger
  834 F.2d 1561· 11th Cir.· 1987-12-15 ·cited 44×
  The court held that the trial court did not err in denying the defendant's request for a psychiatric expert because the defendant failed to make a preliminary showing that his sanity was a significant factor at trial. The court also found no constitutional violations regarding ju
• Wilson v. Hon. Robert J. Henderson
  584 F.2d 1185· 2d Cir.· 1978-09-20 ·cited 44×
  The court held that the detective's continued interrogation after the suspect invoked his right to remain silent violated Miranda and Massiah principles.
• United States v. Jasper Wycoff, Jr.
  545 F.2d 679· 9th Cir.· 1976-11-15 ·cited 44×
  The court held that while eliciting testimony about an arrestee's post-arrest silence and request for counsel was error, it was harmless beyond a reasonable doubt due to overwhelming evidence and prompt jury admonitions. The court also found that a change in jury instructions wit
• United States v. Guinn Dutton Hodges
  770 F.2d 1475· 9th Cir.· 1985-09-12 ·cited 42×
  The court held that the admission of evidence regarding the defendant's subsequent extortion attempt was reversible error because it was highly prejudicial and of slight probative value.
• United States v. Martin
  475 F.2d 943· D.C. Cir.· 1973-01-26 ·cited 40×
  The court held that while a jury instruction on the burden of proof for intoxication was erroneous, it did not affect substantial rights and was harmless error when considered with the entire charge and evidence.