Harmless Error Standard

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

• United States v. Elmore
  423 F.2d 775· 4th Cir.· 1970-03-16 ·cited 40×
  The court held that the admission of evidence was proper and that prosecutorial remarks, while intemperate, did not prejudice the defendant, thus affirming the conviction.
• Bennie E. Demps v. Dugger
  874 F.2d 1385· 11th Cir.· 1989-03-28 ·cited 38×
  The court held that the record was insufficient to determine if Hitchcock error was harmless, and thus, a remand for an evidentiary hearing was necessary.
• Grizzell v. Louie L. Wainwright
  692 F.2d 722· 11th Cir.· 1982-11-29 ·cited 38×
  The use of prior uncounseled felony convictions to impeach a defendant's credibility, when those convictions are constitutionally invalid, constitutes a due process violation that is not harmless error if there is a reasonable possibility that the evidence influenced the jury's a
• Steele v. Taylor
  684 F.2d 1193· 6th Cir.· 1982-07-28 ·cited 38×
  The dissenting judge believes the defendants were deprived of their Sixth Amendment right to confrontation due to the admission of double hearsay evidence, and that the waiver of this right was improperly found.
• Ware v. United States
  376 F.2d 717· 7th Cir.· 1967-05-01 ·cited 38×
  The court held that a defendant's absence during jury communication, while a procedural impropriety, does not automatically require reversal if the error is harmless beyond a reasonable doubt.
• United States v. Hughes A. Bagley
  641 F.2d 1235· 9th Cir.· 1981-01-30 ·cited 36×
  The court should have remanded for a new trial due to extrinsic evidence potentially affecting the jury's verdict.
• United States v. Liddy
  542 F.2d 76· D.C. Cir.· 1976-05-17 ·cited 36×
  The court affirmed the conviction, holding that the appellant's constitutional rights were not violated by the dismissal of a prior state prosecution, the application of 18 U.S.C. § 241, or the denial of a lesser included offense charge.
• United States v. Pravato
  505 F.2d 703· 2d Cir.· 1974-11-11 ·cited 36×
  The court held that the admission of a scrap of paper found in an open suitcase was harmless error, and affirmed the conviction but vacated the sentence on one count due to erroneous concurrent sentencing.
• Johnson v. State
  442 So. 2d 185· Fla.· 1983-11-17 ·cited 35×
  Larry Joe Johnson was convicted of first-degree murder and armed robbery in a capital case and sentenced to death. The Florida Supreme Court affirmed the conviction and death sentence, rejecting Johnson's challenges to the sheriff's dual role as both investigator and bailiff, the
• Thomas v. Savage
  513 F.2d 536· 5th Cir.· 1975-05-23 ·cited 35×
  The court held that the introduction of a prior uncounseled misdemeanor conviction at the punishment stage of a felony trial, even if constitutionally invalid, can be harmless error if the state proves beyond a reasonable doubt that it did not affect the sentence imposed.
• Williams v. State
  863 So. 2d 1189· Fla.· 2003-12-11 ·cited 34×
  The Florida Supreme Court quashed and remanded the Third District Court of Appeal's decision because that court applied an incorrect harmless error standard in reviewing a trial court error in Williams's criminal conviction. The Supreme Court reaffirmed that appellate courts must
• Murray v. State
  838 So. 2d 1073· Fla.· 2002-10-03 ·cited 34×
  Gerald Murray was convicted of the 1990 first-degree murder of Alice Vest and sentenced to death. The Florida Supreme Court reversed his convictions and vacated his sentence, finding that the trial court improperly admitted DNA evidence that failed to meet Frye standards for reli
• Thomas v. Kemp
  796 F.2d 1322· 11th Cir.· 1986-07-28 ·cited 34×
  The court held that the district court properly granted habeas corpus relief based on ineffective assistance of counsel at the sentencing phase due to failure to present mitigating evidence.
• United States v. Windfelder
  790 F.2d 576· 7th Cir.· 1986-05-07 ·cited 34×
  The court held that the trial court did not err in admitting expert testimony regarding the defendant's intentions and Lauretta Windfelder's intent, nor did it err in its jury instructions, and any error in admitting testimony about the defendant's intent was harmless.
• United States v. KEY
  725 F.2d 1123· 7th Cir.· 1984-01-18 ·cited 34×
  The admission of a non-testifying co-defendant's confession that directly incriminated the appellant and was vital to the government's case violated the appellant's Sixth Amendment right to confrontation, constituting plain error.
• United States v. Winston
  447 F.2d 1236· D.C. Cir.· 1971-06-30 ·cited 34×
  The court held that the trial court did not err in admitting rebuttal testimony concerning a pretrial identification, as the defense had opened the door by raising the issue of the confrontation.
• YAM Sang Kwai v. Immigr. & Naturalization Serv.
  411 F.2d 683· D.C. Cir.· 1969-02-17 ·cited 34×
  The court affirmed the deportation order, finding that the appellant was not subjected to an unreasonable seizure under the Fourth Amendment.
• Melton v. State
  949 So. 2d 994· Fla.· 2006-11-30 ·cited 33×
  Antonio Melton appeals the denial of his Rule 3.850 motion seeking postconviction relief and petitions for a writ of habeas corpus in this Florida capital case. Melton was convicted of first-degree felony murder and armed robbery in the death of George Carter during a pawn shop r
• United States v. Rollie Blankenship
  746 F.2d 233· 5th Cir.· 1984-10-29 ·cited 33×
  The court held that the evidence was sufficient to support the mail fraud conviction, the jury instructions were not plainly erroneous, and the cross-examination regarding the defendant's silence was permissible.
• United States v. Rowan
  518 F.2d 685· 6th Cir.· 1975-07-11 ·cited 33×
  The court affirmed convictions, finding no reversible error in evidentiary rulings, jury procedures, or jury instructions, and holding that any errors were harmless beyond a reasonable doubt.
• United States ex rel. Charles "Chuck" Miller v. Greer
  789 F.2d 438· 7th Cir.· 1986-04-09 ·cited 32×
  The court should affirm the district court's judgment because the prosecutor's improper inquiry did not affect the verdict and was harmless error.
• United States v. Osban Caston
  615 F.2d 1111· 5th Cir.· 1980-04-24 ·cited 32×
  The court held that minor omissions in advising a defendant of rights before accepting a guilty plea, and imposing consecutive sentences for distinct statutory violations, do not warrant reversal if the errors are harmless.
• Green v. Loggins
  614 F.2d 219· 9th Cir.· 1980-02-25 ·cited 32×
  An accidental pre-trial encounter between an accused and a witness can support a federal habeas corpus claim if the encounter was unnecessarily suggestive and undermined the reliability of the subsequent identification.
• United States v. Bettencourt
  614 F.2d 214· 9th Cir.· 1980-02-22 ·cited 32×
  The court held that the erroneous admission of evidence concerning a prior expunged arrest was harmless error given the overwhelming evidence of guilt, and that the jury instructions correctly tracked the statutory language.
• United States v. Cavender
  578 F.2d 528· 4th Cir.· 1978-06-07 ·cited 32×
  The court held that Federal Rule of Evidence 609(b) requires a district court to make specific findings, supported by articulated facts and circumstances, that the probative value of a conviction more than ten years old substantially outweighs its prejudicial effect before admitt
• Egger v. United States
  509 F.2d 745· 9th Cir.· 1975-01-02 ·cited 32×
  The court held that a defendant's failure to object to alleged constitutional errors at trial generally waives the right to raise them in a collateral attack, unless the errors are so fundamental as to deny a fair trial.
• Creech v. A.J. Arave
  947 F.2d 873· 9th Cir.· 1991-03-27 ·cited 31×
  The panel erred in holding that Idaho's statutory aggravating factor of 'utter disregard for human life' is unconstitutionally vague, failing to give adequate deference to the Idaho Supreme Court's limiting construction.
• Brooks v. State
  930 So. 2d 835· Fla. 4th DCA· 2006-06-07 ·cited 30×
  Brooks appealed a sentencing scoresheet that erroneously classified his primary conviction as armed carjacking instead of carjacking without a firearm, adding 36 points and increasing the minimum sentence from 39.3 to 66.3 months. The Fourth District affirmed the 10-year sentence
• United States v. Colonia
  870 F.2d 1319· 7th Cir.· 1989-03-23 ·cited 30×
  The court held that the defendants' arrests and searches were based on probable cause, their consent to search was voluntary, and their convictions were not affected by minor discrepancies in the indictment language or potential attorney conflicts of interest.
• United States v. Price
  577 F.2d 1356· 9th Cir.· 1978-03-09 ·cited 30×
  The court held that erroneous limitation of cross-examination is not per se reversible error, but is tested by the harmless error standard. The information sought by cross-examination was adequately presented to the jury through other means.
• United States v. Christian
  571 F.2d 64· 1st Cir.· 1978-02-23 ·cited 30×
  The court held that the appellant's statement made during custodial interrogation should have been suppressed because he did not validly waive his Fifth Amendment rights, as evidenced by his signature placement on the waiver form. The court reversed the conviction and remanded fo
• United States v. Flemming Anderson
  498 F.2d 1038· D.C. Cir.· 1974-05-21 ·cited 30×
  The court held that the prosecutor's cross-examination of a defendant regarding his silence at the time of arrest, after being informed of his right to remain silent, was constitutionally impermissible and prejudicial error. However, a co-defendant's conviction was affirmed as hi
• Francis v. State
  473 So. 2d 672· Fla.· 1985-06-20 ·cited 29×
  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×
  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.
• United States v. Pinto
  850 F.2d 927· 2d Cir.· 1988-06-23 ·cited 28×
  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×
  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.
• Clark v. Blackburn
  632 F.2d 531· 5th Cir.· 1980-12-10 ·cited 28×
  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. Passaro
  624 F.2d 938· 9th Cir.· 1980-08-04 ·cited 28×
  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. Huntley
  535 F.2d 1400· 5th Cir.· 1976-07-29 ·cited 28×
  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.
• United States v. Marder
  474 F.2d 1192· 5th Cir.· 1973-02-07 ·cited 28×
  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. Wick
  416 F.2d 61· 7th Cir.· 1969-08-19 ·cited 28×
  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
• Cherington v. State
  24 So. 3d 658· Fla. 2d DCA· 2009-12-11 ·cited 27×
  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×
  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
• United States v. Short
  947 F.2d 1445· 10th Cir.· 1991-10-31 ·cited 26×
  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.
• Pacelli v. United States
  588 F.2d 360· 2d Cir.· 1978-12-05 ·cited 26×
  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
• Morgan v. Hall
  569 F.2d 1161· 1st Cir.· 1978-01-26 ·cited 26×
  The court held that the prosecutor's improper questioning of the defendant about his post-arrest silence was not harmless error beyond a reasonable doubt, requiring the issuance of a writ of habeas corpus.
• United States v. Jacques Berenguer
  562 F.2d 206· 2d Cir.· 1977-09-22 ·cited 26×
  The court held that while the admission of testimony concerning currency seized following a warrantless arrest was error, it was harmless beyond a reasonable doubt given the overwhelming evidence of guilt.
• United States v. James
  432 F.2d 303· 5th Cir.· 1970-10-02 ·cited 26×
• Lockhart v. Westinghouse Credit Corp.
  879 F.2d 43· 3d Cir.· 1989-06-13 ·cited 24×
  The dissenting judge would reverse the judgment in favor of the plaintiff, arguing that numerous errors committed by the district court, particularly the improper joinder of plaintiffs and erroneous jury instructions, were not harmless and prejudiced the defendant. The dissent co
• United States v. Tucker
  716 F.2d 576· 9th Cir.· 1983-09-07 ·cited 24×
  The court held that the defendant was denied his Sixth Amendment right to effective assistance of counsel due to his attorney's incompetence, which prejudiced his defense.