Harmless Error Standard

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

• Wilson v. Estelle
  625 F.2d 1158· 5th Cir.· 1980-09-15 ·cited 24×
  The admission of evidence of prior uncounseled misdemeanor convictions, where no imprisonment was imposed, is permissible and any error from a conviction where a short sentence was imposed was harmless.
• United States v. Spinks
  470 F.2d 64· 7th Cir.· 1972-08-01 ·cited 24×
  The court held that admitting a co-defendant's confession implicating the defendant was permissible when the defendant also provided a substantially similar confession, and that denying the defendant's request to show surveillance films during closing arguments was not an abuse o
• United States v. Johnson
  439 F.2d 885· 5th Cir.· 1971-03-16 ·cited 24×
  The court held that the admission of inadmissible hearsay testimony regarding an informant's statements was prejudicial error requiring reversal of Johnson's conviction, but affirmed Golub's conviction due to sufficient evidence and lack of reliance on invalid presumptions.
• United States v. Carlson
  423 F.2d 431· 9th Cir.· 1970-02-02 ·cited 24×
  The court held that the trial court did not abuse its discretion in refusing to bifurcate the insanity defense, nor did it err in striking the testimony related to that defense. The court also found no reversible error in the admission of a tape recording, the curtailment of cros
• Shepard v. Lane
  818 F.2d 615· 7th Cir.· 1987-05-06 ·cited 23×
  The court held that the petitioner's claims of ineffective assistance of counsel and prosecutorial misconduct did not warrant habeas corpus relief because the overwhelming evidence of guilt rendered any alleged errors harmless.
• Jackson v. State
  707 So. 2d 412· Fla. 5th DCA· 1998-03-20 ·cited 22×
  Jackson appealed his conviction for robbery and aggravated assault with a firearm. The appellate court reversed his conviction, finding two reversible errors: (1) the trial court improperly admitted hearsay testimony about an anonymous tip identifying the defendant, and (2) the p
• Coleman v. McCORMICK
  874 F.2d 1280· 9th Cir.· 1989-05-05 ·cited 22×
  The court held that the defendant's sentence must be reversed due to procedural issues in place at the time of trial regarding capital punishment hearings.
• United States v. Musa "Moses" Sweiss
  800 F.2d 684· 7th Cir.· 1986-09-05 ·cited 22×
  The court held that while portions of the excluded tape recording were admissible under the rule of completeness, the defendant waived the issue by failing to lay a sufficient foundation at trial.
• United States v. Monaghan
  741 F.2d 1434· D.C. Cir.· 1984-08-24 ·cited 22×
  The court held that the prosecutor's repeated comments on the defendant's silence, particularly in a case with a questionable witness, constituted reversible error because they were not harmless beyond a reasonable doubt.
• United States ex rel. Melvin H. Sullivan v. Fairman
  731 F.2d 450· 7th Cir.· 1984-04-09 ·cited 22×
  The court held that the petitioner forfeited his due process claims by failing to fairly present them to the state courts, but reversed and remanded the ineffective assistance of counsel claim for further proceedings.
• Hughes Anderson Bagley v. Lumpkin
  719 F.2d 1462· 9th Cir.· 1983-11-10 ·cited 22×
  The government's failure to disclose impeachment evidence regarding key witnesses, which prevented effective cross-examination, constitutes a due process violation requiring automatic reversal.
• United States v. Lane
  693 F.2d 385· 5th Cir.· 1982-11-26 ·cited 22×
  The court held that the use of a paid informant on a case-by-case basis did not violate established legal standards, and the trial judge's conduct and statements did not constitute reversible error.
• Recinos v. State
  420 So. 2d 95· Fla. 3d DCA· 1982-02-02 ·cited 22×
  Francisco Recinos appeals his second-degree murder conviction on the ground that the trial court erred in instructing defense counsel not to communicate with Recinos during recesses while he testified. The appellate court affirmed, finding that although the trial court's restrict
• Burton v. Bergman
  649 F.2d 428· 6th Cir.· 1981-05-21 ·cited 22×
  The dissenting judge argues that the majority erred in granting habeas relief based on a single word in jury instructions, as the instructions as a whole were not prejudicial and the conviction was supported by overwhelming evidence.
• Carvey v. LeFEVRE
  611 F.2d 19· 2d Cir.· 1979-12-12 ·cited 22×
  The court held that a suspect's waiver of counsel is ineffective if the suspect is not informed of a pending indictment, but the admission of statements obtained in violation of this right may be harmless error.
• United States v. Moore
  604 F.2d 1228· 9th Cir.· 1979-09-21 ·cited 22×
  The court held that the government can prove the absence of a first sale through circumstantial evidence and that the failure to instruct the jury on the first sale doctrine was harmless error. It also affirmed that proof of distribution alone can suffice for infringement under t
• United States v. Perez
  493 F.2d 1339· 10th Cir.· 1974-03-18 ·cited 22×
• United States v. Tsoi Kwan Sang
  416 F.2d 306· 5th Cir.· 1969-08-11 ·cited 22×
• Thomas v. State
  63 So. 3d 55· Fla. 4th DCA· 2011-05-18 ·cited 21×
  Kevin Thomas appeals his conviction for possession of cocaine with intent to sell, arguing the trial court failed to conduct an adequate Richardson hearing after discovering the State did not list Detective Tianga as an expert witness in discovery, despite presenting him as such
• United States v. Martin
  897 F.2d 1368· 6th Cir.· 1990-03-01 ·cited 21×
  The court held that the admission of hearsay testimony regarding the defendant's prior criminal acts was improper and violated the Confrontation Clause, and that this error was not harmless.
• United States ex rel. Marlon Thomas v. O'Leary
  856 F.2d 1011· 7th Cir.· 1988-09-16 ·cited 21×
  The court held that the failure of Thomas's attorneys to file a brief on the State's appeal from the suppression ruling constituted a complete denial of counsel at a critical stage, violating the Sixth Amendment, and that this violation could not be considered harmless error.
• United States v. Bundy
  472 F.2d 1266· D.C. Cir.· 1972-06-30 ·cited 21×
  The court held that the failure to produce the officer's original notes was harmless error beyond a reasonable doubt.
• Sanders v. State
  847 So. 2d 504· Fla. 1st DCA· 2003-03-31 ·cited 20×
  Sanders appealed the summary denial of his rule 3.850 postconviction motion claiming ineffective assistance of counsel for trial counsel's failure to request a jury instruction on a lesser included offense. The court affirmed, receding from prior precedent and holding that such a
• Carlton Bernard Tape v. State
  661 So. 2d 1287· Fla. 4th DCA· 1995-11-01 ·cited 20×
  Carlton Bernard Tape appealed his conviction for three murders and one attempted murder, raising seven points for reversal. The court affirmed the murder convictions but reversed the attempted murder conviction because Florida law does not recognize attempted felony murder as a c
• United States v. Rubio-Villareal
  967 F.2d 294· 9th Cir.· 1992-06-11 ·cited 20×
  The court has supervisory power, but its exercise is limited and must be used with caution.
• United States v. Bailey
  834 F.2d 218· 1st Cir.· 1987-12-02 ·cited 20×
  The court held that the district court erred in denying the defendant access to interview jurors who served with the government's key witness, as this violated her constitutional right to present a defense, but that the other claims of error were without merit.
• Life From THE SEA, Inc. v. Shlomo Levy and Charen Levy
  502 So. 2d 473· Fla. 3d DCA· 1987-01-20 ·cited 20×
  Life From The Sea and York Fitness Center appealed a jury verdict awarding damages to a plaintiff injured while moving equipment. The court affirmed, rejecting arguments that the jury instruction on premises liability for independent contractors was improper and that ex parte jur
• Lonnie S. Sales v. Harris
  675 F.2d 532· 2d Cir.· 1982-04-12 ·cited 20×
  The court held that while a jury instruction impermissibly removed the issue of photo array suggestiveness from the jury, this error was harmless beyond a reasonable doubt, and the prosecutor's summation did not deny a fair trial.
• United States v. Cook
  557 F.2d 1149· 5th Cir.· 1977-08-19 ·cited 20×
  The admission of consent injunction documents, which did not admit wrongdoing, was an error under Rule 404(b) and Rule 403 because their probative value was substantially outweighed by the danger of unfair prejudice, particularly for defendant Cook.
• United States v. Sten
  342 F.2d 491· 2d Cir.· 1965-03-08 ·cited 20×
  The court held that the admission of a business card and the withholding of certain pre-trial statements did not constitute plain error or reversible error, affirming the conviction.
• Jamil Abdullah Al-Amin v. Warden, Comm'r, Ga. Dep't OF Corr.
  932 F.3d 1291· 11th Cir.· 2019-07-31 ·cited 19×
  The Eleventh Circuit affirmed the district court's denial of habeas relief, finding that while the prosecutor's comments violated Al-Amin's Fifth Amendment right against self-incrimination, the error did not result in actual prejudice under the Brecht standard due to overwhelming
• Whitney v. Manos Milien & Esurance Ins. Co.
  125 So. 3d 817· Fla. 4th DCA· 2013-03-20 ·cited 18×
  Wendy Whitney, a defendant in a motor vehicle accident case, appeals the denial of her motion for new trial and/or remittitur after a jury verdict awarding substantial damages to the plaintiff, a rear-seat passenger rendered quadriplegic by the collision. The appellate court affi
• United States v. Gordon
  829 F.2d 119· D.C. Cir.· 1987-09-18 ·cited 18×
  The court held that a defendant's waiver of the right to be present at jury selection can be knowing and intelligent even if it occurs through counsel and not in open court, and that the advice of counsel need not meet the highest standards.
• United States v. Harris
  703 F.2d 508· 11th Cir.· 1983-04-18 ·cited 18×
  The court held that a defendant appearing in clearly identifiable prison garb during voir dire, without a contemporaneous objection, is not harmless error if the evidence of guilt is not overwhelming, as it violates the presumption of innocence.
• United States v. Amadio Petito
  671 F.2d 68· 2d Cir.· 1982-01-26 ·cited 18×
  The court held that a defendant is not entitled to preindictment notice that refusal to testify after a grant of immunity could lead to criminal contempt charges, and that failure to produce surveillance photos post-trial does not warrant a new trial if they are not material to t
• Causey Harrell v. State
  405 So. 2d 480· Fla. 3d DCA· 1981-11-03 ·cited 18×
  Causey Harrell was convicted of manslaughter in the death of his former wife after claiming the shooting was accidental. On appeal, Harrell challenged the trial court's failure to remove six guns from the courtroom before the jury entered, arguing their presence prejudiced the ju
• Williams v. Martin
  618 F.2d 1021· 4th Cir.· 1980-03-06 ·cited 18×
  The dissenting judge believes the trial judge was not at fault for the due process violation, but rather ineffective assistance of counsel was the cause.
• Stimack v. State OF Tex. & W. J. Estelle, Jr.
  548 F.2d 588· 5th Cir.· 1977-03-11 ·cited 18×
  The court held that juror testimony about extraneous influences is admissible to impeach a verdict, and the errors were not harmless beyond a reasonable doubt.
• Pinelli v. United States
  403 F.2d 998· 10th Cir.· 1968-11-20 ·cited 18×
  The court held that testimony regarding a note found on the appellant was admissible as harmless error, and the evidence was sufficient to sustain the conviction for mail theft.
• United States v. Rodriguez-Suarez
  856 F.2d 135· 11th Cir.· 1988-09-28 ·cited 17×
  The court affirmed the convictions and sentences, holding that the mandatory minimum sentencing provisions of the Anti-Drug Abuse Act are constitutional and apply to all defendants, and that individual claims regarding jury selection, prosecutorial comments, and jury instructions
• United States v. West
  680 F.2d 652· 9th Cir.· 1982-07-01 ·cited 17×
  The court held that the prosecutor's improper argument, which exploited the influence of her office to bolster a witness's credibility, constituted reversible error, even without a timely objection.
• United States v. Carter
  619 F.2d 293· 3d Cir.· 1980-04-25 ·cited 17×
  Deviations from Fed. R. Crim. P. 11 in accepting a guilty plea constitute reversible error if they affect substantial rights, requiring vacation of the sentence.
• Melvin v. State
  677 So. 2d 1317· Fla. 4th DCA· 1996-07-31 ·cited 16×
  James Melvin appeals his DUI manslaughter conviction and sentence. The Fourth District Court of Appeal affirms the conviction but remands for modification of the probation order to delete a drug testing payment requirement, and also addresses two evidentiary issues on appeal.
• Brecht v. Abrahamson
  944 F.2d 1363· 7th Cir.· 1991-09-26 ·cited 16×
  The court concurs in the judgment, finding the standard for harmless constitutional error in collateral review is settled law in the circuit.
• Gibson v. State
  533 So. 2d 338· Fla. 5th DCA· 1988-11-17 ·cited 16×
  The court held that the defendant waived his Sixth Amendment confrontation clause argument by failing to properly object on that specific ground in the trial court.
• Hall v. Dugger
  531 So. 2d 76· Fla.· 1988-05-12 ·cited 16×
  A trial court's limitation of jury and judicial consideration to statutory mitigating factors, while constituting error under Hitchcock v. Dugger, is harmless beyond a reasonable doubt where the nonstatutory mitigating evidence presented is weak compared to the aggravating factor
• Mauricio v. Duckworth
  840 F.2d 454· 7th Cir.· 1988-02-10 ·cited 16×
  The court held that the State's knowing failure to disclose the identity of an alibi rebuttal witness violated due process and was not harmless error.
• United States v. Crowley
  529 F.2d 1066· 3d Cir.· 1976-02-06 ·cited 16×
  The court held that the absence of counsel at a hearing on a motion to withdraw a guilty plea was harmless error beyond a reasonable doubt, and that the trial court did not abuse its discretion in denying the motion to withdraw the plea.
• Powell v. Stone
  507 F.2d 93· 9th Cir.· 1974-12-04 ·cited 16×
  The court held that evidence obtained from an arrest under an unconstitutional vagrancy ordinance must be excluded, and its admission in a murder trial was not harmless error.
• Kyree Luis Perez v. State
  187 So. 3d 1279· Fla. 1st DCA· 2016-04-12 ·cited 15×
  Kyree Luis Perez was convicted of attempted second-degree murder for shooting his former friend Michael Coley in the abdomen during a heated verbal confrontation that escalated when Coley challenged him to a fight. Perez appealed, arguing the evidence showed only an impulsive ove