Harmless Error Standard

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

• Edward v. Lawrence
  961 F.2d 113· 8th Cir.· 1992-04-02 ·cited 2×
  The court held that the district court erred by applying an improper harmless error standard and shifting the burden of proof when analyzing the prejudice prong of an ineffective assistance of counsel claim.
• Lillie v. United States
  953 F.2d 1188· 10th Cir.· 1992-01-13 ·cited 2×
  An improper view of a scene by a judge without notice to parties is reversible error unless it can be shown to have had no effect on the decision.
• United States v. Smith
  939 F.2d 9· 2d Cir.· 1991-07-22 ·cited 2×
  The court held that the district court's refusal to instruct the jury on all elements of the charged offenses was reversible error.
• Sherley v. Seabold
  929 F.2d 272· 6th Cir.· 1991-05-24 ·cited 2×
  The court held that the admission of hearsay testimony violated the petitioner's Sixth Amendment confrontation clause rights because the prosecution failed to demonstrate the witness's unavailability with a good-faith effort and the hearsay lacked sufficient indicia of reliabilit
• State v. Sylester Earl Smith
  547 So. 2d 131· Fla.· 1989-07-27 ·cited 2×
  The Florida Supreme Court held that due process under the Florida Constitution prohibits conducting a compelled police lineup against a criminal defendant in custody pursuant to an ex parte court order without notice to the defendant or opportunity for counsel. The Court reversed
• Smart v. Leeke
  856 F.2d 609· 4th Cir.· 1988-09-06 ·cited 2×
  The court held that a jury instruction placing the burden of proving self-defense on the defendant in a South Carolina murder trial violated due process because self-defense is an element of murder in South Carolina, which the prosecution must disprove beyond a reasonable doubt.
• United States v. Bailey
  846 F.2d 1· 1st Cir.· 1988-05-03 ·cited 2×
  The court held that the district court's error in denying access to jurors was harmless, and thus a new trial is not warranted.
• Gilmore v. Henderson
  825 F.2d 663· 2d Cir.· 1987-07-31 ·cited 2×
  The court held that the trial court's exclusion of defense witnesses' testimony, which impeded the defendant's constitutional right to present a defense, was not harmless error beyond a reasonable doubt.
• State v. Lowry
  498 So. 2d 427· Fla.· 1986-12-11 ·cited 2×
  Comments by a prosecutor that are fairly susceptible of construction as a comment upon a defendant's right to remain silent constitute reversible error only if harmless error analysis shows the error was not harmless beyond a reasonable doubt, not per se reversible error.
• Thompson v. State
  480 So. 2d 179· Fla. 3d DCA· 1985-12-17 ·cited 2×
  Dennis Wayne Thompson was convicted of grand theft and dealing in stolen property after stolen property from a bar burglary was found in his apartment. The Florida District Court of Appeal affirmed the conviction for dealing in stolen property but reversed the conviction for gran
• Busby v. Holt
  771 F.2d 1461· 11th Cir.· 1985-09-24 ·cited 2×
  The court held that the prosecutor's misconduct in calling a witness who intended to invoke the Fifth Amendment, and the trial court's error in permitting this, constituted a constitutional violation that was not harmless error.
• United States v. Jonnet
  762 F.2d 16· 3d Cir.· 1985-05-06 ·cited 2×
  The court held that the inadvertent submission of the entire deposition transcripts, including a significant transcription error, to the jury room constituted reversible error because it could have substantially swayed the judgment.
• Anderson v. Warden, Maryland Penitentiary
  670 F.2d 1339· 4th Cir.· 1982-02-09 ·cited 2×
  The dissenting judge argues that the trial court's conduct in pressuring alibi witnesses to change their testimony constituted a constitutional error that was not harmless.
• United States v. Honorable Fred M. Winner
  666 F.2d 447· 10th Cir.· 1981-12-09 ·cited 2×
  The court held that the government failed to demonstrate a clear and indisputable right to a writ of mandamus to overturn the trial court's order granting a new trial.
• United States v. Hutton
  558 F.2d 1265· 6th Cir.· 1977-07-14 ·cited 2×
  The court held that the trial judge did not abuse discretion by allowing a belated notice of alibi demand, and any error was harmless beyond a reasonable doubt.
• United States v. Celcer
  500 F.2d 345· 5th Cir.· 1974-09-05 ·cited 2×
  The court affirmed the convictions, finding sufficient evidence of knowing participation in the conspiracy and that any prosecutorial misconduct or trial errors were harmless.
• United States v. Lewis
  448 F.2d 788· 9th Cir.· 1971-10-08 ·cited 2×
  The court held that the conviction for theft from the United States mail should be affirmed due to overwhelming admissible evidence, despite some close rulings.
• United States v. Bethea
  446 F.2d 30· 3d Cir.· 1971-08-05 ·cited 2×
  The court held that the trial court did not abuse its discretion in denying severance and that evidence seized was admissible.
• Cain v. Hoyt C. Cupp
  442 F.2d 356· 9th Cir.· 1971-04-28 ·cited 2×
  The court held that the prosecutor's actions, including calling a witness who invoked the Fifth Amendment and commenting on that invocation in closing arguments, denied the petitioner a fair trial.
• Mundy v. Henderson
  416 F.2d 432· 6th Cir.· 1969-10-09 ·cited 2×
  The court held that the state trial court's refusal to allow defense counsel to inspect notes used by a witness to refresh his memory, while error, did not rise to the level of a federal constitutional violation requiring habeas corpus relief.
• Dean v. Hocker
  409 F.2d 319· 9th Cir.· 1969-03-27 ·cited 2×
• Clark v. United States
  405 F.2d 166· 5th Cir.· 1968-12-20 ·cited 2×
  The court held that the jury charge, including a parenthetical judicial remark, was not reversible error, either individually or cumulatively.
• Seadler v. Marina Bay Resort Condo. Ass'n, Inc.
  341 So. 3d 1146· Fla.· 2023-12-21 ·cited 1×
  The Florida Supreme Court resolved a conflict among district courts regarding whether erroneous denial of a for-cause juror challenge in civil cases is per se reversible error or subject to harmless error review. The Court held that harmless error analysis applies, but on remand,
• C&S Wholesale Grocers, Inc. v. State of Fla. Dep't of Bus. & Prof'l Reg.
  375 So. 3d 943· Fla. 1st DCA· 2023-12-13 ·cited 1×
  An agency must rule on a petition for formal administrative hearing within fifteen days under the Administrative Procedure Act, and its failure to do so violates due process and prevents dismissal with prejudice. The relation back doctrine cannot cure an amended petition filed ou
• Rodriguez v. State
  2017 WL 1927720· Fla. 3d DCA· 2019-04-24 ·cited 1×
  The trial court did not commit reversible error in overruling the defendant's objections to the State's rebuttal closing argument statements, as they were either proper fair reply to defense argument or constituted harmless error.
• Knight v. State
  254 So. 3d 642· Fla. 1st DCA· 2018-09-07 ·cited 1×
  A trial court's failure to make case-specific findings required by statute before allowing closed-circuit television testimony does not require reversal when not preserved for appeal and is not fundamental error. Additionally, a defendant's right to communicate with counsel durin
• Jackson v. State
  250 So. 3d 844· Fla. 3d DCA· 2018-07-11 ·cited 1×
  A prosecutor's comments about a victim's mental and physical condition do not constitute a prohibited "golden rule" argument when the comments are based on trial evidence, relevant to issues in dispute, made in fair reply to defense arguments, and not intended to inflame the jury
• Scala v. State
  213 So. 3d 1085· Fla. 3d DCA· 2017-03-15 ·cited 1×
  Scala and Weitz appealed their first-degree grand theft convictions, but the Florida appellate court reversed and remanded for a new trial due to pervasive errors, omissions, and inaccuracies in the trial transcripts that prevented meaningful appellate review. The court also addr
• State Farm Mut. Auto. Ins. Co. v. Gold
  186 So. 3d 1061· Fla. 4th DCA· 2016-01-27 ·cited 1×
  The court held that improper statements by counsel and a prejudicial jury instruction, when considered cumulatively, denied the opposing party a fair trial, warranting a new trial.
• Thomas v. State
  993 So. 2d 105· Fla. 1st DCA· 2008-10-21 ·cited 1×
  The court held that admitting hearsay within a business record, without a separate exception for the hearsay statement, is error. This error was not harmless because the hearsay contributed to the conviction.
• Williams v. State
  Fla. 1st DCA· 2026-10-28
  The trial court did not commit reversible error in finding no discovery violation regarding a late-delivered video interview of the driver-accomplice, because the State had disclosed the interview's existence and a summary of its contents to the defense long before trial, and a f
• Auguste v. State
  Fla. 4th DCA· 2026-09-09
  Although the trial court erred in permitting testimony about the nature of the defendant's five prior convictions, the error was harmless beyond a reasonable doubt as to both the felon-in-possession and first-degree murder convictions because the defendant's guilt was clearly est
• Munnerlyn v. State
  Fla. 5th DCA· 2026-05-08
  A trial court abuses its discretion by admitting a police officer's testimony that plastic sandwich bags are typically used by drug dealers to separate larger quantities of marijuana into predetermined sizes for sale. Such testimony constitutes inadmissible general criminal behav
• Medrano-Chavez v. State
  Fla. 3d DCA· 2026-05-06
  The trial court abused its discretion by overruling the defense's objection to Detective Tabares' testimony that the victim's demeanor was "genuine," which invaded the jury's exclusive province to assess credibility, and the State failed to establish the error was harmless beyond
• Keosha Carn v. State
  Fla. 4th DCA· 2026-04-01
  The trial court committed reversible error by excluding non-hearsay testimony regarding threats made to the defendant when the statements were offered to show their effect on the defendant listener and to explain her state of mind in seeking assistance, and the State failed to de
• Darby v. State
  Fla. 4th DCA· 2026-03-04
  Billy Joe Darby appeals his conviction for attempted manslaughter, challenging the trial court's denial of a jury instruction on misdemeanor battery and the court's overruling of his objection to the prosecutor's closing argument implying he had a duty to retreat. The appellate c
• United States v. Holley
  11th Cir.· 2026-02-03
  The court held that the district court did not err in admitting body-worn camera footage and a 911 call recording, and that the sentence imposed was appropriate.
• Universal Prop. & Cas. Ins. Co. v. St. Francy St. Fleur and Yvrose Hilaire
  Fla. 4th DCA· 2025-12-10
  A trial court abuses its discretion by denying a for-cause challenge when a prospective juror expresses unequivocal bias against one party, and by excluding photographs that have been properly authenticated through the pictorial testimony method merely on lack-of-predicate ground
• United States v. Philmon Chambers
  11th Cir.· 2025-10-23
  Two members of the Gangster Disciples gang, Lesley Green and Philmon Chambers, were convicted of RICO conspiracy and related murders in a three-victim retaliation scheme and sentenced to life in prison, with Chambers receiving two consecutive life sentences plus an additional 120
• Nance v. United States
  M.D. Fla.· 2025-07-28
  The court held that the petitioner's motion to vacate, set aside, or correct his sentence was time-barred and equitable tolling was not warranted, thus dismissing the motion.
• Nicholas v. Nicholas
  Fla. 4th DCA· 2025-03-19
  A final judgment in a dissolution of marriage must explicitly identify the child support guidelines worksheet in the record, articulate the specific amount of any imputed income, include a provision ordering the obligor to maintain health insurance for minor children if reasonabl
• Trevie Burrell
  Del.· 2024-12-02
  The appellate court affirmed the defendant's convictions, holding that the trial court did not abuse its discretion in admitting prison communications as co-conspirator statements and evidence of identity/motive/intent. The court also found no abuse of discretion in admitting a r
• Abdul v. Conner
  S.D. Fla.· 2024-06-13
  Jabbaar Mujaahid Abdul challenged his Florida conviction and sentence through federal habeas corpus, raising four grounds including claims of prosecutorial Brady violations, ineffective assistance of counsel, structural defects, and an alleged conflict of interest with his public
• McCray v. Fla. Dep't of Corr.
  S.D. Fla.· 2024-06-11
  The court denied the petition for writ of habeas corpus, finding that the state court's rejection of the petitioner's ineffective assistance of counsel claims was not contrary to or an unreasonable application of federal law.
• Alderman v. State
  Fla. 4th DCA· 2024-05-22
  Denial of a motion to disqualify the trial judge is harmless error where it lacks a reasonable probability of contributing to the defendant's conviction.
• Farrell v. State
  S.D. Fla.· 2024-04-25
  The court held that federal habeas review cannot grant relief for state law errors, and to the extent federal claims were raised, they were meritless.
• Sivik v. State
  S.D. Fla.· 2024-04-09
  Cory Barrant Sivik sought federal habeas relief challenging his state conviction for lewd or lascivious molestation of a child under twelve, arguing that statements he made during a police-orchestrated controlled telephone call violated his Fifth and Sixth Amendment rights. The d
• Hebert v. State
  S.D. Fla.· 2024-03-25
  The court held that the Florida Supreme Court's determination that the conditional-release program is constitutional was reasonable, and therefore, the Third DCA's denial of the petitioner's state-court habeas petition was also reasonable.
• Garcia v. Abbate
  S.D. Fla.· 2024-02-09
  The Court held that the Petitioner's claims challenging his civil commitment under 28 U.S.C. § 2254 lacked merit, as the state court's findings were supported by evidence and complied with federal and state law.
• Posta v. Fla. Dep't of Corr.
  S.D. Fla.· 2023-12-14
  David John Posta, convicted of DUI manslaughter in Florida, sought federal habeas relief challenging his conviction and 40-year sentence on multiple grounds, including claims that the trial court improperly considered an uncounseled Virginia conviction at sentencing and lacked ju