Harmless Error Standard

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

• Silas v. Dixon
  S.D. Fla.· 2023-08-10
  The court held that the petitioner's claims of ineffective assistance of counsel regarding his decision to testify and a rejected plea offer were without merit, and the cumulative error claim also failed.
• Quintana Ramirez v. Fla. Dep't of Corr.
  S.D. Fla.· 2023-08-04
  The court held that the petitioner's claims were adjudicated on the merits by the state court and did not meet the high bar for federal habeas relief under AEDPA, as counsel's strategic decisions were reasonable and motions to suppress would have been futile.
• Maya v. State
  Fla. 6th DCA· 2023-05-12
  The appellate court affirmed a second-degree murder conviction, holding that the trial court properly admitted a witness's grand jury testimony as substantive evidence and that an improper prosecutorial comment during closing arguments was harmless error.
• Pollard v. Fla. Dep't of Corr.
  S.D. Fla.· 2023-04-10
  The federal court denied the petition for writ of habeas corpus because the state court's determination that the defendant was competent to stand trial, made nunc pro tunc, was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determinati
• Forbes v. Sec'y, Dep't of Corr.
  S.D. Fla.· 2022-11-18
  A federal district court dismissed and denied a habeas corpus petition challenging a 2014 Florida conviction for burglary and theft, finding that petitioner Forbes exhausted only two of his four claims, that one unexhausted claim was not a substantial claim under the Martinez exc
• Burgos v. Fla. Dep't of Corr.
  S.D. Fla.· 2022-11-18
  Badi Burgos, a Florida prisoner convicted of felony murder and armed robbery, filed a federal habeas petition challenging his state conviction and sentence, raising claims about the trial court's failure to conduct hearings on his right to self-representation and discharge of cou
• Burgess v. Fla. Dep't of Corr.
  S.D. Fla.· 2022-11-15
  Al Burgess, a Florida prisoner sentenced to life for armed kidnapping and armed sexual battery, challenged his resentencing through federal habeas corpus, arguing his resentencing counsel rendered ineffective assistance by failing to object to an upward departure sentence and by
• Mustafa v. Fla. Dep't of Corr.
  S.D. Fla.· 2022-10-03
  The Court denies Ground 1 and dismisses Grounds 2 through 10 of the habeas petition, finding some claims unexhausted, others procedurally defaulted, and one cognizable only under state law.
• v. ID. No. 1605012921A Diamonte Taylor
  Del. Super. Ct.· 2022-06-30
  The court denied the defendant's motion to dismiss the indictment, finding that a retrial after the vacatur of his conviction does not violate the Double Jeopardy Clause. The court rejected the defendant's novel theories for lowering Delaware's intent requirement for prosecutoria
• Cardona v. Inch
  S.D. Fla.· 2022-06-14
  Esdras Cardona's federal habeas petition challenging his 2007 Florida conviction for sexual battery and burglary was dismissed in part and denied in part because his claim about inadequate hearings on newly discovered evidence raised only state law issues and his remaining ineffe
• Renford v. Inch
  S.D. Fla.· 2022-06-07
  Tyshon Renford's federal habeas petition challenging his Florida state-court conviction for armed kidnapping, robbery with a firearm, and armed carjacking was dismissed as to one claim for failure to exhaust state remedies and denied as to two remaining claims on the merits. The
• Gonzalez v. State
  Fla. 3d DCA· 2020-11-12
  A prosecutor may robustly argue the truthfulness of a witness whose credibility is under attack, provided the prosecutor does not place the government's prestige behind the witness or indicate that extra-record information supports the testimony.
• David v. State
  Fla. 3d DCA· 2020-06-10
  The appellate court reversed a conviction for attempted manslaughter and aggravated assault, finding that the trial court committed fundamental error by omitting crucial language from the jury instruction on transferred intent. This omission prevented the jury from considering th
• Acevedo v. State
  Fla. 2d DCA· 2020-03-13
  The appellate court reversed a conviction for drug trafficking because the prosecutor misstated the law regarding the "knowledge" element of the offense during closing arguments. The court found this misstatement, which was not corrected by the trial court, was not harmless error
• Reynoldo Martin-Godinez v. State
  Fla. 1st DCA· 2020-01-31
  The appellate court reversed the denial of postconviction relief for one ground, finding that the trial court improperly sent a victim's videotaped interview to the jury room during deliberations. However, the court affirmed the denial of other grounds and remanded for further pr
• D.M. v. M.D.
  272 So. 3d 1229· Fla.· 2019-06-06
  The Florida Supreme Court discharged jurisdiction and dismissed a review proceeding, concluding that jurisdiction was improvidently granted. The case involved a conflict regarding whether a trial court's failure to make written findings constitutes harmless error or requires per
• D.M. v. M.D.
  272 So. 3d 1229· Fla.· 2019-06-06
  The Florida Supreme Court initially accepted jurisdiction to review a district court's decision based on alleged conflict but ultimately determined jurisdiction was improvidently granted. The Court discharged jurisdiction and dismissed the review proceeding, finding no apparent c
• Hinck v. State
  260 So. 3d 325· Fla. 4th DCA· 2018-12-05
  A defendant's statement qualifies as an excited utterance admissible under Florida Statute § 90.803(2) when it satisfies the three-prong test: the event is startling enough to cause nervous excitement, the statement is made before there is time to contrive or misrepresent, and th
• Bull v. State
  245 So. 3d 699· Fla. 2d DCA· 2018-04-27
  A trial court's instruction that was irrelevant to any fact in issue constitutes reversible error when it effectively negates the defendant's self-defense claim, particularly when combined with prosecutorial arguments stating the defendant had no right to self-defense, and cannot
• Newton v. State
  237 So. 3d 386· Fla. 4th DCA· 2018-01-24
  The trial court properly admitted a booking photograph to refresh an arresting deputy's recollection of the defendant's identity, distinguishing this case from situations involving suggestive single photographs shown to lay witnesses. Even if erroneous, any error was harmless bey
• Simon v. State
  225 So. 3d 934· Fla. 3d DCA· 2017-08-16
  Johnathan Simon was convicted of first-degree murder and attempted first-degree murder in the shooting death of Jason Maharaj and wounding of a fourteen-year-old. Simon appealed, arguing that the state's DNA expert committed fundamental error by bolstering her credibility through
• Ervin J. Lewis v. State
  211 So. 3d 279· Fla. 1st DCA· 2017-02-07
  The Florida First District Court of Appeal reversed Lewis's conviction for battery within a detention facility due to the trial court's failure to instruct the jury on the lesser-included offense of simple battery, following binding precedent despite recognizing the rule creates
• Boley Ctrs. v. Vines
  179 So. 3d 464· Fla. 1st DCA· 2015-11-16
  In this workers' compensation case, the court addressed whether an employee's psychiatric injury and related hospitalizations were compensable, and whether the employer/carrier was properly ordered to pay psychiatric providers and reimburse third-party payers. The court affirmed
• Young v. State
  143 So. 3d 450· Fla. 5th DCA· 2014-07-18
• State v. Arman Jouzdani
  98 So. 3d 1264· Fla. 1st DCA· 2012-10-19
  Defendant Jouzdani was convicted of kidnapping, extortion, and grand theft arising from an incident where he allegedly held a man at gunpoint to recover lost drug money. The appellate court reversed the convictions due to a trial court error in allowing improper impeachment of a
• D.J. v. State
  67 So. 3d 1191· Fla. 3d DCA· 2011-08-24
  Juvenile's delinquency adjudication affirmed despite erroneous admission of unauthenticated school attendance records, as the error was harmless beyond a reasonable doubt.
• Special v. Ivo Baux, M.D.
  52 So. 3d 682· Fla. 4th DCA· 2010-06-23
  The trial court did not abuse its discretion in excluding cross-examination of the defendant's expert regarding the hospital's allegedly disproportionate rate of AFE diagnoses, as such evidence was collateral to the negligence claim and immaterial to whether the defendant neglige
• Benzant v. State
  34 So. 3d 112· Fla. 3d DCA· 2010-04-14
  Samuel Benzant appealed his convictions for first-degree murder and armed robbery, challenging the admission of evidence regarding a prior failed robbery attempt and details about the source of the murder weapon from his taped confession. The Florida District Court of Appeal affi
• Abel Hernandez v. State
  11 So. 3d 449· Fla. 3d DCA· 2009-06-03
• Vadhani Williams v. State
  1 So. 3d 335· Fla. 5th DCA· 2009-01-23
  Vadhani Williams appealed his convictions for attempted second-degree murder and aggravated assault with a firearm, arguing the trial court erroneously prohibited cross-examination of the victim regarding a pending battery charge. The appellate court agreed the trial court erred
• Butler v. State
  972 So. 2d 1089· Fla. 5th DCA· 2008-01-25
  The court held that the trial court did not err in denying motions to suppress the defendant's confession and the child victim's hearsay statements.
• Johnson v. State
  920 So. 2d 1282· Fla. 4th DCA· 2006-03-01
  Johnson appealed his cocaine sale conviction, challenging the trial court's admission of testimony that he was the subject of a drug investigation. While the appellate court found the testimony's admission was error, it affirmed the conviction because the error was harmless given
• Alvelo v. State
  866 So. 2d 1240· Fla. 5th DCA· 2004-01-23
• Rouleau v. Meachum
  974 F.2d 8· 2d Cir.· 1992-08-27
  The court held that any error in the jury instruction concerning duress was harmless with respect to the robbery conspiracy charge, and therefore reversed the grant of a conditional writ of habeas corpus.
• United States v. DeBOER
  966 F.2d 1066· 6th Cir.· 1992-06-09
  The court held that the defendant's conviction for conspiracy to distribute a controlled substance was supported by sufficient evidence and that the trial court did not commit reversible error in its jury instructions or evidentiary rulings.
• Nylon Vick v. A.L. Lockhart
  952 F.2d 999· 8th Cir.· 1991-12-26
  The court held that a remand is necessary to determine the timing of Miranda warnings and for an evidentiary hearing on ineffective assistance of counsel claims.
• United States v. Ghulam Sabir Rana
  944 F.2d 123· 3d Cir.· 1991-09-04
  The court held that the district court abused its discretion by allowing the jury to examine a notebook containing unadmitted exhibits, but this error was harmless due to overwhelming evidence of guilt.
• Abbott v. Parke
  893 F.2d 868· 6th Cir.· 1990-01-16
  The admission of Abbott's statements, obtained after he invoked his Sixth Amendment right to counsel, was not harmless error and violated his constitutional rights.
• United States v. Slovacek
  867 F.2d 842· 5th Cir.· 1989-03-01
  The court held that the evidence of FDIC insurance was sufficient, the jury instructions, though imperfect, did not constitute plain error or constructively amend the indictment, and the imposed fine was statutorily authorized.
• Alvarez v. State
  527 So. 2d 913· Fla. 3d DCA· 1988-06-28
• Lowry v. State
  510 So. 2d 1196· Fla. 4th DCA· 1987-08-12
  The court remanded the case for a determination of whether the prosecutor's comment on the appellant's right to remain silent was harmless error beyond a reasonable doubt, following the standard set in State v. DiGuilio.
• Christopher v. State
  824 F.2d 836· 11th Cir.· 1987-07-23
  The court held that the admission of Christopher's confession was not harmless error because it was obtained in violation of his Fifth Amendment right to remain silent, as police failed to scrupulously honor his repeated requests to cease questioning.
• Vernie Eugene Thrift v. State
  477 So. 2d 1077· Fla. 2d DCA· 1985-10-30
  Vernie Eugene Thrift appeals his arson conviction, arguing that the trial court erred in denying his motions for mistrial based on improper prosecutorial comments during voir dire and closing argument. The appellate court affirms, finding that the circumstantial evidence was suff
• United States v. Kermit Frazier, Jr.
  580 F.2d 229· 6th Cir.· 1978-08-01
  The court held that the trial judge's questioning of defense counsel during opening statements, which forced counsel to choose between revealing privileged client information or appearing evasive, constituted prejudicial error.
• United States ex rel. William Cadogan v. LaVALLEE
  502 F.2d 824· 2d Cir.· 1974-08-16
  The court held that the district court did not err in denying the habeas corpus petition, affirming the denial.
• Gray v. Ellsworth
  438 F.2d 130· 9th Cir.· 1971-02-03
  The court held that the constitutional error of admitting identification testimony from a one-man lineup without counsel was harmless beyond a reasonable doubt.
• Whitty v. State OF Wis. & Wilbur J. Schmidt
  436 F.2d 401· 7th Cir.· 1970-12-30
  The court held that the petitioner's constitutional rights were not violated by the admission of evidence or the procedures used at his trial, and that any errors were harmless.
• Earnest Norman v. Nelson
  431 F.2d 1184· 9th Cir.· 1970-06-25
  The court held that the prisoner's confrontation clause claim was waived by failure to object at trial, and any error in admitting evidence was harmless.
• Downie v. Burke
  408 F.2d 343· 7th Cir.· 1969-03-06
  The court held that even if the prosecutor's remarks were improper, they were not so inflammatory as to deny the petitioner a fair trial or violate his constitutional rights.