burden to show error (Florida) · Go Syfert
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burden to show error in Florida

16 Florida opinions name it 2 courts 1940–2023 2 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
State v. DiGuiliogreen
fla · 1986 · cited in 13 Florida opinions naming this issue, 1987–2023
2 sentences

2023Applying the language of DiGuilio, 491 So. 2d at 1139 (“The burden to show the error was harmless must remain on the state.

1994The burden to show the error was harmless must remain on the state." State v. DiGuilio, 491 So.2d 1129, 1138-1139 (Fla. 1986).

713
Stribbling v. Stategreen
fladistctapp · 2001 · cited in 1 Florida opinions naming this issue, 2001–2001
1 sentence

2001See Stribbling v. State, 778 So.2d 452, 455 (Fla. 4th DCA 2001)(the burden to show the error in improper testimony was harmless remains on the state).

11
Jackson v. Jacksongreen
fla · 1920 · cited in 1 Florida opinions naming this issue, 1940–1940
2 sentences

1940See Jackson v. Jackson, 80 Fla. 557 , 86 So. 510 ; Wang v. First Nat.

1940See Jackson v. Jackson, 80 Fla. 557 , 86 So. 510 ; Wang v. First Nat.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Ventura v. State green
fla · 2010
1 sentence

2013If the appellate court cannot say beyond a reasonable doubt that the error did not affect the verdict, then the error is by definition harmful.” Ventura, 29 So.3d at 1089-90 .

12013–2013
Bonine v. State green
fladistctapp · 2002
1 sentence

2004If the appellate court cannot say beyond a reasonable doubt that the error did not affect the verdict, then the error is by definition harmful. 811 So.2d at 866 (quoting State v. DiGuilio, 491 So.2d 1129, 1139 (Fla.1986)).

12004–2004

Statutes the citing opinions construe

FL § 90.803 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 80 (1931–2026) AZ 28 (2012–2025) GA 23 (1964–2026) NC 20 (1995–2026) TX 20 (1971–2026) WA 16 (1997–2025) FL 16 (1940–2023) IL 13 (1978–2026) KS 13 (1991–2026) OH 11 (2007–2025) IA 10 (1950–2026) HI 8 (1909–2026) SD 7 (1988–2010) ID 4 (1952–2021) MO 4 (2002–2011) ME 4 (1937–1948) MD 4 (1997–2018) NJ 3 (1987–2021) MS 3 (1994–2025) MI 3 (2018–2024) UT 2 (2015–2016) MN 2 (2014–2026) NM 2 (2007–2021) WI 2 (2019–2022) ND 2 (2019–2022) AR 2 (1988–2004) AL 2 (2024–2024) TN 2 (2002–2020) MA 2 (1945–1999) IN 2 (1965–1987) VA 2 (2006–2010) NE 2 (1991–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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