prejudicial error (Florida) · Go Syfert
← Florida issues

prejudicial error in Florida

83 Florida opinions name it 3 courts 1933–2026 9 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 (57)

CaseFollowedCited
Lewis v. Stategreen
fladistctapp · 1997 · cited in 8 Florida opinions naming this issue, 1999–2025
2 sentences

2025See Baxter v. State, 318 So. 3d 601 , 603 (Fla. 3d DCA 2021) (“Where ‘a rational trier of fact could lawfully find that the evidence proved the existence of all the elements of the crime . . . beyond a reasonable doubt,’ the appellate court should defer to the trial court’s denial of a motion for judgment of acquittal.” (quoting Sandhaus v. State, 200 So. 3d 112, 114 (Fla. 5th DCA 2016))); Senser v. State, 243 So. 3d 1003, 1010 (Fla. 4th DCA 2018) (“Trial judges have wide discretion in decisions regarding jury instructions, and the appellate courts will not reverse a decision regarding an inst

2024We also “will not reverse a decision regarding an instruction in the absence of a prejudicial error that would result in a miscarriage of justice.” Lewis v. State, 693 So. 2d 1055, 1058 (Fla. 4th DCA 1997).

88
Amend. to Fla. Rules of Appellate Proc.green
fla · 1996 · cited in 5 Florida opinions naming this issue, 1999–2025
2 sentences

2025See In re Amends., 696 So. 2d at 1104 . 5 The court from there acknowledged that the Legislature is free to “implement this constitutional right” by “plac[ing] reasonable conditions upon it,” including conditioning “the right to appeal upon the preservation of a prejudicial error or the assertion of a fundamental error.” Id. at 1104–05; cf. State v. DiGuilio, 491 So. 2d 1129, 1134 (Fla. 1986) (stating that the Legislature had the “unquestioned” authority to enact a statute requiring an appellate court to find preserved, harmful errors before it reverses a judgment).

2025See In re Amends., 696 So. 2d at 1104 . 5 The court from there acknowledged that the Legislature is free to “implement this constitutional right” by “plac[ing] reasonable conditions upon it,” including conditioning “the right to appeal upon the preservation of a prejudicial error or the assertion of a fundamental error.” Id. at 1104–05; cf. State v. DiGuilio, 491 So. 2d 1129, 1134 (Fla. 1986) (stating that the Legislature had the “unquestioned” authority to enact a statute requiring an appellate court to find preserved, harmful errors before it reverses a judgment).

35
Darling v. Stategreen
fla · 2002 · cited in 3 Florida opinions naming this issue, 2008–2008
2 sentences

2008See Jones v. State, 923 So.2d 486, 489 (Fla.2006) (holding that when requesting a new trial on the basis of a missing or lost transcript, the defendant bears the burden of demonstrating that a prejudicial error occurred in the trial court); see also Armstrong v. State, 862 So.2d 705, 721 (Fla.2003) (finding that a new trial was not warranted where the defendant "failed to link a meritorious appellate issue to the allegedly missing record and thus cannot establish that he was prejudiced by its absence"); Darling v. State, 808 So.2d 145, 163 (Fla.2002) (finding unpersuasive Darling's argument th

2008See Jones v. State, 923 So.2d 486, 489 (Fla.2006) (holding that when requesting a new trial on the basis of a missing or lost transcript, the defendant bears the burden of demonstrating that a prejudicial error occurred in the trial court); Armstrong v. State, 862 So.2d 705, 721 (Fla.2003) (finding that a new trial was not warranted where the defendant "failed to link a meritorious appellate issue to the allegedly missing record and thus cannot establish that he was prejudiced by its absence"); Darling v. State, 808 So.2d 145, 163 (Fla.2002) (finding unpersuasive Darling's argument that becaus

33
Jones v. Stategreen
fla · 2006 · cited in 3 Florida opinions naming this issue, 2008–2008
2 sentences

2008See Jones v. State, 923 So.2d 486, 489 (Fla.2006) (holding that when requesting a new trial on the basis of a missing or lost transcript, the defendant bears the burden of demonstrating that a prejudicial error occurred in the trial court); see also Armstrong v. State, 862 So.2d 705, 721 (Fla.2003) (finding that a new trial was not warranted where the defendant "failed to link a meritorious appellate issue to the allegedly missing record and thus cannot establish that he was prejudiced by its absence"); Darling v. State, 808 So.2d 145, 163 (Fla.2002) (finding unpersuasive Darling's argument th

2008See Jones v. State, 923 So.2d 486, 489 (Fla.2006) (holding that when requesting a new trial on the basis of a missing or lost transcript, the defendant bears the burden of demonstrating that a prejudicial error occurred in the trial court); Armstrong v. State, 862 So.2d 705, 721 (Fla.2003) (finding that a new trial was not warranted where the defendant "failed to link a meritorious appellate issue to the allegedly missing record and thus cannot establish that he was prejudiced by its absence"); Darling v. State, 808 So.2d 145, 163 (Fla.2002) (finding unpersuasive Darling's argument that becaus

33
Armstrong v. Stategreen
fla · 2003 · cited in 3 Florida opinions naming this issue, 2008–2008
2 sentences

2008See Jones v. State, 923 So.2d 486, 489 (Fla.2006) (holding that when requesting a new trial on the basis of a missing or lost transcript, the defendant bears the burden of demonstrating that a prejudicial error occurred in the trial court); see also Armstrong v. State, 862 So.2d 705, 721 (Fla.2003) (finding that a new trial was not warranted where the defendant "failed to link a meritorious appellate issue to the allegedly missing record and thus cannot establish that he was prejudiced by its absence"); Darling v. State, 808 So.2d 145, 163 (Fla.2002) (finding unpersuasive Darling's argument th

2008See Jones v. State, 923 So.2d 486, 489 (Fla.2006) (holding that when requesting a new trial on the basis of a missing or lost transcript, the defendant bears the burden of demonstrating that a prejudicial error occurred in the trial court); Armstrong v. State, 862 So.2d 705, 721 (Fla.2003) (finding that a new trial was not warranted where the defendant "failed to link a meritorious appellate issue to the allegedly missing record and thus cannot establish that he was prejudiced by its absence"); Darling v. State, 808 So.2d 145, 163 (Fla.2002) (finding unpersuasive Darling's argument that becaus

33
State v. DiGuiliogreen
fla · 1986 · cited in 4 Florida opinions naming this issue, 1998–2025
2 sentences

2025See In re Amends., 696 So. 2d at 1104 . 5 The court from there acknowledged that the Legislature is free to “implement this constitutional right” by “plac[ing] reasonable conditions upon it,” including conditioning “the right to appeal upon the preservation of a prejudicial error or the assertion of a fundamental error.” Id. at 1104–05; cf. State v. DiGuilio, 491 So. 2d 1129, 1134 (Fla. 1986) (stating that the Legislature had the “unquestioned” authority to enact a statute requiring an appellate court to find preserved, harmful errors before it reverses a judgment).

1999Weekly D1540 , 1998 WL 329502 (Fla. 4th DCA 1998), for nonconstitutional errors we apply the prejudicial error test of section 924.051 rather than the constitutional harmless error test of State v. DiGuilio, 491 So.2d 1129 (Fla. 1986).

24
Jaimes v. Stategreen
fla · 2010 · cited in 2 Florida opinions naming this issue, 2024–2024
2 sentences

2024The truly inconsistent verdict constituted fundamental error.7 “[A]n unpreserved error may be reviewed on appeal only if it rises to the level of fundamental error.” Jaimes v. State, 51 So. 3d 445, 448 (Fla. 2010); see also § 924.051(3), Fla. Stat. (2024) (“An appeal may not be taken from a judgment or order of a trial court unless a prejudicial error is alleged and is properly preserved or, if not properly preserved, would constitute fundamental error.”).

2024The truly inconsistent verdict constituted fundamental error.7 “[A]n unpreserved error may be reviewed on appeal only if it rises to the level of fundamental error.” Jaimes v. State, 51 So. 3d 445, 448 (Fla. 2010); see also § 924.051(3), Fla. Stat. (2024) (“An appeal may not be taken from a judgment or order of a trial court unless a prejudicial error is alleged and is properly preserved or, if not properly preserved, would constitute fundamental error.”).

22
Sanford v. Rubingreen
fla · 1970 · cited in 2 Florida opinions naming this issue, 2024–2024
2 sentences

2024Explaining the standard for identifying fundamental error, the Florida Supreme Court has stated: In defining the scope of the fundamental error doctrine, we have explained that a fundamental error is one that “goes to the foundation of the case or goes to the merits of the cause of action.” Sanford v. Rubin, 237 So. 2d 134, 137 (Fla. 1970).

2024Explaining the standard for identifying fundamental error, the Florida Supreme Court has stated: In defining the scope of the fundamental error doctrine, we have explained that a fundamental error is one that “goes to the foundation of the case or goes to the merits of the cause of action.” Sanford v. Rubin, 237 So. 2d 134, 137 (Fla. 1970).

22
Goodwin v. Stategreen
fla · 1999 · cited in 2 Florida opinions naming this issue, 2015–2019
2 sentences

2019See § 90.608, Fla. Stat. (“Any party . . . may attack the 3 See Goodwin v. State, 751 So. 2d 537, 544 (Fla. 1999) (“[T]he defendant bears the burden of demonstrating that an error occurred in the trial court, which was preserved by proper objection.”); § 924.051(7), Fla. Stat. (“[T]he party challenging the judgment or order of the trial court has the burden of demonstrating that a prejudicial error occurred in the trial court.”). 6 credibility of a witness by: (1) Introducing statements of the witness which are inconsistent with the witness’s present testimony. . . .”).

2015See Jackson, 983 So.2d at 568 (“Errors that have not been preserved by contemporaneous objection can be considered on direct appeal only if the error is fundamental.” (citing Goodwin v. State, 751 So.2d 537, 544 (Fla.1999))); see also § 924.051(3), Fla. Stat. (2008) (“An appeal may not be taken from a judgment or order of a trial court unless a prejudicial error is alleged and is properly preserved or, if not properly preserved, would constitute fundamental error.”).

22
Rodas v. Stategreen
fladistctapp · 2007 · cited in 2 Florida opinions naming this issue, 2011–2013
2 sentences

2013See Rodas v. State, 967 So.2d 444, 446 (Fla. 4th DCA 2007) (“The general rule is that a reversal in a criminal case must be based on a prejudicial error that was preserved by a timely objection in the trial court.”).

2011See Rodas v. State, 967 So.2d 444, 446-47 (Fla. 4th DCA 2007) ("There is a difference between `per se reversible error' and `fundamental error.' The general rule is that a reversal in a criminal case must be based on a prejudicial error that was preserved by a timely objection in the trial court.

22
Ferguson v. Singletarygreen
fla · 1993 · cited in 2 Florida opinions naming this issue, 2008–2008
2 sentences

2008See Jones v. State, 923 So.2d 486, 489 (Fla.2006) (holding that when requesting a new trial on the basis of a missing or lost transcript, the defendant bears the burden of demonstrating that a prejudicial error occurred in the trial court); see also Armstrong v. State, 862 So.2d 705, 721 (Fla.2003) (finding that a new trial was not warranted where the defendant "failed to link a meritorious appellate issue to the allegedly missing record and thus cannot establish that he was prejudiced by its absence"); Darling v. State, 808 So.2d 145, 163 (Fla.2002) (finding unpersuasive Darling's argument th

2008See Jones v. State, 923 So.2d 486, 489 (Fla.2006) (holding that when requesting a new trial on the basis of a missing or lost transcript, the defendant bears the burden of demonstrating that a prejudicial error occurred in the trial court); Armstrong v. State, 862 So.2d 705, 721 (Fla.2003) (finding that a new trial was not warranted where the defendant "failed to link a meritorious appellate issue to the allegedly missing record and thus cannot establish that he was prejudiced by its absence"); Darling v. State, 808 So.2d 145, 163 (Fla.2002) (finding unpersuasive Darling's argument that becaus

22
De Abreu v. Stategreen
fladistctapp · 1991 · cited in 2 Florida opinions naming this issue, 2000–2002
2 sentences

2002See Peart, 756 So.2d at 47 (citing Perriello v. State, 684 So.2d 258, 259 (Fla. 4th DCA 1996); Marriott v. State, 605 So.2d 985, 987 (Fla. 4th DCA 1992); De Abreu v. State, 593 So.2d 233, 234 (Fla. 1st DCA 1991)).

2000See Peart, 756 So.2d at 47 (citing Perriello v. State, 684 So.2d 258, 259 (Fla. 4th DCA 1996); Marriott v. State, 605 So.2d 985, 987 (Fla. 4th DCA 1992); De Abreu v. State, 593 So.2d 233, 234 (Fla. 1st DCA 1991)).

22
Marriott v. Stategreen
fladistctapp · 1992 · cited in 2 Florida opinions naming this issue, 2000–2002
2 sentences

2002See Peart, 756 So.2d at 47 (citing Perriello v. State, 684 So.2d 258, 259 (Fla. 4th DCA 1996); Marriott v. State, 605 So.2d 985, 987 (Fla. 4th DCA 1992); De Abreu v. State, 593 So.2d 233, 234 (Fla. 1st DCA 1991)).

2000See Peart, 756 So.2d at 47 (citing Perriello v. State, 684 So.2d 258, 259 (Fla. 4th DCA 1996); Marriott v. State, 605 So.2d 985, 987 (Fla. 4th DCA 1992); De Abreu v. State, 593 So.2d 233, 234 (Fla. 1st DCA 1991)).

22
Perriello v. Stategreen
fladistctapp · 1996 · cited in 2 Florida opinions naming this issue, 2000–2002
2 sentences

2002See Peart, 756 So.2d at 47 (citing Perriello v. State, 684 So.2d 258, 259 (Fla. 4th DCA 1996); Marriott v. State, 605 So.2d 985, 987 (Fla. 4th DCA 1992); De Abreu v. State, 593 So.2d 233, 234 (Fla. 1st DCA 1991)).

2000See Peart, 756 So.2d at 47 (citing Perriello v. State, 684 So.2d 258, 259 (Fla. 4th DCA 1996); Marriott v. State, 605 So.2d 985, 987 (Fla. 4th DCA 1992); De Abreu v. State, 593 So.2d 233, 234 (Fla. 1st DCA 1991)).

22
Peart v. Stategreen
fla · 2000 · cited in 2 Florida opinions naming this issue, 2000–2002
2 sentences

2002See Peart, 756 So.2d at 47 (citing Perriello v. State, 684 So.2d 258, 259 (Fla. 4th DCA 1996); Marriott v. State, 605 So.2d 985, 987 (Fla. 4th DCA 1992); De Abreu v. State, 593 So.2d 233, 234 (Fla. 1st DCA 1991)).

2000See Peart, 756 So.2d at 47 (citing Perriello v. State, 684 So.2d 258, 259 (Fla. 4th DCA 1996); Marriott v. State, 605 So.2d 985, 987 (Fla. 4th DCA 1992); De Abreu v. State, 593 So.2d 233, 234 (Fla. 1st DCA 1991)).

22
Amend. to Fla. Rules of Appellate Proc.green
fla · 1996 · cited in 7 Florida opinions naming this issue, 1997–1998
2 sentences

1998The supreme court has expressed the belief that "the legislature could reasonably condition the right to appeal upon the preservation of a prejudicial error or the assertion of a fundamental error." Amendments, 685 So.2d at 775 .

1998The supreme court has expressed the belief that “the legislature could reasonably condition the right to appeal upon the preservation of a prejudicial error or the assertion of a fundamental error.” Amendments, 685 So.2d at 775 .

17
Cargle v. Stategreen
fla · 2000 · cited in 2 Florida opinions naming this issue, 2002–2026
2 sentences

2026“A conviction or sentence may not be reversed absent an express finding that a prejudicial error occurred in the trial court.” Cargle v. State, 770 So. 2d 1151, 1153 (Fla. 2000) (quoting § 924.051(7), Fla. Stat.).

2002In Cargle v. State, 770 So.2d 1151 , 1153— 54 (Fla.2000), the Florida Supreme Court held that the preservation provisions of section 924.051 apply to sentencing errors in so-called “hybrid” proceedings in which juveniles are prosecuted and sentenced as adults.

12
Florida Power & Light Company v. McCollumgreen
fla · 1962 · cited in 2 Florida opinions naming this issue, 2007–2013
2 sentences

2013Id. (quoting Fla. Power & Light v. McCollum, 140 So.2d 569, 569 (Fla.1962)).

2007Furthermore, *349 "[a] `miscarriage of justice' arises where instructions are `reasonably calculated to confuse or mislead' the jury." Goldschmidt, 571 So.2d at 425 (citing Fla. Power & Light Co. v. McCollum, 140 So.2d 569 (Fla.1962)).

12
John v. Stategreen
fladistctapp · 1999 · cited in 1 Florida opinions naming this issue, 2026–2026
1 sentence

2026See Clark v. Munroe, 407 So. 2d 1036, 1037 (Fla. 1st DCA 1981) (“The parties cannot by stipulation control questions of law.”); Sigismondi v. State, 380 So. 3d 1208 , 1218 n.1 (Fla. 2d DCA 2024) (“[E]ven where ‘the State has not argued the lack of preservation in an appeal[,] this court has an independent obligation to ensure that an alleged prejudicial error was properly preserved for appellate review.’ Consequently, ‘while this independent obligation does not excuse parties from raising on appeal the issue of whether an alleged error is properly preserved, we will not base a reversal on an u

11
State v. Castillogreen
fla · 1986 · cited in 1 Florida opinions naming this issue, 2026–2026
1 sentence

2026A party’s challenge to the exercise of “peremptories must be raised prior to the jury being sworn.” State v. Castillo, 486 So. 2d 565, 565 (Fla. 1986).

11
Melbourne v. Stategreen
fla · 1996 · cited in 1 Florida opinions naming this issue, 2026–2026
1 sentence

2026See Clark v. Munroe, 407 So. 2d 1036, 1037 (Fla. 1st DCA 1981) (“The parties cannot by stipulation control questions of law.”); Sigismondi v. State, 380 So. 3d 1208 , 1218 n.1 (Fla. 2d DCA 2024) (“[E]ven where ‘the State has not argued the lack of preservation in an appeal[,] this court has an independent obligation to ensure that an alleged prejudicial error was properly preserved for appellate review.’ Consequently, ‘while this independent obligation does not excuse parties from raising on appeal the issue of whether an alleged error is properly preserved, we will not base a reversal on an u

11
Clark v. Munroegreen
fladistctapp · 1981 · cited in 1 Florida opinions naming this issue, 2026–2026
1 sentence

2026See Clark v. Munroe, 407 So. 2d 1036, 1037 (Fla. 1st DCA 1981) (“The parties cannot by stipulation control questions of law.”); Sigismondi v. State, 380 So. 3d 1208 , 1218 n.1 (Fla. 2d DCA 2024) (“[E]ven where ‘the State has not argued the lack of preservation in an appeal[,] this court has an independent obligation to ensure that an alleged prejudicial error was properly preserved for appellate review.’ Consequently, ‘while this independent obligation does not excuse parties from raising on appeal the issue of whether an alleged error is properly preserved, we will not base a reversal on an u

11
Joseph v. Stategreen
fladistctapp · 2018 · cited in 1 Florida opinions naming this issue, 2025–2025
1 sentence

2025See Baxter v. State, 318 So. 3d 601 , 603 (Fla. 3d DCA 2021) (“Where ‘a rational trier of fact could lawfully find that the evidence proved the existence of all the elements of the crime . . . beyond a reasonable doubt,’ the appellate court should defer to the trial court’s denial of a motion for judgment of acquittal.” (quoting Sandhaus v. State, 200 So. 3d 112, 114 (Fla. 5th DCA 2016))); Senser v. State, 243 So. 3d 1003, 1010 (Fla. 4th DCA 2018) (“Trial judges have wide discretion in decisions regarding jury instructions, and the appellate courts will not reverse a decision regarding an inst

11
State v. Revenelgreen
fladistctapp · 2016 · cited in 1 Florida opinions naming this issue, 2025–2025
1 sentence

2025See Baxter v. State, 318 So. 3d 601 , 603 (Fla. 3d DCA 2021) (“Where ‘a rational trier of fact could lawfully find that the evidence proved the existence of all the elements of the crime . . . beyond a reasonable doubt,’ the appellate court should defer to the trial court’s denial of a motion for judgment of acquittal.” (quoting Sandhaus v. State, 200 So. 3d 112, 114 (Fla. 5th DCA 2016))); Senser v. State, 243 So. 3d 1003, 1010 (Fla. 4th DCA 2018) (“Trial judges have wide discretion in decisions regarding jury instructions, and the appellate courts will not reverse a decision regarding an inst

11
Talley v. Stategreen
fladistctapp · 2019 · cited in 1 Florida opinions naming this issue, 2025–2025
1 sentence

2025See Baxter v. State, 318 So. 3d 601 , 603 (Fla. 3d DCA 2021) (“Where ‘a rational trier of fact could lawfully find that the evidence proved the existence of all the elements of the crime . . . beyond a reasonable doubt,’ the appellate court should defer to the trial court’s denial of a motion for judgment of acquittal.” (quoting Sandhaus v. State, 200 So. 3d 112, 114 (Fla. 5th DCA 2016))); Senser v. State, 243 So. 3d 1003, 1010 (Fla. 4th DCA 2018) (“Trial judges have wide discretion in decisions regarding jury instructions, and the appellate courts will not reverse a decision regarding an inst

11
Sandhaus v. Stategreen
fladistctapp · 2016 · cited in 1 Florida opinions naming this issue, 2025–2025
1 sentence

2025See Baxter v. State, 318 So. 3d 601 , 603 (Fla. 3d DCA 2021) (“Where ‘a rational trier of fact could lawfully find that the evidence proved the existence of all the elements of the crime . . . beyond a reasonable doubt,’ the appellate court should defer to the trial court’s denial of a motion for judgment of acquittal.” (quoting Sandhaus v. State, 200 So. 3d 112, 114 (Fla. 5th DCA 2016))); Senser v. State, 243 So. 3d 1003, 1010 (Fla. 4th DCA 2018) (“Trial judges have wide discretion in decisions regarding jury instructions, and the appellate courts will not reverse a decision regarding an inst

11
State v. Jeffersongreen
fla · 2000 · cited in 1 Florida opinions naming this issue, 2021–2021
11
Naderi v. Naderigreen
fladistctapp · 2017 · cited in 1 Florida opinions naming this issue, 2021–2021
11
Straight v. Stategreen
fla · 1981 · cited in 1 Florida opinions naming this issue, 2019–2019
11
Orme v. Stategreen
fla · 2005 · cited in 1 Florida opinions naming this issue, 2019–2019
11
Sheena Latson v. State of Floridagreen
fladistctapp · 2016 · cited in 1 Florida opinions naming this issue, 2017–2017
11
Castor v. Stategreen
fla · 1978 · cited in 1 Florida opinions naming this issue, 2017–2017
11
Jackson v. Stategreen
fla · 2008 · cited in 1 Florida opinions naming this issue, 2015–2015
11
State v. Hamiltongreen
fla · 1991 · cited in 1 Florida opinions naming this issue, 2012–2012
11
Kokal v. Stategreen
fla · 2005 · cited in 1 Florida opinions naming this issue, 2010–2010
11
Berman Leasing Co. v. Brumagegreen
fladistctapp · 1969 · cited in 1 Florida opinions naming this issue, 2006–2006
11
Barbour v. Brinker Florida, Inc.green
fladistctapp · 2001 · cited in 1 Florida opinions naming this issue, 2005–2005
11
Lacey v. Stategreen
fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2005–2005
11
Giles v. Stategreen
fladistctapp · 2002 · cited in 1 Florida opinions naming this issue, 2005–2005
11
Tillman v. Stategreen
fla · 1985 · cited in 1 Florida opinions naming this issue, 2005–2005
11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Amend. to Fla. Rules of Appellate Proc.green
fla · 1996 · cited in 7 Florida opinions naming this issue, 1997–1998
2 sentences

1998The supreme court has expressed the belief that "the legislature could reasonably condition the right to appeal upon the preservation of a prejudicial error or the assertion of a fundamental error." Amendments, 685 So.2d at 775 .

1998The supreme court has expressed the belief that “the legislature could reasonably condition the right to appeal upon the preservation of a prejudicial error or the assertion of a fundamental error.” Amendments, 685 So.2d at 775 .

17

Also cited on this issue (23)

CaseCitedYears
Goldschmidt v. Holman green
fla · 1990
2 sentences

2013Id. (quoting Fla. Power & Light v. McCollum, 140 So.2d 569, 569 (Fla.1962)).

2007"Prejudicial error requiring a reversal of judgment or a new trial occurs only where `the error complained of has resulted in a miscarriage of justice.'" Id. ; § 59.041, Fla. Stat. (2006).

41995–2013
Conner v. State green
fladistctapp · 2008
2 sentences

2026See Clark v. Munroe, 407 So. 2d 1036, 1037 (Fla. 1st DCA 1981) (“The parties cannot by stipulation control questions of law.”); Sigismondi v. State, 380 So. 3d 1208 , 1218 n.1 (Fla. 2d DCA 2024) (“[E]ven where ‘the State has not argued the lack of preservation in an appeal[,] this court has an independent obligation to ensure that an alleged prejudicial error was properly preserved for appellate review.’ Consequently, ‘while this independent obligation does not excuse parties from raising on appeal the issue of whether an alleged error is properly preserved, we will not base a reversal on an u

2024As we have explained, even where "the State has not argued the lack of preservation in [an] appeal . . . this court has an independent obligation to ensure that an alleged prejudicial error was properly preserved for appellate review." Conner v. State, 987 So. 2d 130 , 132 n.2 (Fla. 2d DCA 2008).

22024–2026
Roviaro v. United States green
scotus · 1957
2 sentences

2023Id. at 64- 65.

2002The Court noted that the CI may have thrown doubt on the defendant's identity, among other issues, and explained that "[t]he desirability of calling [the informant] as a witness, or at least interviewing him in preparation for trial, was a matter for the accused rather than the Government to decide." 353 U.S. at 64 , 77 S.Ct. 623 .

22002–2023
Kotteakos v. United States green
scotus · 1946
2 sentences

1999As the United States Supreme Court observed in Kotteakos v. United States, 328 U.S. 750 , 66 S.Ct. 1239 , 90 L.Ed. 1557 (1946), harmless error statutes were adopted by the states, as well as Congress, in the early part of this century, as a reaction to widespread dissatisfaction with appellate courts routinely reversing criminal convictions.

1999As the United States Supreme Court observed in Kotteakos v. United States, 328 U.S. 750 , 66 S.Ct. 1239 , 90 L.Ed. 1557 (1946), harmless error statutes were adopted by the states, as well as Congress, in the early part of this century, as a reaction to widespread dissatisfaction with appellate courts routinely reversing criminal convictions.

21998–1999
Larkins v. State green
fla · 1995
12019–2019
Young v. State green
fla · 1970
12019–2019
State of Florida v. Adrea Vernique Wiley green
fladistctapp · 2015
12017–2017
Hains v. Hains green
lactapp · 2010
12014–2014
Tapanes v. State green
fladistctapp · 2010
12012–2012
State v. Roberts green
fladistctapp · 2007
12012–2012
Harvey v. State green
fla · 2003
12008–2008
Brannon v. State green
fla · 2003
12008–2008
Collins Fruit Company v. Giglio green
fladistctapp · 1966
12005–2005
Maddox v. State green
fla · 2000
12001–2001
Lightfoot v. State green
fladistctapp · 1991
11999–1999
Mason v. State green
fladistctapp · 1998
11999–1999
Chapman v. California red
scotus · 1967
11999–1999
State v. Callaway green
fla · 1995
11997–1997
Davis v. State green
fla · 1995
11997–1997
Levin v. Hanks green
fladistctapp · 1978
11989–1989
Theard v. Louisiana State Bar Ass'n green
scotus · 1954
11983–1983
Food Fair, Inc. v. Anderson green
fladistctapp · 1980
11983–1983
Crawford v. State green
fladistctapp · 1975
11983–1983

Statutes the citing opinions construe

FL § 924.051 (36) FL § 782.04 (5) FL § 59.041 (3) FL § 775.084 (3) FL § 775.087 (3) FL § 784.07 (3) FL § 794.011 (3) FL § 812.131 (3) FL § 90.404 (3) FL § 924.06 (3) FL § 924.33 (3)

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 871 (1882–2026) OH 607 (1928–2026) NC 216 (1940–2026) IL 173 (1899–2026) LA 157 (1927–2025) MO 134 (1889–2025) WA 129 (1908–2026) SD 123 (1913–2026) MA 94 (1961–2026) FL 83 (1933–2026) WY 61 (1965–2025) NE 60 (1899–2021) NY 56 (1916–2024) AL 55 (1911–2008) OK 54 (1915–2021) ID 46 (1887–2025) KY 45 (1912–2022) CO 43 (1905–2026) AR 39 (1897–2025) PA 39 (1936–2026) MN 35 (1903–2024) UT 34 (1938–2026) MD 32 (1927–2026) IA 31 (1887–2026) TN 29 (1932–2026) WI 28 (1904–2004) ME 27 (1980–2025) MI 27 (1897–2021) OR 25 (1923–2026) TX 25 (1916–2026) NJ 23 (1952–2025) VA 22 (1934–2024) KS 21 (1894–2017) AZ 19 (1945–2026) WV 17 (1921–2017) SC 16 (1936–2025) MT 16 (1899–2017) DC 16 (1977–2012) MS 14 (1926–2014) GA 13 (1954–2003) NV 13 (1954–2017) VT 10 (1917–1988) NM 9 (1972–2024) IN 9 (1891–2018) ND 8 (1904–2013) DE 6 (1979–2020) PR 6 (1910–1968) CT 5 (1964–1999) AK 5 (1975–2021) RI 3 (1973–2015) HI 3 (1987–2022) NH 2 (1986–1999)

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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