evidence was harmless error (Florida) · Go Syfert
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evidence was harmless error in Florida

11 Florida opinions name it 2 courts 1968–2015 0 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 (6)

CaseFollowedCited
State v. DiGuiliogreen
fla · 1986 · cited in 5 Florida opinions naming this issue, 1988–1995
2 sentences

1995See State v. DiGuilio, 491 So.2d 1129 (Fla. 1986).

1994State v. DiGuilio, 491 So.2d 1129 (Fla. 1986).

35
Sims v. Stategreen
fladistctapp · 2003 · cited in 1 Florida opinions naming this issue, 2015–2015
1 sentence

2015See Sims, 839 So.2d at 812 (“It cannot be said that the admission of this evidence was harmless error because identification of Sims as the perpetrator rested on the testimony of a single witness.”).

11
Straight v. Stategreen
fla · 1981 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008In fact, such evidence "is presumed harmful error because of the danger that a jury will take the bad character or propensity to crime thus demonstrated as evidence of guilt of the crime charged." Straight v. State, 397 So.2d 903, 908 (Fla.1981).

11
Garrette v. Stategreen
fladistctapp · 1987 · cited in 1 Florida opinions naming this issue, 2002–2002
1 sentence

2002Jackson v. State, 627 So.2d 70, 72 (Fla. 5th DCA 1993); Garrette v. State, 501 So.2d 1376, 1377-78 (Fla. 1st DCA 1987).

11
Jackson v. Stategreen
fladistctapp · 1993 · cited in 1 Florida opinions naming this issue, 2002–2002
1 sentence

2002Jackson v. State, 627 So.2d 70, 72 (Fla. 5th DCA 1993); Garrette v. State, 501 So.2d 1376, 1377-78 (Fla. 1st DCA 1987).

11
Sheffield v. Superior Insurance Co.green
fladistctapp · 1999 · cited in 1 Florida opinions naming this issue, 2001–2001
1 sentence

2001See id. at 539-40 .

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
Gilbert v. California green
scotus · 1967
2 sentences

1983In the companion case of Gilbert v. California, 388 U.S. 263 , 87 S.Ct. 1951 , 18 L.Ed.2d 1178 (1967), the United States Supreme Court addressed a similar issue and vacated a conviction pending such proceedings as the California Supreme Court should determine appropriate to afford the state an opportunity to establish that the in-court identifications had an independent source, or in the alternative that their introduction into evidence was harmless error.

1983In the companion case of Gilbert v. California, 388 U.S. 263 , 87 S.Ct. 1951 , 18 L.Ed.2d 1178 (1967), the United States Supreme Court addressed a similar issue and vacated a conviction pending such proceedings as the California Supreme Court should determine appropriate to afford the state an opportunity to establish that the in-court identifications had an independent source, or in the alternative that their introduction into evidence was harmless error.

11983–1983
Chapman v. California yellow
scotus · 1967
2 sentences

1968We therefore think the appropriate procedure to be followed is to vacate the conviction pending a hearing to determine whether the in-court identifications had an independent source, or whether, in any event, the introduction of the evidence was harmless error, Chapman v. State of California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 , and for the District Court to reinstate the conviction or order a new trial, as may be proper.

1968We therefore think the appropriate procedure to be followed is to vacate the conviction pending a hearing to determine whether the in-court identifications had an independent source, or whether, in any event, the introduction of the evidence was harmless error, Chapman v. State of California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 , and for the District Court to reinstate the conviction or order a new trial, as may be proper.

11968–1968

Statutes the citing opinions construe

FL § 90.404 (4) FL § 90.403 (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

FL 11 (1968–2015) PA 7 (1972–2022) CA 6 (1971–2026) IL 6 (1986–2009) MO 5 (1975–2009) MS 4 (1972–2010) TX 4 (1980–2004) TN 4 (1978–2022) NC 3 (1973–1986) SC 3 (2005–2006) MD 3 (1988–2016) OK 3 (1968–1993) IN 3 (1972–2018) MI 3 (1971–2023) OH 3 (1978–2017) WI 2 (1991–2019) NM 2 (1989–2026) KS 2 (1971–1997) IA 2 (1975–1997) NE 2 (2009–2018) AK 2 (1972–1982) WV 2 (1970–2025) CO 2 (1986–1996) UT 2 (1999–2007) NY 2 (1990–2014) MT 2 (1978–1985) RI 2 (2000–2000) GA 2 (1975–1990) AR 2 (1977–2020) LA 2 (1981–1982)

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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