basis of harmless error (Florida) · Go Syfert
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basis of harmless error in Florida

6 Florida opinions name it 2 courts 1981–2010 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 (2)

CaseFollowedCited
State v. DiGuiliogreen
fla · 1986 · cited in 2 Florida opinions naming this issue, 2000–2010
2 sentences

2010“If the appellate court cannot say beyond a reasonable doubt that the error did not affect the verdict, then the error is by definition harmful.” State v. DiGuilio, 491 So.2d 1129, 1139 (Fla.1986).

2000The analysis in respect to this point is necessarily on the basis of abuse of discretion under Cole and not on the basis of harmless error under State v. DiGuilio, 491 So.2d 1129 (Fla.1986).

12
Brooks v. Stateyellow
fla · 2005 · cited in 1 Florida opinions naming this issue, 2010–2010
1 sentence

2010See Brooks, 918 So.2d at 199 (“The trial court’s error in relying on the aggravated child abuse factor in aggravation has no impact on the sentencing determination for either murder....

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 (3)

CaseCitedYears
Taylor v. State green
fla · 1991
1 sentence

2000Although we did find a similar claim as to the denial of an objection to be harmful error in Taylor v. State, 583 So.2d 323 (Fla.1991), we did so on the basis of harmless error record review. [9] In sum, under the circumstances *624 of this case, we do not find that the failure to object to this argument was conduct by counsel that deprived the defendant of a trial whose result was reliable.

12000–2000
Gormley v. GTE Products Corp. green
fla · 1991
1 sentence

1999In Gormley v. GTE Products Corp., 587 So.2d 455 (Fla.1991), the Florida Supreme Court unequivocally ruled that introduction of evidence of collateral-source benefits in a liability trial, over objection, is reversible error.

11999–1999
Murray v. State green
fla · 1981
1 sentence

1981It also seems clear that the harmless error rule set forth in Section 924.33, Florida Statutes (1979), cannot be resorted to in order to cure the error because as the Supreme Court held in Murray v. State, 403 So.2d 417 (Fla.1981): The district court of appeal in the case sub judice held that Rule 3.390 had a mandatory meaning, but affirmed the conviction of the defendant on the basis of harmless error.

11981–1981

Where else courts name it

IL 25 (2007–2026) WY 9 (2002–2017) MI 6 (2003–2025) FL 6 (1981–2010) CA 3 (2005–2015) SC 2 (1985–1988) CT 2 (1994–2017)

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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