Can an error be held harmless beyond a reasonable doubt?
California, United States of America
The following excerpt is from People v. Hansen, 36 Cal.Rptr.2d 609, 885 P.2d 1022, 9 Cal.4th 300 (Cal. 1994):
Even if it were not automatically reversible, the error here cannot be held harmless beyond a reasonable doubt. Such a conclusion could be reached if, and only if, the jury's guilty verdict on murder in the second degree "was surely unattributable to the error." (Sullivan v. Louisiana, supra, 508 U.S. at p. ----, 113 S.Ct. at p. 2081.) As explained in the text, that condition is not, and cannot be, satisfied here.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the federal harmless error standard for determining that an error was harmless beyond a reasonable doubt? (California, United States of America)
If defendant fails to establish all the errors of the trial court as a cumulative result of the cumulative error, can he continue to argue that the cumulative effect of the error was harmless beyond a reasonable doubt and mandates reversal? (California, United States of America)
How has the prosecution and defense argued that the error in Beeman error was harmless beyond a reasonable doubt? (California, United States of America)
If an instruction omits a required definition of an offence is harmless only if the error is proven beyond a reasonable doubt, can the error be reversed? (California, United States of America)
How have courts found an error of error harmless beyond a reasonable doubt? (California, United States of America)
Does the error in admitting an offence be harmless beyond a reasonable doubt? (California, United States of America)
What is the standard of review for determining that any error was harmless beyond a reasonable doubt? (California, United States of America)
Does a trial court error of inadequately warning a defendant of the pitfalls and hazards involved in self-representation constitute harmless beyond a reasonable doubt? (California, United States of America)
Is a defendant's contention that an error in judgment is harmless beyond a reasonable doubt? (California, United States of America)
Does the absence of lingering doubt from a recitation of evidence the defense offered in an attempt to raise reasonable doubt raise a reasonable doubt? (California, United States of America)
