Does the cumulative error rule apply to a defendant?

California, United States of America


The following excerpt is from People v. Mays, E070904 (Cal. App. 2020):

Defendant argues the evidentiary errors, even if not individually prejudicial, had the cumulative effect of denying him the right to a fair trial. "Cumulative error is present when the combined effect of the trial court's errors is prejudicial or harmful to the defendant. [Citations.] Although a defendant is entitled to a fair trial, he or she is not entitled to 'a perfect one.' [Citation.] Even though the cumulative error rule recognizes the value in the efficient administration of justice, it does not elevate it above the protection of individual rights." (People v. Capers (2019) 7 Cal.5th 989, 1017.)

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