Does the failure of counsel or the court to explain this defense constitute harmless error?
MultiRegion, United States of America
The following excerpt is from Creech v. Arave, 947 F.2d 873 (9th Cir. 1991):
The state argues, however, that the failure of counsel or the court to explain this defense constituted harmless error. See United States v. Lopez, 575 F.2d 681, 685 (9th Cir.1978) (Where a constitutional error is found, an appellate court's duty is to reverse unless it is "able to declare a belief that it was harmless beyond a reasonable doubt.") (quoting Chapman v. California, 386 U.S. 18, 24, 87 S.Ct. 824, 828, 17 L.Ed.2d 705 (1967)).
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