How has the harmless error rule been interpreted in the context of the Sheppard case?
California, United States of America
The following excerpt is from People v. Scott, 229 Cal.App.3d 707, 280 Cal.Rptr. 274 (Cal. App. 1991):
The Sheppard court focused most of its attention on the question of whether the harmless error rule applied to this denial of due process. It held that despite Chapman v. California (1967) 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705, the harmless error rule did not apply, since the constitutional error in Sheppard was of a fundamental nature. The court stated:
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