The following excerpt is from Dubria v. Smith, 224 F.3d 995 (9th Cir. 2000):
3. We do not assume that the opinions of an investigating officer are presumptively prejudicial. Cf. United States v. Harber, 53 F.3d 236, 238, 240-41 (9th Cir. 1995) (presuming prejudice when law enforcement officer's report, introduced into evidence only for identification and to refresh officer's memory as to certain facts, which included statements that officer thought defendant was guilty, was mistakenly given to the jury for their deliberations and was read by them).
3. We do not assume that the opinions of an investigating officer are presumptively prejudicial. Cf. United States v. Harber, 53 F.3d 236, 238, 240-41 (9th Cir. 1995) (presuming prejudice when law enforcement officer's report, introduced into evidence only for identification and to refresh officer's memory as to certain facts, which included statements that officer thought defendant was guilty, was mistakenly given to the jury for their deliberations and was read by them).
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