Is a failure to properly invoke section 170.6 of the California Code of Civil Procedure prejudicial?

California, United States of America


The following excerpt is from James H., In re, 121 Cal.App.3d 268, 175 Cal.Rptr. 141 (Cal. App. 1981):

Under the circumstances of this case, the failure to properly invoke the Code of Civil Procedure section 170.6 challenge was not prejudicial in the sense that it brought about a miscarriage of justice under article VI, section 13 of the California Constitution or that the conviction must be reversed since the error, if any, was harmless beyond a reasonable doubt. (Chapman v. California, 386 U.S. 18, 24, 87 S.Ct. 824, 828, 17 L.Ed.2d 705.)

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