Is a trial court's erroneous instruction adding an extra element to a plaintiff's burden of proof harmless?

MultiRegion, United States of America

The following excerpt is from Hoard v. Hartman, 904 F.3d 780 (9th Cir. 2018):

As a general matter, "[w]hen the trial court erroneously adds an extra element to the plaintiffs burden of proof, it is unlikely that the error will be harmless." Sanders v. City of Newport , 657 F.3d 772, 781 (9th Cir. 2011) (internal alterations and quotation marks omitted) (quoting Clem v. Lomeli , 566 F.3d 1177, 1182 (9th Cir. 2009) ). We have therefore concluded that a district courts erroneous instruction adding an unnecessary element to a plaintiffs burden of proof is not harmless when "it is impossible to determine from the jurys verdict and evidentiary record that the jury would have reached the same result had it been properly instructed." Id. at 78283.

Other Questions


Is there any case law where a trial court committed an instructional error by removing an element of the crime of wiretapping from the instruction? (MultiRegion, United States of America)
In a motion for a new trial, in what circumstances will the US Supreme Court grant a motion to reverse the judgment of the district court and remand for new trial? (MultiRegion, United States of America)
Is a district court's error in denying a plaintiff's demand for a jury trial harmless? (MultiRegion, United States of America)
Does the failure of the trial court to instruct the jury on the elements of the offense compel a reversal of a finding? (MultiRegion, United States of America)
How have the courts dealt with the first instruction and second instruction in a motion to deny an instruction? (MultiRegion, United States of America)
What is the burden of proof in a motion brought by a plaintiff against a federal district court? (MultiRegion, United States of America)
What is the burden of proving that an error in an instruction was so infected by the instruction so infected the entire trial that the resulting conviction violates due process? (MultiRegion, United States of America)
When a party raises a contemporaneous objection to a jury instruction, does the court have to review the original instruction or grant a new trial? (MultiRegion, United States of America)
What is the test for a jury to overturn a finding that the trial court's instruction was erroneous? (MultiRegion, United States of America)
Does a federal court's instruction on the elements of entrapment constitute an abuse of the duty of proof? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.