Is denial of the right to jury trial reversible?

California, United States of America


The following excerpt is from Himelsein Mandel Fund Mgmt., LLC v. Fortress Inv. Grp. LLC, B281210 (Cal. App. 2019):

Denial of the right to jury trial is a structural error and is reversible per se. Harmless error analysis is inapplicable, and there is no need to demonstrate prejudice. (People v. Collins (2001) 26 Cal.4th 297, 313.) "[W]here a case improperly is tried to the court rather than to a jury, there is no opportunity meaningfully to assess the outcome that would have ensued in the absence of the error." (Ibid.) We cannot say whether a jury would have decided the case the same or differently, so the error "falls within that class requiring automatic reversal because its effects are '"immeasurable"' and '"def[y] analysis by 'harmless-error' standards."'" (Sandquist, supra, 1 Cal.5th at p. 261.)

Other Questions


Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
What is the test for a motion for a new trial on nonstatutory grounds such as denial of a fair trial after being denied a trial by a jury? (California, United States of America)
Is a denial of a defendant's right to a jury trial reversible? (California, United States of America)
If defendant has no right to present the evidence at trial, has he not established a violation of his right to a fair trial? (California, United States of America)
Does a denial of a motion to set a date for trial violate a defendant's right to a jury trial and due process? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
What are the principles of a motion for a new trial where a witness in a murder trial later dies before the trial has even begun? (California, United States of America)
Can a defendant who is represented by counsel during the first part of a criminal trial invoke his right to self-representation mid-trial? (California, United States of America)
How has the trial court treated the waiver of a defendant's right to stand trial by jury? (California, United States of America)
Can a defendant in a civil case who is seeking personal representation at trial be denied the right to be personally present at trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.