What are the consequences of a failure to issue a requested statement of decision?

California, United States of America


The following excerpt is from F.P. v. Monier, 225 Cal.Rptr.3d 504, 3 Cal.5th 1099, 405 P.3d 1076 (Cal. 2017):

the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice." Although in a particular case a trial court's failure to issue a requested statement of decision may amount to a structural defect in the trial mechanism that defies evaluation for harmlessness, we cannot say this type of error "fall[s] into the rare class of mistakes that are reversible per se." ( People v. Sivongxxay, supra, 3 Cal.5th 151, 180.)

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