What are the cumulative effect of the trial court's alleged omissions by trial counsel and alleged deficiencies in the evidentiary evidence?

California, United States of America


The following excerpt is from People v. White, B275585 (Cal. App. 2019):

Finally, defendant argues the cumulative effect of the trial court's alleged evidentiary errors and trial counsel's alleged deficiencies warrants reversal of his conviction for second degree murder. "Under the cumulative error doctrine, the reviewing court must 'review each allegation and assess the cumulative effect of any errors to see if it is reasonably probable the jury would have reached a result more favorable to defendant in their absence.' [Citation.] When the cumulative effect of errors deprives the defendant of a fair trial and due process, reversal is required." (People v. Williams (2009) 170 Cal.App.4th 587, 646.)

It is not reasonably probable the jury would have reached a more favorable verdict in the absence of any combination of the alleged omissions by trial counsel and the court's alleged evidentiary errors. As we have already discussed, overwhelming evidence supports defendant's conviction for second degree murder. Moreover, all of the evidentiary errors defendant has raised concern issues that were either collateral to the issue of guilt or that were independently established through properly admitted evidence. Accordingly, we find no denial of due process as the result of cumulative error. (See People v. Grimes (2016) 1 Cal.5th 698, 737.)

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