What is the burden of showing prejudice against a defendant in an appeal?

California, United States of America


The following excerpt is from People v. Hajek, S049626 (Cal. 2014):

record [citation], and defendant bears the burden of demonstrating that the record is inadequate to permit meaningful appellate review [citation].' " [Citations.]' [Citation.] 'The record on appeal is inadequate . . . only if the complained-of deficiency is prejudicial to the defendant's ability to prosecute his appeal. [Citation.] It is the defendant's burden to show prejudice of this sort. [Citation.]' [Citation.] 'Moreover, irregularities in the preliminary hearing are no basis for reversal on appeal unless defendant can demonstrate a resulting unfairness in the subsequent trial. [Citations.]' [Citation.]" (People v. Tully (2012) 54 Cal.4th 952, 1070, fn. omitted.) Hence, a showing of prejudice requires more than merely listing the occasions on which there was an off-the-record discussion, and it is insufficient to simply "link each missing transcript to various arguments without explaining why the missing transcript had any impact . . . on [the defendant's] ability to raise the issue or on our ability to review it." (Id. at p. 1075.)

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