What is the legal test for admitting an error in a witness record?
California, United States of America
The following excerpt is from People v. Simmons, G044414 (Cal. App. 2012):
7. Defendant suggests the error should be evaluated under the higher standard set forth in Chapman v. California (1967) 386 U.S. 18, 24. But that standard applies when admission of testimonial hearsay violates the confrontation clause. (People v. Geier (2007) 41 Cal.4th 555, 597, 608.) Defendant fails to show the challenged documents were testimonial. He similarly fails to support his amorphous assertion of a due process violation.
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