California, United States of America
The following excerpt is from People v. Kennedy, B264661 (Cal. App. 2020):
If a jury has been instructed on the kill zone theory in error, reversal is not automatic. Instead, we review the error for prejudice under the standard articulated in Chapman v. California (1967) 386 U.S. 18, 24. (People v. Aledamat (2019) 8 Cal.5th 1, 13.) Under this standard, "[t]he reviewing court must reverse the conviction unless, after examining the entire cause, including the evidence, and considering all relevant circumstances, it determines the error was harmless beyond a reasonable doubt." (Ibid.) In other words, the reviewing court must determine beyond a reasonable doubt that a reasonable jury would have rendered the same verdict absent the error. (Canizales, supra, 7 Cal.5th at p. 615.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.