What is the test for determining whether a defendant is entitled to a fair trial in a criminal case?

California, United States of America


The following excerpt is from People v. Gitelman, B267825 (Cal. App. 2017):

A "series of trial errors, though independently harmless, may in some circumstances rise by accretion to the level of reversible and prejudicial error." (People v. Hill, supra, 17 Cal.4th at p. 844.) However, "[l]engthy criminal trials are rarely perfect, and this court will not reverse a judgment absent a clear

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showing of a miscarriage of justice." (Ibid.; see Bruton v. United States (1968) 391 U.S. 123, 135 ["'A defendant is entitled to a fair trial but not a perfect one'"].)

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