California, United States of America
The following excerpt is from People v. Swinney, B299452 (Cal. App. 2020):
Assuming error that was not forfeited, it was harmless beyond a reasonable doubt. " 'Although [ex parte] communications violate a defendant's right to be present, and represented by counsel, at all critical stages of his trial, and thus constitute federal constitutional error, reversal is not required where the error can be demonstrated harmless beyond a reasonable doubt.' " (People v. Delgado (1993) 5 Cal.4th 312, 330.) Applying that standard here, the result here could not have been more innocuous. The jury's inquiries clearly pertained to the evidence supporting the gang enhancement allegation, which the jury ultimately found to be not true. Any error was harmless beyond a reasonable doubt.
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IX. Changes to the Felony Murder Law
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