What is the test for determining whether a jury has found that an ex parte communication was harmless beyond a reasonable doubt?

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.

Page 35

IX. Changes to the Felony Murder Law

Other Questions


What is the test for determining whether a reasonable jury could have found a defendant guilty beyond a reasonable doubt? (California, United States of America)
What is the test for determining whether a reasonable trier of fact could have found a minor guilty beyond a reasonable doubt? (California, United States of America)
What is the test for determining whether a reasonable trier of fact could have found a defendant guilty beyond a reasonable doubt? (California, United States of America)
What is the relevant inquiry in determining whether a reasonable trier of fact could have found a defendant guilty beyond a reasonable doubt? (California, United States of America)
What is the standard for determining whether a reasonable trier of fact could have found the essential elements of a crime beyond a reasonable doubt? (California, United States of America)
What is the test for determining whether a federal error was found to be harmless beyond a reasonable doubt? (California, United States of America)
What is the test for determining whether a reasonable trier of fact could have found defendant guilty beyond a reasonable doubt? (California, United States of America)
What is the test for determining whether a reasonable trier of fact could have found defendant guilty beyond a reasonable doubt? (California, United States of America)
What is the test for determining whether a reasonable trier of fact could have found defendant guilty beyond a reasonable doubt? (California, United States of America)
What is the standard for determining whether a reasonable trier of fact could have found a defendant guilty beyond a reasonable doubt? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.