What is the test for determining whether a single error in a trial is prejudicial to a defendant?

MultiRegion, United States of America

The following excerpt is from United States v. Wilkes, 11 Cal. Daily Op. Serv. 12937, 2011 Daily Journal D.A.R. 15441, 662 F.3d 524 (9th Cir. 2011):

In some cases, although no single trial error examined in isolation is sufficiently prejudicial to warrant reversal, the cumulative effect of multiple errors may still prejudice a defendant. United States v. Frederick, 78 F.3d 1370, 1381 (9th Cir.1996). [W]here the government's case is weak, a defendant is more likely to be prejudiced by the effect of cumulative errors. Id. Our court is particularly sensitive to allegations of prejudice where, as

[662 F.3d 543]

here, the convictions are based on largely uncorroborated testimony of a single accomplice or co-conspirator. United States v. Wallace, 848 F.2d 1464, 1475 (9th Cir.1988).

Other Questions


What is the "plain error" standard for a jury to determine whether a jury has failed to instruct a defendant not to enter into the trial? (MultiRegion, United States of America)
Does a defendant's right to a jury trial extend to the factual determination of whether that defendant has suffered a prior conviction? (MultiRegion, United States of America)
What is the test for determining whether a trial judge's conduct deprived a defendant of a fair trial? (MultiRegion, United States of America)
What is the effect of error in determining whether there was error at the time of trial? (MultiRegion, United States of America)
What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
When there has not been a psychiatric evaluation, hearing or judicial determination of competence, when there has been no evidentiary review of the record, what is the test for determining whether defendant Lowenstein is competent to stand trial? (MultiRegion, United States of America)
What is the test for determining whether a defendant has considered each of the factors that determine whether they have been found liable for damages? (MultiRegion, United States of America)
What is the test for determining whether a defendant is competent to stand trial? (MultiRegion, United States of America)
In determining whether to depart upwards under Section 4A1.3 of the Criminal Code, can a defendant's prior arrest record be used to determine if they have a criminal record? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.