What is the test for determining whether an error in a jury verdict is harmless?

California, United States of America


The following excerpt is from People v. Capitani, D072193 (Cal. App. 2018):

In making this determination, we do not merely review the record for substantial evidence; rather, we must " 'conduct a thorough examination of the record. If, at the end of that examination, the court cannot conclude beyond a reasonable doubt that the jury verdict would have been the same absent the errorfor example, where the defendant contested the omitted element and raised evidence sufficient to support a contrary findingit should not find the error harmless.' " (People v. Mil (2012) 53 Cal.4th 400, 417 (Mil), quoting Neder v. United States (1999) 527 U.S. 1, 19, italics added.)

Page 14

Other Questions


What is the test for determining whether an error in a jury verdict is harmless? (California, United States of America)
What is the federal harmless error standard for determining that an error was harmless beyond a reasonable doubt? (California, United States of America)
Does section 669 of the California Criminal Code apply to determine whether a determinate or determinate sentence should run concurrently with an indeterminate sentence? (California, United States of America)
When faced with a prosecutor's comment that a defendant's refusal to testify may constitute a harmless error, is this harmless error? (California, United States of America)
When faced with a prosecutor's comment that a defendant's refusal to testify may constitute a harmless error, is this harmless error? (California, United States of America)
Does the error of instructing the jury to determine whether the private driveway in which the drug sale took place was a public area constitute an error? (California, United States of America)
What is the test for determining whether a trial court's error contributed to a jury's error? (California, United States of America)
What is the test for determining whether a search warrant can be used to determine whether or not a search and seizure of a suspect was unlawful? (California, United States of America)
What is the test for determining whether an error can be deemed harmless beyond a reasonable doubt? (California, United States of America)
What is the difference between clerical error in recording a verdict and deliberative error in reaching a verdict? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.