What is the test for determining whether an error in judgment is harmless?

California, United States of America


The following excerpt is from People v. Bangham, H038975 (Cal. App. 2015):

Both parties agree that prejudice must be evaluated under the standard set forth in Chapman v. California (1967) 386 U.S. 18. Under the Chapman standard, the error would be harmless only if we could conclude "beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained." (Id. at p. 24.) "The State bears the burden of proving that an error passes muster under this standard." (Brecht v. Abrahamson (1993) 507 U.S. 619, 630.) Applying Chapman, we conclude the error was not harmless.

Page 59

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