What is the test for overturning a conviction for errors or irregularities at a preliminary hearing or grand jury proceeding?

California, United States of America


The following excerpt is from People v. Brammer, B247917 (Cal. App. 2015):

"Generally, a conviction will not be reversed because of errors or irregularities that occurred at a preliminary hearing or grand jury proceeding, absent a showing that the asserted errors 'deprived [the defendant] of a fair trial or otherwise resulted in actual prejudice relating to [the] conviction.'" [Citations.] (People v. Carrington (2009) 47 Cal.4th 145, 178.)

c. The judge's purported error was harmless beyond a reasonable doubt

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