What is the test for overturning a conviction for sexual assault in a federal court?

MultiRegion, United States of America

The following excerpt is from McGuire v. Estelle, 919 F.2d 578 (9th Cir. 1990):

It is well established that errors, even constitutional ones, do not warrant overturning a state conviction unless it is determined that the errors are not harmless. Chapman v. California, 386 U.S. 18, 22, 87 S.Ct. 824, 827, 17 L.Ed.2d 705 (1967). Except where the error is so fundamental that it is deemed harmful per se, which is not the case here, the federal court must examine the entire state court record to determine whether the jury would have reached a different conclusion absent the error. United States v. Hasting, 461 U.S. 499, 509 n. 7, 103 S.Ct. 1974, 1981 n. 7, 76 L.Ed.2d 96 (1983).

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