What would be the result of a motion to overturn the conviction and remand for a new trial?
MultiRegion, United States of America
The following excerpt is from U.S. v. Cuevas, 847 F.2d 1417 (9th Cir. 1988):
While "some constitutional errors ... are so unimportant and insignificant that they may ... be deemed harmless, not requiring the automatic reversal of the conviction," Chapman v. California, 386 U.S. 18, 22, 87 S.Ct. 824, 827, 17 L.Ed.2d 705 (1967), the constitutional violations in this case are fundamental. I would reverse Cuevas' conviction and remand for a new trial.
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