Harmless Error - Revision history

Ibjadmin: /* How to apply the harmless error test */

2010-11-18T13:47:46Z

How to apply the harmless error test

← Older revision		Revision as of 15:47, 18 November 2010
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	----		----
	See [[Error]]		See [[Appeals]], [[Error]]

	==Notes==		==Notes==
	<references/>		<references/>

Ibjadmin: /* How to apply the harmless error test */

2010-11-18T13:47:07Z

How to apply the harmless error test

← Older revision		Revision as of 15:47, 18 November 2010
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	A third test, formulated by the Pennsylvania Supreme Court instructs the appellate court to reverse if they are convinced "beyond a reasonable doubt" that there is no "reasonable probability" that the error contributed to the verdict.<ref> Commonwealth v. Story, 476 Pa. 391 (1978)</ref>		A third test, formulated by the Pennsylvania Supreme Court instructs the appellate court to reverse if they are convinced "beyond a reasonable doubt" that there is no "reasonable probability" that the error contributed to the verdict.<ref> Commonwealth v. Story, 476 Pa. 391 (1978)</ref>

	---		----
	See [[Error]]		See [[Error]]

	==Notes==		==Notes==
	<references/>		<references/>

Ibjadmin: /* How to apply the harmless error test */

2010-11-18T13:47:00Z

How to apply the harmless error test

← Older revision		Revision as of 15:47, 18 November 2010
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	A third test, formulated by the Pennsylvania Supreme Court instructs the appellate court to reverse if they are convinced "beyond a reasonable doubt" that there is no "reasonable probability" that the error contributed to the verdict.<ref> Commonwealth v. Story, 476 Pa. 391 (1978)</ref>		A third test, formulated by the Pennsylvania Supreme Court instructs the appellate court to reverse if they are convinced "beyond a reasonable doubt" that there is no "reasonable probability" that the error contributed to the verdict.<ref> Commonwealth v. Story, 476 Pa. 391 (1978)</ref>

	---		---
	See [[Error]]		See [[Error]]

Ibjadmin: /* How to apply the harmless error test */

2010-11-18T13:46:52Z

How to apply the harmless error test

← Older revision		Revision as of 15:46, 18 November 2010
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	A third test, formulated by the Pennsylvania Supreme Court instructs the appellate court to reverse if they are convinced "beyond a reasonable doubt" that there is no "reasonable probability" that the error contributed to the verdict.<ref> Commonwealth v. Story, 476 Pa. 391 (1978)</ref>		A third test, formulated by the Pennsylvania Supreme Court instructs the appellate court to reverse if they are convinced "beyond a reasonable doubt" that there is no "reasonable probability" that the error contributed to the verdict.<ref> Commonwealth v. Story, 476 Pa. 391 (1978)</ref>
			---
			See [[Error]]

	==Notes==		==Notes==
	<references/>		<references/>

Ibjadmin: /* When to apply the harmless error test */

2010-06-15T20:10:06Z

When to apply the harmless error test

← Older revision		Revision as of 22:10, 15 June 2010
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	The first step of an appellate court is to determine whether the harmless error test will apply to any given error. Some errors, such as a violation of the [[Right to Counsel \| right to counsel]], do not require harmless error analysis. Mere proof of error will require a remand of the case for a new trial.		The first step of an appellate court is to determine whether the harmless error test will apply to any given error. Some errors, such as a violation of the [[Right to Counsel \| right to counsel]], do not require harmless error analysis. Mere proof of error will require a remand of the case for a new trial.
			Following is a list of errors that may trigger harmless error analysis in the United States:
			* Erroneous admission of evidence in violation of defendant's Fourth Amendment rights.
			* Erroneous admission of coerced confession
			* Erroneously jury instructions

			On the other hand, a denial of the right to counsel at any part of the trial phase will result in automatic reversal of the case.

	== How to apply the harmless error test ==		== How to apply the harmless error test ==

Ibjadmin: /* How to apply the harmless error test */

2010-06-15T20:06:47Z

How to apply the harmless error test

← Older revision		Revision as of 22:06, 15 June 2010
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	This test was rejected by the U.S. Supreme Court in Kotteakos v. United States.<ref> 328 U.S. 750 (1946)</ref>		This test was rejected by the U.S. Supreme Court in Kotteakos v. United States.<ref> 328 U.S. 750 (1946)</ref>
	The court in Kotteakos stated:		The court in Kotteakos stated:
	<blockquote>If, when all is said and done, the ~~convicttion~~ is sure that the error did not influence the jury, or had but very slight effect, the verdict and the judgment should stand, except perhaps ~~whewre~~ the departure is from a constitutional norm or a specific ~~comnmand~~ of Congress. But if one cannot say, with fair assurance, after pondering all that happened without ~~strippnig~~ the erroneous action from the whole, that the judgment was not substantially swayed by the error, it is impossible to conclude that substantial rights were not affected.</blockquote>		<blockquote>If, when all is said and done, the conviction is sure that the error did not influence the jury, or had but very slight effect, the verdict and the judgment should stand, except perhaps where the departure is from a constitutional norm or a specific command of Congress. But if one cannot say, with fair assurance, after pondering all that happened without striping the erroneous action from the whole, that the judgment was not substantially swayed by the error, it is impossible to conclude that substantial rights were not affected.</blockquote>

	A third test, formulated by the Pennsylvania Supreme Court instructs the appellate court to reverse if they are convinced "beyond a reasonable doubt" that there is no "reasonable probability" that the error contributed to the verdict.<ref> Commonwealth v. Story, 476 Pa. 391 (1978)</ref>		A third test, formulated by the Pennsylvania Supreme Court instructs the appellate court to reverse if they are convinced "beyond a reasonable doubt" that there is no "reasonable probability" that the error contributed to the verdict.<ref> Commonwealth v. Story, 476 Pa. 391 (1978)</ref>

Ibjadmin: /* When to apply the harmless error test */

2010-06-10T11:44:18Z

When to apply the harmless error test

← Older revision		Revision as of 13:44, 10 June 2010
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	==When to apply the harmless error test==		==When to apply the harmless error test==

	The first step of an appellate court is to determine whether the harmless error test will apply to any given error. Some errors, such as a violation of the [[right to counsel]], do not require harmless error analysis. Mere proof of error will require a remand of the case for a new trial.		The first step of an appellate court is to determine whether the harmless error test will apply to any given error. Some errors, such as a violation of the [[Right to Counsel \| right to counsel]], do not require harmless error analysis. Mere proof of error will require a remand of the case for a new trial.


	== How to apply the harmless error test ==		== How to apply the harmless error test ==

Ibjadmin: /* How to apply the harmless error test */

2010-06-10T11:41:32Z

How to apply the harmless error test

← Older revision		Revision as of 13:41, 10 June 2010
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	== How to apply the harmless error test ==		== How to apply the harmless error test ==

	The actual test for whether a given error was harmless has been phrased differently. Under the "correct result" test the appellate court will consider all admissible evidence (defense and prosecution)to determine if the jury's verdict was clearly correct. This test was rejected by the U.S. Supreme Court in Kotteakos v. United States.<ref> 328 U.S. 750 (1946)</ref>		The actual test for whether a given error was harmless has been phrased differently.

			Under the "correct result" test the appellate court will consider all admissible evidence (defense and prosecution)to determine if the jury's verdict was clearly correct.

			This test was rejected by the U.S. Supreme Court in Kotteakos v. United States.<ref> 328 U.S. 750 (1946)</ref>
	The court in Kotteakos stated:		The court in Kotteakos stated:
	<blockquote>If, when all is said and done, the convicttion is sure that the error did not influence the jury, or had but very slight effect, the verdict and the judgment should stand, except perhaps whewre the departure is from a constitutional norm or a specific comnmand of Congress. But if one cannot say, with fair assurance, after pondering all that happened without strippnig the erroneous action from the whole, that the judgment was not substantially swayed by the error, it is impossible to conclude that substantial rights were not affected.</blockquote>		<blockquote>If, when all is said and done, the convicttion is sure that the error did not influence the jury, or had but very slight effect, the verdict and the judgment should stand, except perhaps whewre the departure is from a constitutional norm or a specific comnmand of Congress. But if one cannot say, with fair assurance, after pondering all that happened without strippnig the erroneous action from the whole, that the judgment was not substantially swayed by the error, it is impossible to conclude that substantial rights were not affected.</blockquote>

	A third test, formulated by the Pennsylvania Supreme Court ~~instruts~~ the appellate court to reverse if they are convinced "beyond a reasonable doubt"		A third test, formulated by the Pennsylvania Supreme Court instructs the appellate court to reverse if they are convinced "beyond a reasonable doubt" that there is no "reasonable probability" that the error contributed to the verdict.<ref> Commonwealth v. Story, 476 Pa. 391 (1978)</ref>

	==Notes==		==Notes==
	<references/>		<references/>

Ibjadmin: /* How to apply the harmless error test */

2010-06-10T11:40:23Z

How to apply the harmless error test

← Older revision		Revision as of 13:40, 10 June 2010
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	== How to apply the harmless error test ==		== How to apply the harmless error test ==

	The actual test for whether a given error was harmless has been phrased differently. Under the ~~'''~~"correct result"~~'''~~ test the appellate court will consider all admissible evidence (defense and prosecution)to determine if the jury's verdict was clearly correct. This test was rejected by the U.S. Supreme Court in Kotteakos v. United States.<ref> 328 U.S. 750 (1946)</ref>		The actual test for whether a given error was harmless has been phrased differently. Under the "correct result" test the appellate court will consider all admissible evidence (defense and prosecution)to determine if the jury's verdict was clearly correct. This test was rejected by the U.S. Supreme Court in Kotteakos v. United States.<ref> 328 U.S. 750 (1946)</ref>
	The court in Kotteakos stated:		The court in Kotteakos stated:
	<blockquote>If, when all is said and done, the convicttion is sure that the error did not influence the jury, or had but very slight effect, the verdict and the judgment should stand, except perhaps whewre the departure is from a constitutional norm or a specific comnmand of Congress. But if one cannot say, with fair assurance, after pondering all that happened without strippnig the erroneous action from the whole, that the judgment was not substantially swayed by the error, it is impossible to conclude that substantial rights were not affected.</blockquote>		<blockquote>If, when all is said and done, the convicttion is sure that the error did not influence the jury, or had but very slight effect, the verdict and the judgment should stand, except perhaps whewre the departure is from a constitutional norm or a specific comnmand of Congress. But if one cannot say, with fair assurance, after pondering all that happened without strippnig the erroneous action from the whole, that the judgment was not substantially swayed by the error, it is impossible to conclude that substantial rights were not affected.</blockquote>

Ibjadmin: /* How to apply the harmless error test */

2010-06-10T11:39:58Z

How to apply the harmless error test

← Older revision		Revision as of 13:39, 10 June 2010
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	The actual test for whether a given error was harmless has been phrased differently. Under the '''"correct result"''' test the appellate court will consider all admissible evidence (defense and prosecution)to determine if the jury's verdict was clearly correct. This test was rejected by the U.S. Supreme Court in Kotteakos v. United States.<ref> 328 U.S. 750 (1946)</ref>		The actual test for whether a given error was harmless has been phrased differently. Under the '''"correct result"''' test the appellate court will consider all admissible evidence (defense and prosecution)to determine if the jury's verdict was clearly correct. This test was rejected by the U.S. Supreme Court in Kotteakos v. United States.<ref> 328 U.S. 750 (1946)</ref>
	The court in Kotteakos stated:		The court in Kotteakos stated:
	If, when all is said and done, the convicttion is sure that the error did not influence the jury, or had but very slight effect, the verdict and the judgment should stand, except perhaps whewre the departure is from a constitutional norm or a specific comnmand of Congress. But if one cannot say, with fair assurance, after pondering all that happened without strippnig the erroneous action from the whole, that the judgment was not substantially swayed by the error, it is impossible to conclude that substantial rights were not affected.		<blockquote>If, when all is said and done, the convicttion is sure that the error did not influence the jury, or had but very slight effect, the verdict and the judgment should stand, except perhaps whewre the departure is from a constitutional norm or a specific comnmand of Congress. But if one cannot say, with fair assurance, after pondering all that happened without strippnig the erroneous action from the whole, that the judgment was not substantially swayed by the error, it is impossible to conclude that substantial rights were not affected.</blockquote>

	A third test, formulated by the Pennsylvania Supreme Court instruts the appellate court to reverse if they are convinced "beyond a reasonable doubt"		A third test, formulated by the Pennsylvania Supreme Court instruts the appellate court to reverse if they are convinced "beyond a reasonable doubt"

	==Notes==		==Notes==
	<references/>		<references/>