The admission of nontestifying codefendants' statements against a defendant violates the Confrontation Clause but does not require reversal if the error is harmless beyond a reasonable doubt.
A defendant was convicted of attempted robbery and murder after the prosecution introduced the confessions of two non-testifying codefendants that implicated him. Although the use of these confessions violated the Confrontation Clause, the court must determine if the error was harmless beyond a reasonable doubt. Under the standard established in previous precedent, evidence improperly admitted in derogation of a defendant's constitutional rights is harmless if the remaining untainted evidence alone comprises overwhelming proof of guilt. Because the remaining evidence against the defendant was so overwhelming, the constitutional error was held to be harmless beyond a reasonable doubt.
At page 254 Determining harmless error for brutal violation of bruton155 citing cases“our judgment must be based on our own reading of the record and on what seems to us to have been the probable impact of the two confessions on the minds of an average jury.”
- People v. Leach, 541 P.2d 296 (Cal. 1975).published But see Harrington v. California (1969) 395 U.S. 250 [ 23 L.Ed.2d 284 , 89 S.Ct. 1726 ], in which the United States Supreme Court ruled that Aranda error in a California trial was constitutional error under Bruton, but nonetheless failed t…
- United States v. Erik Maund, 167 F.4th 941 (6th Cir. 2026).published ([W]e conclude that this violation of Bruton was harmless beyond a reasonable doubt.)
- Tolbert v. Pennsylvania Dep't of Corr., No. 2:22-cv-01182 (E.D. Pa. Sept. 26, 2025). (Our decision is based on the evidence in this record.)
- Commonwealth v. Morales, 925 N.E.2d 551 (Mass. App. Ct. 2010).published (We do not depart from Chapman-, nor do we dilute it by inference. We reaffirm it)
- United States v. Simmons, 59 M.J. 485 (C.A.A.F. 2004).published (Our judgment must be based on our own reading of the record and on what seems to us to have been the probable impact of the two confessions on the minds of an average jury.)
- United States v. Schwartz, 541 F.3d 1331 (11th Cir. 2008).published (Our judgment must be based on our own reading of the record and on what seems to us to have been the probable impact of the [codefendant statements] on the minds of an average jury.)
- Fields v. United States, 952 A.2d 859 (D.C. 2008).published “we do not depart from chapman; nor do we dilute it by inference. we reaffirm it.”
- United States v. Deluna, No. 25-20036 (5th Cir. Aug. 6, 2026).published “all the ingredients of the crime”
- State v. Coleman, 2026-Ohio-666.published“In the final analysis, the evidence in favor of conviction, absent the hearsay, must be so overwhelming that the admission of those statements was harmless beyond a reasonable doubt.” State v. Kidder, 32 Ohio St. 3d 279, 284 (1987), citin…
- State v. Langille, 2025-Ohio-5482.publishedThe improper use of testimony at trial is harmless if “ ‘the probable impact’ of the statements ‘on the minds of an average jury’ [is] negligible.” State v. McKelton, 2016-Ohio-5735, ¶ 192 , quoting Harrington v. California, 395 U.S. 250,…
Show 141 more citing cases
- El Pueblo De Puerto Rico v. Font Melendez, Carlos Enrique, No. KLAN202300821 (Dec. 17, 2024).publishedPosterior a Chapman v. California, en Harrington v. California, 395 US 250, 254 (1969), el Tribunal Supremo de Estados Unidos pareció trasladar la carga de persuadir en estos casos.
- People v. Leyva, No. F086071 (Cal. Ct. App. May 24, 2024).unpublished(harmless error if guilt is established by overwhelming evidence)
- United States v. Orlandella, 96 F.4th 71 (1st Cir. 2024).publishedIn practical terms, however, "courts have found error to be harmless [beyond a reasonable doubt] when the untainted evidence, standing alone, provided 'overwhelming evidence' of the defendant's guilt." Clark v. Moran, 942 F.2d 24, 27 (1st…
- People v. Orosco, No. F083576 (Cal. Ct. App. Apr. 19, 2023).unpublished(harmless error if guilt is established by overwhelming evidence)
- Anthony v. Louisiana, No. 21-993 (U.S. Nov. 7, 2022).(harmless-error analysis “must be based on our own reading of the record and on what seems to us to have been the probable impact of the [error] on the minds of an average jury)
- State v. C.D.S., 2021-Ohio-4492.publishedId., quoting State v. Peterson, 10th Dist. No. 12AP-646, 2013-Ohio-1807 , ¶ 21. "[A]n improper evidentiary admission under Evid.R. 404(B) may be deemed harmless error on review when, after the tainted evidence is removed, the remaining evi…
- Crichlow v. Silva, No. 1:19-cv-10449 (D. Mass. Nov. 3, 2021).Mass. Sept. 18, 2020) (citing Harrington v. California, 395 U.S. 250, 254 (1969)).
- Finias v. Baker, No. 3:19-cv-00142 (D. Nev. May 7, 2021).Cf. [Harrington v. California, 395 U.S. 250, 254 (1969); Schneble v. 17 Florida, 405 U.S. 427, 432 (1972)]. 18 Van Arsdall, 475 U.S. at 684 . 19 The cross-examination of Robinson based on favorable treatment in her criminal 20 case would h…
- (HC) McAlister v. Foss, No. 2:18-cv-01930 (E.D. Cal. Apr. 21, 2021).Lilly v. Virginia, 527 U.S. 116, 139-40 (1999); Harrington v. California, 395 U.S. 250, 254 (1969).
- United States v. David Ming Pon, 963 F.3d 1207 (11th Cir. 2020).published Neder v. United States, 527 U.S. 1, 18 , 119 S. Ct. 1827, 1838 (1999); see Chapman v. 82 Case: 17-11455 Date Filed: 06/29/2020 Page: 83 of 89 California, 386 U.S. 18, 24 , 87 S. Ct. 824, 828 (1967). 4 Following the Supreme Court’s lead, th…
- Belcher, Jr. (norman) Vs. State (death Penalty-direct), 464 P.3d 1013 (Nev. 2020).published Id. (quoting Harrington v. California, 395 U.S. 250, 254 (1969)).
- United States v. Nelson, 217 A.3d 717 (D.C. 2019).publishedUnder this strict standard, we do not review whether, in hindsight, the government’s case was strong enough to maintain the conviction absent the tainted evidence; rather, we review the record to assess the “probable impact on the minds of…
- United States v. Oleksii Tsurkan, No. 17-10248 (11th Cir. July 12, 2018).unpublished“must be based on our own reading of the record and on what seems to us to have been the probable impact of [the constitutional error] on the minds of an average jury”
- Commonwealth v. White, No. 160879 (Va. June 1, 2017).publishedAs post- Chapman cases from the United States Supreme Court have repeatedly emphasized, all of the factors typically considered in the constitutional-harmless-error doctrine 5 seek to answer a single, ultimate question: ▪ “The question a r…
- State of Tennessee v. Lonta Montrell Burress, Jr. & Darius Jerel Gustus, No. E2013-01697-CCA-R3-CD (Tenn. Crim. App. Dec. 4, 2014).publishedState v. Elliot, 524 S.W.2d 473, 478 (Tenn. 1975) (citing Harrington v. California, 395 U.S. 250, 254 (1969)); Schneble v. Florida, 405 U.S. 427, 430 (1972).
- State v. Barker, 2014-Ohio-4131.publishedIn this respect, we discern no error in the court’s decision to permit the statement and deny appellant’s request for a mistrial. {¶93} Even assuming, however, the statement should have been excluded, we conclude, in light of the surroundi…
- Martell Damon Rector v. State, No. 03-13-00355-CR (Tex. App.—Austin Aug. 26, 2014).unpublishedHarrington v. California, 395 U.S. 250, 254 (1969); see Wesbrook v. State, 29 S.W.3d 103, 119 (Tex. Crim.
- Shaun David Samuelson v. State, No. 03-12-00837-CR (Tex. App.—Austin Aug. 21, 2014).unpublishedHarrington v. California, 395 U.S. 250, 254 (1969).
- State v. Isham, 2014-Ohio-1689.publishedHarrington v. California, 395 U.S. 250, 254 , 89 S.Ct. 1726, 1728 (1969); State v. Ferguson, 5 Ohio St.3d 160, 166 (1983), fn. 5. {¶ 16} While the admission of Grant's statement was error, the error was harmless as the record established b…
- State v. Morris, 2012-Ohio-6151.published Thus, admission of improper evidence is harmless if, as is often the 26 case, “the remaining evidence alone comprises ‘overwhelming’ proof of defendant’s guilt.” State v. Williams, 6 Ohio St. 3d 281, 290 (1983) (quoting Harrington v. Calif…
- People v. Streeter, 278 P.3d 754 (Cal. 2012).published(Harrington v. California (1969) 395 U.S. 250, 254 [ 23 L.Ed.2d 284 , 89 S.Ct. 1726 ].) First, the declaration’s statements merely corroborated testimony presented in the form of live witnesses.
- Govt of VI v. Davis, No. 07-2136 (3d Cir. Mar. 27, 2009).published(concluding that because “the case against [the 15 defendant] was so overwhelming” the error “was harmless beyond a reasonable doubt)
- United States v. Vasquez & Castro, No. 05-2856-cr (2d Cir. Oct. 6, 2008).publishedThough all of these factors are relevant, we have stated that the strength of the Government’s case is “probably the single most critical factor.”5 Id. 5 Although harmless error analysis originally focused on whether the error had affected…
- People v. Coble, 65 Cal. App. 3d 187 (Cal. Ct. App. 1976).published
- Commonwealth v. Davis, 305 A.2d 715 (Pa. 1973).published
- People v. Anderson, 742 P.2d 1306 (Cal. 1987).published
- State v. Poh, 343 N.W.2d 108 (Wis. 1984).published
- Davies v. State, 598 P.2d 636 (Nev. 1979).published
- Head v. Thompson, 477 F. Supp. 2 (E.D. Tenn. 1978).published
- Connecticut v. Johnson, 460 U.S. 73 (1983).published
- Carella v. California, 491 U.S. 263 (1989).published
- United States v. Lopez-Garcia, No. 98-2252 (10th Cir. Aug. 18, 1999).unpublished
- United States v. Innamorati, No. 91-1896 (1st Cir. Aug. 17, 1993).published
- United States v. Alphonso Mosca, Sr., 475 F.2d 1052 (2d Cir. 1973).published
- William Gene Null v. Louie L. Wainwright, Dir. Div. of Corr., 508 F.2d 340 (5th Cir. 1975).published
- Lynnwell Smith v. W. J. Estelle, Dir., Texas Dep't of Corr., 527 F.2d 430 (5th Cir. 1976).published
- Roger Lee Hall v. Louis L. Wainwright, Dir. Div. of Corr., Etc., Respondent, 559 F.2d 964 (5th Cir. 1977).published
- Burley Clifton Harryman v. W. J. Estelle, Jr., Dir., Texas Dep't of Corr., Respondent, 616 F.2d 870 (5th Cir. 1980).published
- United States v. Albert W. Coachman, 727 F.2d 1293 (D.C. Cir. 1984).published
- United States v. Edwin L. Schmitt, 794 F.2d 555 (10th Cir. 1986).published
- Tommy Hart v. Allan A. Stagner, 935 F.2d 1007 (9th Cir. 1991).published
- United States v. Melvin Wayne Carr, 953 F.2d 1392 (10th Cir. 1992).published
- United States v. Ervin Jahue Blevins, United States of Am. v. Joel Amos Mitchell, United States of Am. v. Dewey Glen Johnson, 960 F.2d 1252 (4th Cir. 1992).published
- Brian Matthew Hurst v. John Jabe, 961 F.2d 1577 (6th Cir. 1992).unpublished
- United States of Am., Plaintiff/appellee/cross-Appellant v. Mark Thierman, Defendant-Appellant/cross-Appellee. United States of Am. v. Amino Discounters, Inc., Mark Thierman, United States of Am. v. Mark Thierman, 76 F.3d 390 (9th Cir. 1996).unpublished
- Floyd William Marr v. Robert Wright, Superintendent, Clallam Bay Corr. Facility, 103 F.3d 139 (9th Cir. 1996).unpublished
- Harry M. Sassounian v. Earnest Roe, Warden of Lancaster Attorney Gen. of the State of California, 230 F.3d 1097 (9th Cir. 2000).published
- Dearing v. Commonwealth, 524 S.E.2d 121 (Va. 2000).published
- Lilly v. Commonwealth, 523 S.E.2d 208 (Va. 1999).published
- Cairns v. Commonwealth, 542 S.E.2d 771 (Va. Ct. App. 2001).published
- Lionel Nicholas Campbell v. Commonwealth, No. 1443054 (Va. Ct. App. Dec. 19, 2006).unpublished
- Christopher James Moltz v. Commonwealth of Virginia, No. 0930991 (Va. Ct. App. May 2, 2000).unpublished
- State of Tennessee v. Ronald Eugene Rickman & William Edward Groseclose, No. W1999-01744-CCA-R3-CD (Tenn. Crim. App. May 17, 2002).published
- Corbin v. State, 627 P.2d 862 (Nev. 1981).published
- People v. Hosner, 538 P.2d 1141 (Cal. 1975).published
- People v. Arcega, 651 P.2d 338 (Cal. 1982).published
- People v. Taylor, 501 P.2d 918 (Cal. 1972).published
- People v. Vargas, 509 P.2d 959 (Cal. 1973).published
- State v. Remacle, 386 N.W.2d 38 (S.D. 1986).published
- Dickson v. State, 636 S.E.2d 721 (Ga. Ct. App. 2006).published
- Thomas v. State, 487 S.E.2d 75 (Ga. Ct. App. 1997).published
- Robinson v. State, 205 S.E.2d 210 (Ga. 1974).published
- Black v. State, 871 P.2d 35 (Okla. Crim. App. 1994).published
- Lord v. State, 806 P.2d 548 (Nev. 1991).published
- In Re Hill, 458 P.2d 449 (Cal. 1969).published
- Stevens v. State, 634 P.2d 662 (Nev. 1981).published
- State v. Billings, 329 N.W.2d 192 (Wis. 1983).published
- People v. Carter, 184 N.W.2d 373 (Mich. Ct. App. 1971).published
- United States ex rel. Haynes v. McKendrick, 350 F. Supp. 990 (S.D.N.Y. 1972).published
- Commonwealth v. Cobb, 373 N.E.2d 1145 (Mass. 1978).published
- Commonwealth v. Forde, 329 N.E.2d 717 (Mass. 1975).published
- State v. Coy, 433 N.W.2d 714 (Iowa 1988).published
- Commonwealth v. Grieco, 362 N.E.2d 1204 (Mass. App. Ct. 1977).published
- Commonwealth v. Horton, 380 N.E.2d 687 (Mass. 1978).published
- Commonwealth v. Morgan, 339 N.E.2d 723 (Mass. 1975).published
- People v. Gaulden, 36 Cal. App. 3d 942 (Cal. Ct. App. 1974).published
- People v. Galloway, 100 Cal. App. 3d 551 (Cal. Ct. App. 1979).published
- People v. Van Alstyne, 46 Cal. App. 3d 900 (Cal. Ct. App. 1975).published
- People v. Sandoval, 70 Cal. App. 3d 73 (Cal. Ct. App. 1977).published
- People v. Dominguez, 121 Cal. App. 3d 481 (Cal. Ct. App. 1981).published
- People v. Mesaris, 14 Cal. App. 3d 71 (Cal. Ct. App. 1970).published
- Commonwealth v. Swenor, 323 N.E.2d 742 (Mass. App. Ct. 1975).published
- People v. Wade, 15 Cal. App. 3d 16 (Cal. Ct. App. 1971).published
- People v. Smith, 4 Cal. App. 3d 41 (Cal. Ct. App. 1970).published
- People v. Medina, 41 Cal. App. 3d 438 (Cal. Ct. App. 1974).published
- State v. Hohman, 420 A.2d 852 (Vt. 1980).published
- People v. Middleton, 276 Cal. App. 2d 566 (Cal. Ct. App. 1969).published
- State v. Grant, 406 N.W.2d 744 (Wis. 1987).published
- State v. Jennaro, 251 N.W.2d 800 (Wis. 1977).published
- People v. Song, 2012 Guam 21 (Cal. Ct. App. 2004).published
- Ritter v. Smith, 568 F. Supp. 1499 (S.D. Ala. 1983).published
- Williams v. Melton, 568 F. Supp. 104 (N.D. Ga. 1983).published
- Ducksworth v. State, 966 P.2d 165 (Nev. 1998).published
- People v. Coleman, 459 P.2d 248 (Cal. 1969).published
- In Re Sears, 455 P.2d 116 (Cal. 1969).published
- State v. Chavis, 771 S.E.2d 336 (S.C. 2015).published
- Michael Anthony Moreno v. State, No. 01-04-00067-CR (Tex. App.—Houston [1st Dist.] Aug. 11, 2005).unpublished
- Michael Anthony Moreno v. State, No. 01-04-00067-CR (Tex. App.—Houston [1st Dist.] June 9, 2005).unpublished
- Michael Scott v. State, No. 03-03-00109-CR, 2005 Tex. App. LEXIS 2168 (Tex. App.—Austin Mar. 24, 2005).published
- Mull, Hampton v. State, No. 14-01-01175-CR (Tex. App.—Houston [14th Dist.] Feb. 20, 2003).unpublished
- Jones, Quintin Phillippe AKA Jones, Quinton, No. AP-74,060 (Tex. Crim. App. Nov. 5, 2003).published
- Springsteen, Robert, Iv, No. AP-74,223 (Tex. Crim. App. May 24, 2006).published
- Emilio Vasquez v. Kurt Jones, Warden, 486 F.3d 135 (6th Cir. 2007).published
- Vasquez v. Jones, 496 F.3d 564 (6th Cir. 2007).published
- United States v. Linda Lee Chandler, 326 F.3d 210 (3d Cir. 2003).published
- United States v. N. Turning Bear, III, No. 03-2280 (8th Cir. Feb. 2, 2004).published
- State v. Tony Gonzalez, 136 A.3d 1131 (R.I. 2016).published
- People v. Dunham, 2016 COA 73, 381 P.3d 416.published
- Balderas, Juan A/K/A Apache, No. AP-77,036 (Tex. Crim. App. Nov. 2, 2016).published
- Troy E. Dove v. State, No. 02-19-00011-CR (Tex. App.—Fort Worth Jan. 30, 2020).unpublished
- Alex Carcamo v. State, No. 05-19-01438-CR (Tex. App.—Dallas Mar. 1, 2021).unpublished
- Gill v. Commonwealth, 7 S.W.3d 365 (Ky. 1999).published
- Floyd v. State, 372 S.E.2d 287 (Ga. Ct. App. 1988).published
- Easterwood v. State, 500 S.E.2d 413 (Ga. Ct. App. 1998).published
- Commonwealth v. Doucette, 400 N.E.2d 267 (Mass. App. Ct. 1980).published
- Commonwealth v. Gonzalez, 504 N.E.2d 1067 (Mass. App. Ct. 1987).published
- State v. Dumais, 493 A.2d 501 (N.H. 1985).published
- Jenkins v. Hartman, 314 F. Supp. 303 (E.D. Tenn. 1970).published
- Morgan v. Neal, 325 F. Supp. 1196 (E.D. Tenn. 1970).published
- Martley v. Douglas, 463 F. Supp. 4 (W.D. Okla. 1977).published
- Caruso v. Gaffney, No. 1:17-cv-11822 (D. Mass. Mar. 6, 2019).
- Santos v. Dickhaut, No. 1:10-cv-11184 (D. Mass. Sept. 18, 2020).
- State v. Porraro, 404 A.2d 465 (R.I. 1979).published
- United States v. John Frank Mancino, 468 F.2d 1350 (8th Cir. 1972).published
- United States v. Arthur Leonard Vissars, Jr., United States of Am. v. Marc Jeffrey Keenberg, 596 F.2d 400 (9th Cir. 1979).published
- Russell Lee Hinman v. D. J. McCarthy Superintendent, 676 F.2d 343 (9th Cir. 1982).published
- Jerome M. Armant v. Joe Marquez, 772 F.2d 552 (9th Cir. 1985).published
- Claude Holland v. Attorney Gen. of New Jersey, 777 F.2d 150 (3d Cir. 1985).published
- Robert Monachelli v. Warden, Sci Graterford & the Attorney Gen. of the Commonwealth of Pennsylvania & the Dist. Attorney of Bucks Cnty., 884 F.2d 749 (3d Cir. 1989).published
- Homer E. Hanrahan v. James H. Thieret, Warden, 933 F.2d 1328 (7th Cir. 1991).published
- Cook v. State, 353 So. 2d 911 (Fla. 2d DCA 1977).published
- Mayes v. State, 887 P.2d 1288 (Okla. Crim. App. 1994).published
- Wyatt v. State of Oklahoma, 385 F. Supp. 562 (W.D. Okla. 1974).published
- Davis v. State, 203 S.W.3d 845 (Tex. Crim. App. 2006).published
- State v. Howe, 182 N.W.2d 658 (N.D. 1970).published
- Lee v. Henderson, 342 F. Supp. 561 (W.D.N.Y. 1972).published
- State v. Wilcoxon, 373 P.3d 224 (Wash. 2016).published
- State v. McKelton (Slip Opinion), 2016-Ohio-5735, 70 N.E.3d 508.published
- Gray v. State, 667 A.2d 983 (Md. Ct. Spec. App. 1995).published
- United States ex rel. Siegel v. Lennox, 328 F. Supp. 451 (E.D. Pa. 1971).published
- Capes v. Oklahoma, 412 F. Supp. 1111 (W.D. Okla. 1975).published
At page 252 Analyzing harmless error in codefendant confessions37 citing casesfinding erroneously admitted confessions of two co-defendants harmless where testimony was cumulative, and case against defendant was overwhelming and not woven solely from circumstantial evidence
- United States v. Erik Maund, 167 F.4th 941 (6th Cir. 2026).published See, e.g., United States v. Lanier, 870 F.3d 546, 551 (6th Cir. 2017) (ordering the district court to measure the prejudice of a juror’s communication with an outside attorney via a Remmer hearing); Cunningham, 23 F.4th at 662 (ordering a…
- Commonwealth v. Morales, 925 N.E.2d 551 (Mass. App. Ct. 2010).published Harrington v. California, 395 U.S. at 254 (“We do not depart from Chapman-, nor do we dilute it by inference.
- State v. Edwards, 2013-Ohio-1290.publishedNo. 06AP-990, 2007-Ohio-7137, ¶53 , citing Harrington v. California, 395 U.S. 250, 252-254 (1969). “‘“The mere finding of a violation of the Bruton rule in the course of the trial * * * does not automatically require reversal of the ensuin…
- Estelle v. Williams, 425 U.S. 501 (1976).published
- People v. Garvin, 847 N.E.2d 82 (Ill. 2006).published
- California v. Green, 399 U.S. 149 (1970).published
- United States v. Ronald James Sierra James William McCallum Michael G. Santos & Raymond Perez-Castillo, 892 F.2d 84 (9th Cir. 1989).unpublished
- People v. Anderson, 742 P.2d 1306 (Cal. 1987).published
- Collins v. Scully, 582 F. Supp. 1100 (S.D.N.Y. 1984).published
- State v. Oscarson, 2004 VT 4, 845 A.2d 337.published
Show 26 more citing cases
- State v. Poh, 343 N.W.2d 108 (Wis. 1984).published
- People v. Wong, 35 Cal. App. 3d 812 (Cal. Ct. App. 1973).published
- Brown v. Rice, 693 F. Supp. 381 (W.D.N.C. 1988).published
- United States v. Ell Johnson, Jr., Alias 'Butch' Alias John Doe, 412 F.2d 753 (1st Cir. 1969).published
- United States v. Billy David Dickens, 417 F.2d 958 (8th Cir. 1969).published
- United States v. Robert Barnett, 418 F.2d 309 (6th Cir. 1969).published
- United States v. Ronnie Lee Murray Appeal of James Robert Dixon, 445 F.2d 1171 (3d Cir. 1971).published
- United States of Am. Ex Rel. Carlos Ortiz, 59524 v. Harold Fritz, Superintendent of Auburn Corr. Facility, Auburn, New York, 476 F.2d 37 (2d Cir. 1973).published
- United States v. Michael Carl Dority, 487 F.2d 846 (6th Cir. 1973).published
- Michael Kampshoff v. Harold J. Smith, Superintendent, Attica Corr. Facility, 698 F.2d 581 (2d Cir. 1983).published
- United States v. Melvin Bay Guyon, 717 F.2d 1536 (6th Cir. 1983).published
- Joseph Hawkins, A/K/A Joseph Davis v. Eugene Lefevre, Superintendent, Clinton Corr. Facility, 758 F.2d 866 (2d Cir. 1985).published
- United States v. Joseph William Hill, Jr., 901 F.2d 880 (10th Cir. 1990).published
- State v. Tucker, 861 P.2d 24 (Haw. App. 1993).published
- Hardy v. State, 478 S.E.2d 423 (Ga. Ct. App. 1996).published
- State v. McIntyre, 478 P.2d 265 (Wash. Ct. App. 1970).published
- State v. Boggs, 559 P.2d 11 (Wash. Ct. App. 1977).published
- Vessels v. Estelle, 376 F. Supp. 1303 (S.D. Tex. 1973).published
- Harris v. State, 790 S.W.2d 568 (Tex. Crim. App. 1989).published
- State v. Camerlin, 277 A.2d 291 (R.I. 1971).published
- State v. Porraro, 404 A.2d 465 (R.I. 1979).published
- State v. Burden, 2013-Ohio-1628.published
- Richardson v. State, 572 P.2d 270 (Okla. Crim. App. 1977).published
- United States v. Williams, 54 M.J. 626 (A.F.C.C.A. 2000).published
- State v. Garcia, 240 So. 2d 633 (Fla. 1970).published
- Shaun Burney v. Ron Broomfield, 175 F.4th 1089 (9th Cir. 2026).published
At page 253 Assessing harmless error in confrontation clause violations35 citing casesassuming Bruton violation where confessions describe codefendant as the “white guy” and gives a description of his age, height, weight, and hair color
- United States v. Erik Maund, 167 F.4th 941 (6th Cir. 2026).published See, e.g., United States v. Lanier, 870 F.3d 546, 551 (6th Cir. 2017) (ordering the district court to measure the prejudice of a juror’s communication with an outside attorney via a Remmer hearing); Cunningham, 23 F.4th at 662 (ordering a…
- State v. Jefferson, 574 N.W.2d 268 (Iowa 1997).published Cf. Harrington, 395 U.S. at 256 , 89 S.Ct. at 1729 , 23 L.Ed.2d at 289 (“The focus of appellate inquiry should be on the character and quality of the tainted evidence as it relates to the untainted evidence and not just on the amount of un…
- United States v. Deluna, No. 25-20036 (5th Cir. Aug. 6, 2026).published First, the third interview was cumulative: the Government introduced two other confessions at trial, each containing “all the ingredients of the crime.” See Harrington v. California, 395 U.S. 250, 254 (1969).
- Zabavski 355967 v. Shaver, No. 1:20-cv-01031 (W.D. Mich. Dec. 29, 2022).(stating that “[t]heir evidence, supplied through their confessions, was of course cumulative. But apart from them the case against Harrington was so overwhelming that we conclude that this violation of Bruton was harmle…)
- United States v. Johnson-Debel, 17 F.4th 175 (1st Cir. 2021).publishedBruton's protection" (quoting Harrington v. California, 395 U.S. 250, 253 (1969))); Vega Molina, 407 F.3d at 520 (comparing the efficacy of redaction in a case involving "numerous events and actors, such that no direct inference plausibly…
- United States v. Anthony Shaffer, 656 F. App'x 699 (5th Cir. 2016).unpublished The robber then writes on the slip (pressing down with his fingertips to hold the paper in place for more than 1 See, e.g., Harrington v. California, 395 U.S. 250, 253-54 (1969); Harryman v. Estelle, 616 F.2d 870, 875-88 (5th Cir. 1980) (e…
- The People v. Assad Cedeno, 50 N.E.3d 901 (N.Y. 2016).published It identified him only by an article of clothing, when it said that “one of the Latin Kings wearing red & white trunks pulled out a knife and rushed the whole crowd.” That fact alone makes this statement substantively different from the on…
- State v. James Frederick Pepcorn, Sr. (Idaho Ct. App. 2011).publishedBut in Harrington v. California, 395 U.S. 250, 253-54 (1969), while expressly confirming that the Chapman test is appropriate, the Court held that an error was harmless because the untainted evidence of guilt was “overwhelming.” Justice Br…
- People v. Jennings, 237 P.3d 474 (Cal. 2010).publishedCode, §§ 801, subd. (b), 802.) We need not resolve the constitutional claims raised by defendant, because even assuming it was error under Crawford or Aranda and Bruton to admit the disputed statements made by Michelle to Kaser-Boyd, such…
- Gray v. Maryland, 523 U.S. 185 (1998).published
Show 24 more citing cases
- United States v. Cipriano Zamudio, 141 F.3d 1186 (10th Cir. 1998).published
- Anthony Martin Zilka v. W. J. Estelle, Jr., Dir., Texas Dept. Of Corr., 529 F.2d 388 (5th Cir. 1976).published
- United States v. Andrew F. Burton, 584 F.2d 485 (D.C. Cir. 1978).published
- Burley Clifton Harryman v. W. J. Estelle, Jr., Dir., Texas Dep't of Corr., 597 F.2d 927 (5th Cir. 1979).published
- United States v. Daly, 756 F.2d 1076 (5th Cir. 1985).published
- Davies v. State, 598 P.2d 636 (Nev. 1979).published
- Alexander v. State, 511 S.E.2d 249 (Ga. Ct. App. 1999).published
- State v. Allen, 615 S.E.2d 256 (N.C. 2005).published
- State v. Canaday, 574 P.2d 60 (Ariz. Ct. App. 1977).published
- Burford v. State, 515 P.2d 382 (Alaska 1973).published
- Jefferson v. State, 198 S.W.3d 527 (Ark. 2004).published
- State v. Waterbury, 307 N.W.2d 45 (Iowa 1981).published
- People v. Pubrat, 520 N.W.2d 724 (Mich. Ct. App. 1994).published
- Commonwealth v. Farnkoff, 452 N.E.2d 249 (Mass. App. Ct. 1983).published
- People v. Fulks, 110 Cal. App. 3d 609 (Cal. Ct. App. 1980).published
- Commonwealth v. Corradino, 332 N.E.2d 907 (Mass. 1975).published
- Commonwealth v. Clark, 334 N.E.2d 68 (Mass. App. Ct. 1975).published
- State v. Bower, 283 A.2d 39 (R.I. 1971).published
- Steven Anderson v. Roger D. Cowan, Warden, 227 F.3d 893 (7th Cir. 2000).published
- Jeffrey C. Denny v. Donald Gudmanson, 252 F.3d 896 (7th Cir. 2001).published
- Commonwealth v. Elwood, 372 N.E.2d 289 (Mass. App. Ct. 1978).published
- Head v. Thompson, 477 F. Supp. 2 (E.D. Tenn. 1978).published
- Pickett 485575 v. Rewerts, No. 1:22-cv-01081 (W.D. Mich. Feb. 9, 2023).
- Commonwealth v. Smith, L., Aplt., 325 A.3d 513 (Pa. 2024).published
At page 251 Determining harmless error in constitutional violations20 citing cases“harmless beyond a reasonable doubt.”
- People v. Leach, 541 P.2d 296 (Cal. 1975).published But see Harrington v. California (1969) 395 U.S. 250 [ 23 L.Ed.2d 284 , 89 S.Ct. 1726 ], in which the United States Supreme Court ruled that Aranda error in a California trial was constitutional error under Bruton, but nonetheless failed t…
- State v. Mathis, 2019-Ohio-3654.published (Where evidence has been improperly admitted in derogation of a criminal defendant’s constitutional rights, the admission is harmless ‘beyond a reasonable doubt’ if the remaining evidence alone comprises ‘overwhelming’…)
- State v. Kennedy, 2018-Ohio-4997.published (evidence * * * improperly admitted in derogation of a criminal defendant’s constitutional rights * * * is harmless ‘beyond a reasonable doubt’ if the remaining evidence alone comprises ‘overwhelming’ proof of defendant…)
- State v. Barnett, 2018-Ohio-4133.published (evidence * * * improperly admitted in derogation of a criminal defendant’s constitutional rights * * * is harmless ‘beyond a reasonable doubt’ if the remaining evidence alone comprises ‘overwhelming’ proof of defendant…)
- United States v. Lawrence W. Blessinger, No. 17-12805 (11th Cir. Oct. 2, 2018).unpublished“it was harmless beyond a reasonable doubt”
- Dutton v. Evans, 400 U.S. 74 (1970).published
- Estelle v. Williams, 425 U.S. 501 (1976).published
- United States v. Willie Decoster, Jr., (Decoster Iii), 624 F.2d 196 (D.C. Cir. 1979).published
- Darrick A. Rogers v. Norris W. McMackin Superintendent, 884 F.2d 252 (6th Cir. 1989).published
- Charles M. Franklin v. Charles Adkins & Indiana Attorney Gen., 993 F.2d 1549 (7th Cir. 1993).unpublished
Show 10 more citing cases
- State v. Stanga, 2000 S.D. 129, 617 N.W.2d 486.published
- Fajeriak v. State, 520 P.2d 795 (Alaska 1974).published
- People v. Gordon, 792 P.2d 251 (Cal. 1990).published
- People v. Graham, 185 N.W.2d 627 (Mich. Ct. App. 1971).published
- People v. Garvin, 847 N.E.2d 82 (Ill. 2006).published
- People v. Coble, 65 Cal. App. 3d 187 (Cal. Ct. App. 1976).published
- People v. Bryden, 63 Cal. App. 4th 159 (Cal. Ct. App. 1998).published
- Commonwealth v. Davis, 305 A.2d 715 (Pa. 1973).published
- Commonwealth v. Dancer, 305 A.2d 364 (Pa. 1973).published
- Huffman v. Moore, 333 F. Supp. 1315 (E.D. Tenn. 1971).published
At page 255 Dissenting view on harmless error standard in criminal procedure9 citing casesMr. Justice Brennan dissenting, joined by the Chief Justice and Mr. Justice Marshall
- Commonwealth v. Davis, 305 A.2d 715 (Pa. 1973).published
- Williams v. Melton, 568 F. Supp. 104 (N.D. Ga. 1983).published
- Cupp v. Naughten, 414 U.S. 141 (1973).published
- Commonwealth v. Williams, 270 A.2d 226 (Pa. 1970).published
- People v. Williams, 22 Cal. App. 3d 34 (Cal. Ct. App. 1971).published
- People v. Miller, 113 P.3d 743 (Colo. 2005).published
- State v. Rahman, 492 N.E.2d 401 (Ohio 1986).published
- Claude Holland v. Attorney Gen. of New Jersey, 777 F.2d 150 (3d Cir. 1985).published
At page 256 Holding harmless error based on untainted evidence7 citing casesconstitutional error in the trial of a criminal offense may be held harmless if there is 'overwhelming' untainted evidence to support the conviction.
- State v. Mullins, No. 1 CA-CR 15-0139 (Ariz. Ct. App. July 14, 2016).unpublished(constitutional error in the trial of a criminal offense may be held harmless if there is 'overwhelming' untainted evidence to support the conviction.)
- State v. Anderson, No. 1 CA-CR 15-0102 (Ariz. Ct. App. Feb. 9, 2016).unpublished(constitutional error in the trial of a criminal offense may be held harmless if there is ‘overwhelming’ untainted evidence to support the conviction.)
- State v. Jefferson, 574 N.W.2d 268 (Iowa 1997).published (The focus of appellate inquiry should be on the character and quality of the tainted evidence as it relates to the untainted evidence and not just on the amount of untainted evidence.)
- State v. Gibson, 391 So. 2d 421 (La. 1980).published
- State v. Leutfaimany, 585 N.W.2d 200 (Iowa 1998).published
- State v. Orlando, 456 So. 2d 1021 (La. Ct. App. 1984).published
- People v. Childers, 174 N.W.2d 565 (Mich. Ct. App. 1969).published
“where evidence has been improperly admitted in derogation of a criminal defendant's constitutional rights, the admission is harmless 'beyond a reasonable doubt' if the remaining evidence alone comprises 'overwhelming' proof of defendant's guilt.”
- State v. Mathis, 2019-Ohio-3654.published “where evidence has been improperly admitted in derogation of a criminal defendant's constitutional rights, the admission is harmless 'beyond a reasonable doubt' if the remaining evidence alone comprises 'overwhelming' p…”
- State v. Kennedy, 2018-Ohio-4997.published “evidence improperly admitted in derogation of a criminal defendant's constitutional rights is harmless 'beyond a reasonable doubt' if the remaining evidence alone comprises 'overwhelming' proof of defendant's guilt”
- State v. Barnett, 2018-Ohio-4133.published “evidence improperly admitted in derogation of a criminal defendant's constitutional rights is harmless 'beyond a reasonable doubt' if the remaining evidence alone comprises 'overwhelming' proof of defendant's guilt”
Other citing cases
- United States v. Tariq, 521 F. Supp. 773 (D. Md. 1981).published
- Burch v. State, 343 So. 2d 831 (Fla. 1977).published
- United States v. John Carl Sparano, 422 F.2d 1095 (2d Cir. 1970).published
v.
California
Lead Opinion
delivered the opinion of the Court.
We held in Chapman v. California, 386 U. S. 18, that “before a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt.” Id., at 24. We said that, although “there are some constitutional rights so basic to a fair trial that their infraction can never be treated as harmless error” (id., at 23), not all[*252] “trial errors which violate the Constitution automatically call for reversal.” Ibid.
The question whether the alleged error in the present case was “harmless” under the rule of Chapman arose in a state trial for attempted robbery and first-degree murder. Four men were tried together — Harrington, a Caucasian, and Bosby, Rhone, and Cooper, Negroes— over an objection by Harrington that his trial should be severed. Each of his three codefendants confessed and their confessions were introduced at the trial with limiting instructions that the jury was to consider each confession only against the confessor. Rhone took the stand and Harrington’s counsel cross-examined him. The other two did not take the stand.[1]
In Bruton v. United States, 391 U. S. 123, a confession of a codefendant who did not take the stand was used against Bruton in a federal prosecution. We held that Bruton had been denied his rights under the Confrontation Clause of the Sixth Amendment. Since the Confrontation Clause is applicable as well in state trials by reason of the Due Process Clause of the Fourteenth Amendment (Pointer v. Texas, 380 U. S. 400), the rule of Bruton applies here.
The California Court of Appeal affirmed the convictions, 256 Cal. App. 2d 209, 64 Cal. Rptr. 159, and the Supreme Court denied a petition for a hearing. We granted the petition for certiorari to consider whether the violation of Bruton was on these special facts harmless error under Chapman.
Petitioner made statements which fell short of a confession but which placed him at the scene of the crime. He admitted that Bosby was the trigger man;[*253] that he fled with the other three; and that after the murder he dyed his hair black and shaved off his moustache. Several eyewitnesses placed petitioner at the scene of the crime. But two of them had previously told the police that four Negroes committed the crime. Rhone’s confession, however, placed Harrington inside the store with a gun at the time of the attempted robbery and murder.
Cooper’s confession did not refer to Harrington by name. He referred to the fourth man as “the white boy” or “this white guy.” And he described him by age, height, and weight.
Bosby’s confession likewise did not mention Harrington by name but referred to him as a blond-headed fellow or “the white guy” or “the Patty.”
Both Cooper and Bosby said in their confessions that they did not see “the white guy” with a gun, which is at variance with the testimony of the prosecution witnesses.
Petitioner argues that it is irrelevant that he was not named in Cooper’s and Bosby’s confessions, that reference to “the white guy” made it as clear as pointing and shouting that the person referred to was the white man in the dock with the three Negroes. We make the same assumption. But we conclude that on these special facts the lack of opportunity to cross-examine Cooper and Bosby constituted harmless error under the rule of Chapman.
Rhone, whom Harrington’s counsel cross-examined, placed him in the store with a gun at the time of the murder. Harrington himself agreed he was there. Others testified he had a gun and was an active participant. Cooper and Bosby did not put a gun in his hands when he denied it.[2] They did place him at the scene of[*254] the crime. But others, including Harrington himself, did the same. Their evidence, supplied through their confessions, was of course cumulative. But apart from them the case against Harrington was so overwhelming that we conclude that this violation of Bruton was harmless beyond a reasonable doubt, unless we adopt the minority view in Chapman (386 U. S., at 42-45) that a departure from constitutional procedures should result in an automatic reversal, regardless of the weight of the evidence.
It is argued that we must reverse if we can imagine a single juror whose mind might have been made up because of Cooper’s and Bosby’s confessions and who otherwise would have remained in doubt and unconvinced. We of course do not know the jurors who sat. Our judgment must be based on our own reading of the record and on what seems to us to have been the probable impact of the two confessions on the minds of an average jury. We admonished in Chapman, 386 U. S., at 23, against giving too much emphasis to “overwhelming evidence” of guilt, stating that constitutional errors affecting the substantial rights of the aggrieved party could not be considered to be harmless. By that test we cannot impute reversible weight to the two confessions.
We do not depart from Chapman; nor do we dilute it by inference. We reaffirm it. We do not suggest that, if evidence bearing on all the ingredients of the crime is tendered, the use of cumulative evidence, though tainted, is harmless error. Our decision is based on the evidence in this record. The ease against Harrington was not woven from circumstantial evidence. It is so overwhelming that unless we say that no violation of Bruton can constitute harmless error, we must leave this state conviction undisturbed.
Affirmed.
All four were found to have participated in an attempted robbery in the course of which a store employee was killed. Each was found guilty of felony murder and sentenced to life imprisonment.
“All persons aiding and abetting the commission of a robbery are guilty of first degree murder when one of them kills while acting in furtherance of the common design.” People v. Washington, 62 Cal. 2d 777, 782, 402 P. 2d 130, 133.
Dissent
dissenting.
The Court today overrules Chapman v. California, 386 U. S. 18 (1967), the very case it purports to apply. Far more fundamentally, it severely undermines many of the Court’s most significant decisions in the area of criminal procedure.
In Chapman, we recognized that “harmless-error rules can work very unfair and mischievous results” unless they are narrowly circumscribed. Id., at 22. We emphasized that “[a]n error in admitting plainly relevant evidence which possibly influenced the jury adversely to a litigant cannot ... be conceived of as harmless.” Id., at 23-24. Thus, placing the burden of proof on the beneficiary of the error, we held that “before a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt.” Id., at 24. And, we left no doubt that for an error to be “harmless” it must have made no contribution to a criminal conviction. Id., at 26.
Chapman, then, meant no compromise with the proposition that a conviction cannot constitutionally be based to any extent on constitutional error. The Court today by shifting the inquiry from whether the constitutional error contributed to the conviction to whether the untainted evidence provided “overwhelming” support for the conviction puts aside the firm resolve of Chapman and makes that compromise. As a result, the deterrent effect of such cases as Mapp v. Ohio, 367 U. S. 643 (1961); Griffin v. California, 380 U. S. 609 (1965); Miranda v. Arizona, 384 U. S. 436 (1966); United States v. Wade, 388 U. S. 218 (1967); and Bruton v. United States, 391 U. S. 123 (1968), on the actions of both police and prosecutors, not to speak of trial courts, will be significantly undermined.
[*256] The Court holds that constitutional error in the trial of a criminal offense may be held harmless if there is “overwhelming” untainted evidence to support the conviction. This approach, however, was expressly rejected in Chapman, supra, at 23, and with good reason. For, where the inquiry concerns the extent of accumulation of untainted evidence rather than the impact of tainted evidence on the jury’s decision, convictions resulting from constitutional error may be insulated from attack. By its nature, the issue of substantiality of evidence admits of only the most limited kind of appellate review. Thus, the Court’s rule will often effectively leave the vindication of constitutional rights solely in the hands of trial judges. If, instead, the task of appellate courts is to appraise the impact of tainted evidence on a jury’s decision, as Chapman required, these courts will be better able to protect against deprivations of constitutional rights of criminal defendants. The focus of appellate inquiry should be on the character and quality of the tainted evidence as it relates to. the untainted evidence and not just on the amount of untainted evidence.
The instant case illustrates well the difference in application between the approach adopted by the Court today and the approach set down in Chapman. At issue is the evidence going to Harrington’s participation in the crime of attempted robbery, not the evidence going to his presence at the scene of the crime. Without the admittedly unconstitutional evidence against Harrington provided by the confessions of codefendants Bosby and Cooper, the prosecutor’s proof of Harrington’s participation in the crime consisted of the testimony of two victims of the attempted robbery and of codefendant Rhone. The testimony of the victims was weakened by the fact that they had earlier told the police that all the participants in the attempted robbery were Negroes. Rhone’s testimony against Harrington was[*257] self-serving in certain aspects. At the time of his arrest, Rhone was found in possession of a gun. On the stand, he explained that he was given the gun by Harrington after the attempted robbery, and that Harrington had carried the gun during the commission of the robbery. Thus, although there was more than ample evidence to establish Harrington’s participation in the attempted robbery, a jury might still have concluded that the case was not proved beyond a reasonable doubt. The confessions of the other two codefendants implicating Harrington in the crime were less self-serving and might well have tipped the balance in the jurors’ minds in favor of conviction. Certainly, the State has not carried its burden of demonstrating beyond a reasonable doubt that these two confessions did not contribute to Harrington’s conviction.
There should be no need to remind this Court that the appellate role in applying standards of sufficiency or substantiality of evidence is extremely limited. To apply such standards as threshold requirements to the raising of constitutional challenges to criminal convictions is to shield from attack errors of a most fundamental nature and thus to deprive many defendants of basic constitutional rights. I respectfully dissent.