United States v. Arturo Esparza (2015)

But it is “[t]he government [that] bears the burden of proving that the error was harmless beyond a reasonable doubt.” United States v. Esparza, 791 F.3d 1067, 1074 (9th Cir. 2015).

United States v. Esparza, 791 F.3d 1067, 1074 (9th Cir. 2015).

United States v. Esparza, 791 F.3d 1067, 1074 (9th Cir. 2015).

“The government bears the burden of proving that the error was harmless beyond a reasonable doubt.” United States v. Esparza, 791 F.3d 1067, 1074 (9th Cir. 2015).

“The government bears the burden of proving that the error was harmless beyond a reasonable doubt, and we assess this issue by considering ‘the importance of the witness’ testimony in the prosecution’s case, whether the testimony was cumulative, and, of course, the overall strength of the prosecution’s case.’” United States v. Esparza, 791 F.3d 1067, 1074 (9th Cir. 2015) (internal alteration omitted) (quoting Delaware v. Van Arsdall, 475 U.S. 673, 684 (1986)).

“While Crawford declined to provide a comprehensive definition of testimonial, the Court stated various formulations of the core class of testimonial statements.” United States v. Esparza, 791 F.3d 1067, 1071 (9th Cir. 2015) 4 Lucero does not maintain that there is a state court exhaustion requirement applicable to the government in federal court habeas cases.

In evaluating this issue, we consider “the importance of the witness’[s] testimony to the prosecution’s case, whether the testimony was cumulative, . . . and, of course, the overall strength of the prosecution’s case[.]” See United States v. Esparza, 791 F.3d 1067, 1074 (9th Cir. 2015) (quoting Delaware v. Van Arsdall, 475 U.S. 673, 684 (1986)).

See, e.g., United States v. Rivera-Carrasquillo, 933 F.3d 33, 47 (1st Cir. 2019) (“The government bears the burden of proving harmlessness.”); United States v. Groysman, 766 F.3d 147, 155 (2d Cir. 2014) (“With respect to harmless- error analysis, the government bears the burden of proof.”); United States v. Franz, 772 F.3d 134, 151 (3d Cir. 2014) (“The government bears the burden of establishing harmlessness.”); United States v. Garcia-Lagunas, 835 F.3d 479, 488 (4th Cir. 20…

See United States v. Esparza, 791 F.3d 1067 , 1071–72 (9th Cir. 2015).