harmlessness error (Connecticut) · Go Syfert
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harmlessness error in Connecticut

30 Connecticut opinions name it 2 courts 1986–2025 6 in the last five years

The cases below were cited by Connecticut courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (22)

CaseFollowedCited
United States v. McKyegreen
ca10 · 2013 · cited in 2 Connecticut opinions naming this issue, 2020–2020
2 sentences

2020Federal courts of appeals applying this harmlessness standard to cases involving multiple theories of guilt have required varying degrees of proof of harm.20 See Sorich v. United States, 709 F.3d 670, 674 (7th Cir. 2013) (‘‘[w]e have described the [harmless error] inquiry . . . as a question of whether the trial evidence was such that the jury must have convicted the petitioners on both [alternative] theories’’), cert. denied, 571 U.S. 1131 , 134 S. Ct. 952 , 187 L. Ed. 2d 786 (2014); United States v. Jefferson, 674 F.3d 332, 361 (4th Cir.) (‘‘if the evidence that the jury necessarily credited

2020Federal courts of appeals applying this harmlessness standard to cases involving multiple theories of guilt have required varying degrees of proof of harm.20 See Sorich v. United States, 709 F.3d 670, 674 (7th Cir. 2013) (‘‘[w]e have described the [harmless error] inquiry . . . as a question of whether the trial evidence was such that the jury must have convicted the petitioners on both [alternative] theories’’), cert. denied, 571 U.S. 1131 , 134 S. Ct. 952 , 187 L. Ed. 2d 786 (2014); United States v. Jefferson, 674 F.3d 332, 361 (4th Cir.) (‘‘if the evidence that the jury necessarily credited

22
Robert Sorich v. United Statesgreen
ca7 · 2013 · cited in 2 Connecticut opinions naming this issue, 2020–2020
2 sentences

2020Federal courts of appeals applying this harmlessness standard to cases involving multiple theories of guilt have required varying degrees of proof of harm.20 See Sorich v. United States, 709 F.3d 670, 674 (7th Cir. 2013) (‘‘[w]e have described the [harmless error] inquiry . . . as a question of whether the trial evidence was such that the jury must have convicted the petitioners on both [alternative] theories’’), cert. denied, 571 U.S. 1131 , 134 S. Ct. 952 , 187 L. Ed. 2d 786 (2014); United States v. Jefferson, 674 F.3d 332, 361 (4th Cir.) (‘‘if the evidence that the jury necessarily credited

2020Federal courts of appeals applying this harmlessness standard to cases involving multiple theories of guilt have required varying degrees of proof of harm.20 See Sorich v. United States, 709 F.3d 670, 674 (7th Cir. 2013) (‘‘[w]e have described the [harmless error] inquiry . . . as a question of whether the trial evidence was such that the jury must have convicted the petitioners on both [alternative] theories’’), cert. denied, 571 U.S. 1131 , 134 S. Ct. 952 , 187 L. Ed. 2d 786 (2014); United States v. Jefferson, 674 F.3d 332, 361 (4th Cir.) (‘‘if the evidence that the jury necessarily credited

22
United States v. Skillinggreen
ca5 · 2011 · cited in 2 Connecticut opinions naming this issue, 2020–2020
2 sentences

2020Federal courts of appeals applying this harmlessness standard to cases involving multiple theories of guilt have required varying degrees of proof of harm.20 See Sorich v. United States, 709 F.3d 670, 674 (7th Cir. 2013) (‘‘[w]e have described the [harmless error] inquiry . . . as a question of whether the trial evidence was such that the jury must have convicted the petitioners on both [alternative] theories’’), cert. denied, 571 U.S. 1131 , 134 S. Ct. 952 , 187 L. Ed. 2d 786 (2014); United States v. Jefferson, 674 F.3d 332, 361 (4th Cir.) (‘‘if the evidence that the jury necessarily credited

2020Federal courts of appeals applying this harmlessness standard to cases involving multiple theories of guilt have required varying degrees of proof of harm.20 See Sorich v. United States, 709 F.3d 670, 674 (7th Cir. 2013) (‘‘[w]e have described the [harmless error] inquiry . . . as a question of whether the trial evidence was such that the jury must have convicted the petitioners on both [alternative] theories’’), cert. denied, 571 U.S. 1131 , 134 S. Ct. 952 , 187 L. Ed. 2d 786 (2014); United States v. Jefferson, 674 F.3d 332, 361 (4th Cir.) (‘‘if the evidence that the jury necessarily credited

22
United States v. William Jeffersongreen
ca4 · 2012 · cited in 2 Connecticut opinions naming this issue, 2020–2020
2 sentences

2020Federal courts of appeals applying this harmlessness standard to cases involving multiple theories of guilt have required varying degrees of proof of harm.20 See Sorich v. United States, 709 F.3d 670, 674 (7th Cir. 2013) (‘‘[w]e have described the [harmless error] inquiry . . . as a question of whether the trial evidence was such that the jury must have convicted the petitioners on both [alternative] theories’’), cert. denied, 571 U.S. 1131 , 134 S. Ct. 952 , 187 L. Ed. 2d 786 (2014); United States v. Jefferson, 674 F.3d 332, 361 (4th Cir.) (‘‘if the evidence that the jury necessarily credited

2020Federal courts of appeals applying this harmlessness standard to cases involving multiple theories of guilt have required varying degrees of proof of harm.20 See Sorich v. United States, 709 F.3d 670, 674 (7th Cir. 2013) (‘‘[w]e have described the [harmless error] inquiry . . . as a question of whether the trial evidence was such that the jury must have convicted the petitioners on both [alternative] theories’’), cert. denied, 571 U.S. 1131 , 134 S. Ct. 952 , 187 L. Ed. 2d 786 (2014); United States v. Jefferson, 674 F.3d 332, 361 (4th Cir.) (‘‘if the evidence that the jury necessarily credited

22
State v. Sinclairgreen
conn · 1985 · cited in 2 Connecticut opinions naming this issue, 1986–2016
2 sentences

2016Id., at 586 , 500 A.2d 539 .

2016Id., at 586 , 500 A.2d 539 .

12
State v. Torresgreen
conn · 2022 · cited in 1 Connecticut opinions naming this issue, 2024–2024
2 sentences

2024The harmlessness of an error depends [on] its impact on the trier and the result . . . .’’), cert. denied, 475 U.S. 1119 , 106 S. Ct. 1635 , 90 L. Ed. 2d 181 (1986); see also State v. Torres, 343 Conn. 208 , 245, 273 A.3d 163 (2022) (Ecker, J., dissenting) (‘‘the legal sufficiency of the evidence is not the issue, and the . . . marshaling of evidence sufficient to support the conviction misapprehends the point of harmless error analysis’’).

2024The harmlessness of an error depends [on] its impact on the trier and the result . . . .’’), cert. denied, 475 U.S. 1119 , 106 S. Ct. 1635 , 90 L. Ed. 2d 181 (1986); see also State v. Torres, 343 Conn. 208 , 245, 273 A.3d 163 (2022) (Ecker, J., dissenting) (‘‘the legal sufficiency of the evidence is not the issue, and the . . . marshaling of evidence sufficient to support the conviction misapprehends the point of harmless error analysis’’).

11
Northeast Builders Supply & Home Centers, LLC v. RMM Consulting, LLCgreen
connappct · 2021 · cited in 1 Connecticut opinions naming this issue, 2022–2022
1 sentence

2022See State v. Russaw, 336 Conn. 933 , 248 A.3d 1 (2021). 11 Under Golding, a defendant may prevail on an unpreserved claim only if the record is adequate for review of the claim, the claim is of constitutional magnitude alleging the violation of a fundamental right, the alleged constitutional violation exists and deprived the defendant of a fair trial, and the state cannot demonstrate the harmlessness of the violation.

11
State v. Thomasgreen
lactapp · 1999 · cited in 1 Connecticut opinions naming this issue, 2021–2021
1 sentence

2021See, e.g., White v. State, 729 So. 2d 909, 915 (Fla. 1999); State v. Thomas, 750 So. 2d 1114, 1126 (La. App. 1999), writ denied, 795 So. 2d 1203 (La. 2001); Sanchez v. State, 272 Or. App. 226 , 241 n.10, 355 P.3d 172 , review denied, 358 Or. 449 , 366 P.3d 719 (2015); Ex parte Fierro, 934 S.W.2d 370, 372 (Tex. Crim. App. 1996), cert. denied sub nom.

11
White v. Stategreen
fla · 1999 · cited in 1 Connecticut opinions naming this issue, 2021–2021
1 sentence

2021See, e.g., White v. State, 729 So. 2d 909, 915 (Fla. 1999); State v. Thomas, 750 So. 2d 1114, 1126 (La. App. 1999), writ denied, 795 So. 2d 1203 (La. 2001); Sanchez v. State, 272 Or. App. 226 , 241 n.10, 355 P.3d 172 , review denied, 358 Or. 449 , 366 P.3d 719 (2015); Ex parte Fierro, 934 S.W.2d 370, 372 (Tex. Crim. App. 1996), cert. denied sub nom.

11
Ex Parte Fierrogreen
texcrimapp · 1996 · cited in 1 Connecticut opinions naming this issue, 2021–2021
1 sentence

2021See, e.g., White v. State, 729 So. 2d 909, 915 (Fla. 1999); State v. Thomas, 750 So. 2d 1114, 1126 (La. App. 1999), writ denied, 795 So. 2d 1203 (La. 2001); Sanchez v. State, 272 Or. App. 226 , 241 n.10, 355 P.3d 172 , review denied, 358 Or. 449 , 366 P.3d 719 (2015); Ex parte Fierro, 934 S.W.2d 370, 372 (Tex. Crim. App. 1996), cert. denied sub nom.

11
United States v. Nigel D. Incegreen
ca4 · 1994 · cited in 1 Connecticut opinions naming this issue, 2019–2019
1 sentence

2019E.g., Kotteakos v. United States, 328 U.S. 750, 765 , 66 S. Ct. 1239 , 90 L. Ed. 1557 (1946) (‘‘[t]he [harmlessness] inquiry cannot be merely whether there was enough to support the result’’); United States v. Ince, 21 F.3d 576, 583 (4th Cir. 1994) (‘‘more [stringent]’’ harmless error inquiry ‘‘does not ask simply whether we believe that irrespective of the error there was sufficient untainted evidence to convict,’’ but ‘‘whether we believe it highly probable that the error did not affect the judgment’’ [internal quotation marks omitted]).

11
Nino v. United Statesgreen
scotus · 2005 · cited in 1 Connecticut opinions naming this issue, 2016–2016
1 sentence

2016See United States v. Brand, supra, 80 F.3d at 567-68 ; see also United States v. Medina-Martinez, 396 F.3d 1 , 9-10 (1st Cir.) (failure to give instruction pursuant to Carter v. Kentucky, supra, 450 U.S. 288 , 101 S.Ct. 1112 , not plain error because jury instructions covered presumption of innocence and burden of proof and court was "confident that the evidence ... would have resulted in a guilty verdict irrespective of the instructional error"), cert. denied, 544 U.S. 1007 , 125 S.Ct. 1955 , 161 L.Ed.2d 786 (2005).

11
Altschul v. United Statesgreen
scotus · 2005 · cited in 1 Connecticut opinions naming this issue, 2016–2016
1 sentence

2016See United States v. Brand, supra, 80 F.3d at 567-68 ; see also United States v. Medina-Martinez, 396 F.3d 1 , 9-10 (1st Cir.) (failure to give instruction pursuant to Carter v. Kentucky, supra, 450 U.S. 288 , 101 S.Ct. 1112 , not plain error because jury instructions covered presumption of innocence and burden of proof and court was "confident that the evidence ... would have resulted in a guilty verdict irrespective of the instructional error"), cert. denied, 544 U.S. 1007 , 125 S.Ct. 1955 , 161 L.Ed.2d 786 (2005).

11
United States v. Brandgreen
ca1 · 1996 · cited in 1 Connecticut opinions naming this issue, 2016–2016
1 sentence

2016See United States v. Brand, supra, 80 F.3d at 567-68 ; see also United States v. Medina-Martinez, 396 F.3d 1 , 9-10 (1st Cir.) (failure to give instruction pursuant to Carter v. Kentucky, supra, 450 U.S. 288 , 101 S.Ct. 1112 , not plain error because jury instructions covered presumption of innocence and burden of proof and court was "confident that the evidence ... would have resulted in a guilty verdict irrespective of the instructional error"), cert. denied, 544 U.S. 1007 , 125 S.Ct. 1955 , 161 L.Ed.2d 786 (2005).

11
United States v. Medina-Martinezgreen
ca1 · 2005 · cited in 1 Connecticut opinions naming this issue, 2016–2016
1 sentence

2016See United States v. Brand, supra, 80 F.3d at 567-68 ; see also United States v. Medina-Martinez, 396 F.3d 1 , 9-10 (1st Cir.) (failure to give instruction pursuant to Carter v. Kentucky, supra, 450 U.S. 288 , 101 S.Ct. 1112 , not plain error because jury instructions covered presumption of innocence and burden of proof and court was "confident that the evidence ... would have resulted in a guilty verdict irrespective of the instructional error"), cert. denied, 544 U.S. 1007 , 125 S.Ct. 1955 , 161 L.Ed.2d 786 (2005).

11
Carter v. Kentuckygreen
scotus · 1981 · cited in 1 Connecticut opinions naming this issue, 2016–2016
2 sentences

2016I note that the United States Court of Appeals for the First Circuit has held similarly with respect to whether a trial court's failure to comply with Carter v. Kentucky, supra, 450 U.S. 288 , 101 S.Ct. 1112 , is "plain" error and "affect[ed] substantial rights"; United States v. Olano, 507 U.S. 725 , 736-37, 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993) ; and has engaged in a harmlessness analysis with respect to whether an unpreserved error of a violation of Carter v. Kentucky, supra, 450 U.S. 288 , 101 S.Ct. 1112 , warranted reversal under the federal plain error rule, rule 52(b) of the Federal R

2016I note that the United States Court of Appeals for the First Circuit has held similarly with respect to whether a trial court's failure to comply with Carter v. Kentucky, supra, 450 U.S. 288 , 101 S.Ct. 1112 , is "plain" error and "affect[ed] substantial rights"; United States v. Olano, 507 U.S. 725 , 736-37, 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993) ; and has engaged in a harmlessness analysis with respect to whether an unpreserved error of a violation of Carter v. Kentucky, supra, 450 U.S. 288 , 101 S.Ct. 1112 , warranted reversal under the federal plain error rule, rule 52(b) of the Federal R

11
State v. Carrasquillogreen
conn · 2009 · cited in 1 Connecticut opinions naming this issue, 2014–2014
11
Levine v. Gallup Sand and Gravel Companygreen
nm · 1971 · cited in 1 Connecticut opinions naming this issue, 2010–2010
11
Duffy v. Vogelgreen
ny · 2009 · cited in 1 Connecticut opinions naming this issue, 2010–2010
11
State v. Ramirezgreen
connappct · 2006 · cited in 1 Connecticut opinions naming this issue, 2006–2006
11
United States v. Harry Lloyd Davisgreen
ca5 · 1977 · cited in 1 Connecticut opinions naming this issue, 1990–1990
11
United States v. Evasio Hernandez, A/k/a, Eduardo Gonzalezgreen
ca5 · 1978 · cited in 1 Connecticut opinions naming this issue, 1988–1988
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Connecticut. Read the followed side critically anyway.

Also cited on this issue (33)

CaseCitedYears
State v. Golding green
conn · 1989
2 sentences

2022She further contends that, even if the error is amenable to a harmlessness analysis, the record demonstrates that ‘‘having one attorney represent three children with differing goals’’ was harmful because it ‘‘made it impossible for the trial court to properly determine . . . in the first instance, whether the respondent was unable to achieve a degree of personal rehabilitation as to encourage the belief that she could assume a responsible position in her children’s lives within a reasonable time. [It] also made it impossible for the trial court to properly determine whether it was in the best

2022She further contends that, even if the error is amenable to a harmlessness analysis, the record demonstrates that ‘‘having one attorney represent three children with differing goals’’ was harmful because it ‘‘made it impossible for the trial court to properly determine . . . in the first instance, whether the respondent was unable to achieve a degree of personal rehabilitation as to encourage the belief that she could assume a responsible position in her children’s lives within a reasonable time. [It] also made it impossible for the trial court to properly determine whether it was in the best

31993–2022
Neder v. United States green
scotus · 1999
2 sentences

2020In determining whether the threat is a true threat, consider the particular factual context in which the allegations—in which the allegedly threatening conduct occurred, which could include the reaction of the person allegedly being threatened and the defendant’s conduct before and after the alleged threatening conduct.’’ 19 The defendant contends that the harmlessness rule in Neder v. United States, 527 U.S. 1 , 15-17, 119 S. Ct. 1827 , 144 L. Ed. 2d 35 (1999), guides the analysis in the present case.

2020In determining whether the threat is a true threat, consider the particular factual context in which the allegations—in which the allegedly threatening conduct occurred, which could include the reaction of the person allegedly being threatened and the defendant’s conduct before and after the alleged threatening conduct.’’ 19 The defendant contends that the harmlessness rule in Neder v. United States, 527 U.S. 1 , 15-17, 119 S. Ct. 1827 , 144 L. Ed. 2d 35 (1999), guides the analysis in the present case.

32005–2020
State v. Shifflett green
conn · 1986
2 sentences

2010The harmlessness of an error depends upon its impact on the trier and the result . . . and the test is whether there is a reasonable possibility that the improperly admitted evidence contributed to the conviction.” (Citations omitted; internal quotation marks omitted.) State v. Shifflett, 199 Conn. 718, 751-52 , 508 A.2d 748 (1986).

2010The harmlessness of an error depends upon its impact on the trier and the result . . . and the test is whether there is a reasonable possibility that the improperly admitted evidence contributed to the conviction.” (Citations omitted; internal quotation marks omitted.) State v. Shifflett, 199 Conn. 718, 751-52 , 508 A.2d 748 (1986).

31989–2010
State v. Moscone green
conn · 1976
2 sentences

1988The harmlessness of an error depends upon its impact on the trier and the result, not upon whether the particular evidence involved was legally essential to support the finding.” See United States v. Hernandez, 574 F.2d 1362, 1372 (5th Cir. 1978) (error not harmless “[a]lthough there appears to be an ample basis to sustain the conviction”); State v. Moscone, 171 Conn. 500, 508-509 , 370 A.2d 1030 (1976) (Miranda violation was not harmless “despite the abundance of properly admitted evidence which tended to prove the defendant’s guilt”); State v. Dullivan, 10 Conn. App. 474, 479 , 523 A.2d 1353

1988The harmlessness of an error depends upon its impact on the trier and the result, not upon whether the particular evidence involved was legally essential to support the finding.” See United States v. Hernandez, 574 F.2d 1362, 1372 (5th Cir. 1978) (error not harmless “[a]lthough there appears to be an ample basis to sustain the conviction”); State v. Moscone, 171 Conn. 500, 508-509 , 370 A.2d 1030 (1976) (Miranda violation was not harmless “despite the abundance of properly admitted evidence which tended to prove the defendant’s guilt”); State v. Dullivan, 10 Conn. App. 474, 479 , 523 A.2d 1353

31988–1994
State v. Hoeplinger green
conn · 1988
2 sentences

1992Ed. 2d 340 (1972); State v. Hoeplinger, 206 Conn. 278, 294 , 537 A.2d 1010 (1988). “ ‘The harmlessness of an error depends upon its impact on the trier and the result, not upon whether the particular evidence involved was legally essential to support the finding.’ ” State v. Hoeplinger, supra, 295 .

1992Ed. 2d 340 (1972); State v. Hoeplinger, 206 Conn. 278, 294 , 537 A.2d 1010 (1988). “ ‘The harmlessness of an error depends upon its impact on the trier and the result, not upon whether the particular evidence involved was legally essential to support the finding.’ ” State v. Hoeplinger, supra, 295 .

31989–1992
Bruno v. Connecticut green
scotus · 1986
2 sentences

2022The harmlessness of an error depends [on] its impact on the trier and the result’’; State v. Bruno, 197 Conn. 326, 336 , 497 A.2d 758 (1985) (Shea, J., concurring), cert. denied, 475 U.S. 1119 , 106 S. Ct. 1635 , 90 L. Ed. 2d 181 (1986); not on whether the evidence, when viewed in the light most favorable to the jury’s verdict, was sufficient to support an inference of guilt.

2022The harmlessness of an error depends [on] its impact on the trier and the result’’; State v. Bruno, 197 Conn. 326, 336 , 497 A.2d 758 (1985) (Shea, J., concurring), cert. denied, 475 U.S. 1119 , 106 S. Ct. 1635 , 90 L. Ed. 2d 181 (1986); not on whether the evidence, when viewed in the light most favorable to the jury’s verdict, was sufficient to support an inference of guilt.

21989–2022
State v. Bruno green
conn · 1985
2 sentences

2022The harmlessness of an error depends [on] its impact on the trier and the result’’; State v. Bruno, 197 Conn. 326, 336 , 497 A.2d 758 (1985) (Shea, J., concurring), cert. denied, 475 U.S. 1119 , 106 S. Ct. 1635 , 90 L. Ed. 2d 181 (1986); not on whether the evidence, when viewed in the light most favorable to the jury’s verdict, was sufficient to support an inference of guilt.

2022The harmlessness of an error depends [on] its impact on the trier and the result’’; State v. Bruno, 197 Conn. 326, 336 , 497 A.2d 758 (1985) (Shea, J., concurring), cert. denied, 475 U.S. 1119 , 106 S. Ct. 1635 , 90 L. Ed. 2d 181 (1986); not on whether the evidence, when viewed in the light most favorable to the jury’s verdict, was sufficient to support an inference of guilt.

21989–2022
State v. Smith green
conn · 2002
2 sentences

2004State v. Smith, 73 Conn. App. 173, 201 , 807 A.2d 500 , cert. denied, 262 Conn. 923 , 812 A.2d 865 (2002).

2004State v. Smith, 73 Conn. App. 173, 201 , 807 A.2d 500 , cert. denied, 262 Conn. 923 , 812 A.2d 865 (2002).

22003–2004
State v. Smith green
connappct · 2002
2 sentences

2004State v. Smith, 73 Conn. App. 173, 201 , 807 A.2d 500 , cert. denied, 262 Conn. 923 , 812 A.2d 865 (2002).

2004State v. Smith, 73 Conn. App. 173, 201 , 807 A.2d 500 , cert. denied, 262 Conn. 923 , 812 A.2d 865 (2002).

22003–2004
Lassiter v. Department of Social Servs. of Durham Cty. green
scotus · 1981
2 sentences

2025We agree with the petitioner and conclude that, assuming that the respondent had a constitutional right to the effective assistance of counsel at the termination hearing; see In re Jonathan M., supra, 255 Conn. 225 (noting that parent ‘‘is constitutionally entitled to the effective assistance of counsel only if he had a constitutional right to appointed counsel in the termination proceeding’’);11 Cronic’s presumption 11 The parties agree that whether the respondent had a constitutional right to the effective assistance of counsel under the fourteenth amendment to the federal constitution depen

2025We agree with the petitioner and conclude that, assuming that the respondent had a constitutional right to the effective assistance of counsel at the termination hearing; see In re Jonathan M., supra, 255 Conn. 225 (noting that parent ‘‘is constitutionally entitled to the effective assistance of counsel only if he had a constitutional right to appointed counsel in the termination proceeding’’);11 Cronic’s presumption 11 The parties agree that whether the respondent had a constitutional right to the effective assistance of counsel under the fourteenth amendment to the federal constitution depen

12025–2025
Sanchez v. State green
orctapp · 2015
2 sentences

2021See, e.g., White v. State, 729 So. 2d 909, 915 (Fla. 1999); State v. Thomas, 750 So. 2d 1114, 1126 (La. App. 1999), writ denied, 795 So. 2d 1203 (La. 2001); Sanchez v. State, 272 Or. App. 226 , 241 n.10, 355 P.3d 172 , review denied, 358 Or. 449 , 366 P.3d 719 (2015); Ex parte Fierro, 934 S.W.2d 370, 372 (Tex. Crim. App. 1996), cert. denied sub nom.

2021See, e.g., White v. State, 729 So. 2d 909, 915 (Fla. 1999); State v. Thomas, 750 So. 2d 1114, 1126 (La. App. 1999), writ denied, 795 So. 2d 1203 (La. 2001); Sanchez v. State, 272 Or. App. 226 , 241 n.10, 355 P.3d 172 , review denied, 358 Or. 449 , 366 P.3d 719 (2015); Ex parte Fierro, 934 S.W.2d 370, 372 (Tex. Crim. App. 1996), cert. denied sub nom.

12021–2021
State v. Thomas neutral
la · 2001
1 sentence

2021See, e.g., White v. State, 729 So. 2d 909, 915 (Fla. 1999); State v. Thomas, 750 So. 2d 1114, 1126 (La. App. 1999), writ denied, 795 So. 2d 1203 (La. 2001); Sanchez v. State, 272 Or. App. 226 , 241 n.10, 355 P.3d 172 , review denied, 358 Or. 449 , 366 P.3d 719 (2015); Ex parte Fierro, 934 S.W.2d 370, 372 (Tex. Crim. App. 1996), cert. denied sub nom.

12021–2021
State v. Whitford green
conn · 2002
2 sentences

2020See State v. Golding, supra, 239-40. ‘‘[T]he first two [prongs of Golding] involve a determination [as to] whether the claim is reviewable; the second two . . . involve a determination [as to] whether the defendant may prevail.’’ (Internal quotation marks omitted.) State v. Whitford, 260 Conn. 610, 621 , 799 A.2d 1034 (2002).

2020See State v. Golding, supra, 239-40. ‘‘[T]he first two [prongs of Golding] involve a determination [as to] whether the claim is reviewable; the second two . . . involve a determination [as to] whether the defendant may prevail.’’ (Internal quotation marks omitted.) State v. Whitford, 260 Conn. 610, 621 , 799 A.2d 1034 (2002).

12020–2020
Kotteakos v. United States green
scotus · 1946
2 sentences

2019E.g., Kotteakos v. United States, 328 U.S. 750, 765 , 66 S. Ct. 1239 , 90 L. Ed. 1557 (1946) (‘‘[t]he [harmlessness] inquiry cannot be merely whether there was enough to support the result’’); United States v. Ince, 21 F.3d 576, 583 (4th Cir. 1994) (‘‘more [stringent]’’ harmless error inquiry ‘‘does not ask simply whether we believe that irrespective of the error there was sufficient untainted evidence to convict,’’ but ‘‘whether we believe it highly probable that the error did not affect the judgment’’ [internal quotation marks omitted]).

2019E.g., Kotteakos v. United States, 328 U.S. 750, 765 , 66 S. Ct. 1239 , 90 L. Ed. 1557 (1946) (‘‘[t]he [harmlessness] inquiry cannot be merely whether there was enough to support the result’’); United States v. Ince, 21 F.3d 576, 583 (4th Cir. 1994) (‘‘more [stringent]’’ harmless error inquiry ‘‘does not ask simply whether we believe that irrespective of the error there was sufficient untainted evidence to convict,’’ but ‘‘whether we believe it highly probable that the error did not affect the judgment’’ [internal quotation marks omitted]).

12019–2019
United States v. Olano red
scotus · 1993
12016–2016
O'NEAL v. McAninch green
scotus · 1995
12016–2016
Schiappa v. Connecticut green
scotus · 1999
12014–2014
State v. Schiappa green
conn · 1999
12014–2014
Stuart v. Stuart green
conn · 2010
12014–2014
State v. O'Neil green
conn · 2002
12010–2010
State v. Ramirez green
conn · 2006
12006–2006
State v. Montgomery green
conn · 2000
12005–2005
State v. Aleksiewicz green
connappct · 1990
11996–1996
Daly v. Unemployment Compensation Board of Review green
pacommwct · 1993
11996–1996
State v. Graham green
conn · 1986
11996–1996
State v. Paulino green
conn · 1992
11996–1996
State v. Johnson green
conn · 1990
11991–1991
Davis v. United States green
scotus · 1977
11990–1990
State v. Silano green
conn · 1987
11990–1990
Paschall v. United States green
scotus · 1986
11989–1989
State v. Dullivan green
connappct · 1987
11988–1988
Rose v. Clark red
scotus · 1986
11988–1988
People v. Rivers neutral
nyappdiv · 1978
11988–1988

Statutes the citing opinions construe

CT § Conn. Gen. Stat. § 1-2z (4) CT § Conn. Gen. Stat. § 53a-54a (4) CT § Conn. Gen. Stat. § 53a-59 (4) CT § Conn. Gen. Stat. § 53a-70 (4) CT § Conn. Gen. Stat. § 53a-92 (4) CT § Conn. Gen. Stat. § 51-199 (3) CT § Conn. Gen. Stat. § 53a-134 (3) CT § Conn. Gen. Stat. § 53a-48 (3) CT § Conn. Gen. Stat. § 53a-91 (3) USC § 18u.s.c.2265 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 166 (1954–2026) CA 62 (1987–2026) KS 51 (2006–2026) CT 30 (1986–2025) OR 28 (1992–2026) WA 25 (2003–2026) DC 20 (1987–2026) PA 19 (1987–2024) TN 10 (1997–2018) VA 9 (1997–2006) UT 9 (1993–2026) WV 8 (1996–2025) NV 7 (2015–2022) NC 7 (1992–2008) NY 7 (1980–2025) GA 6 (2019–2026) NH 5 (1992–2007) CO 5 (2016–2025) MI 5 (1985–2024) IA 4 (2013–2016) FL 4 (2000–2017) WY 4 (2003–2023) OH 3 (2014–2016) MD 3 (1999–2012) IL 3 (1991–2011) MS 3 (1997–2010) AZ 3 (1989–2019) MN 2 (2013–2013) IN 2 (2002–2006) AK 2 (2019–2022) HI 2 (2012–2012) NJ 2 (1965–1997) RI 2 (2002–2008) NM 2 (1993–2004)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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