issue of harmless error (California) · Go Syfert
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issue of harmless error in California

13 California opinions name it 2 courts 1984–2025 4 in the last five years

The cases below were cited by California 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 (9)

CaseFollowedCited
Chapman v. Californiared
scotus · 1967 · cited in 2 California opinions naming this issue, 1996–2024
2 sentences

2024Hall further contends that the exclusion of the evidence not only violated state evidentiary rules but also infringed on his constitutional rights to a fair trial and due process, and therefore the issue of harmless error should be evaluated under Chapman v. California (1967) 386 U.S. 18, 24 (Chapman) [requiring “harmless beyond a reasonable doubt” for errors of constitutional dimension].

1996(Chapman v. California (1967) 386 U.S. 18, 24 [ 17 L.Ed.2d 705, 710-711 , 87 S.Ct. 824 , 24 A.L.R.3d 1065 ]; see also Pope v. Illinois (1987) 481 U.S. 497, 502 [ 95 L.Ed.2d 439, 446 , 107 S.Ct. 1918 ]; People v. Hayes [1990] 52 Cal.3d 577, 628 [ 276 Cal.Rptr. 874 , 802 P.2d 376 ].) To determine whether an error ‘contributed to’ a verdict, a reviewing court does not ask whether a hypothetical jury in a hypothetical trial in which the error did not occur would surely have reached the same verdict.

22
Waller v. TJD, INC.green
calctapp · 1993 · cited in 2 California opinions naming this issue, 2004–2004
2 sentences

2004Finally, we do not address the issue of harmless error in the context of an appeal from a final judgment when the defendant seeks to challenge the pretrial denial of a special motion to strike. (§ 906; see Waller v. TJD, Inc. (1993) 12 Cal.App.4th 830 , 833 [ 16 Cal.Rptr.2d 38 ] [pretrial summary judgment denial subject to Cal. Const., art.

2004Finally, we do not address the issue of harmless error in the context of an appeal from a final judgment when the defendant seeks to challenge the pretrial denial of a special motion to strike. (§ 906; see Waller v. TJD, Inc. (1993) 12 Cal.App.4th 830 , 833 [ 16 Cal.Rptr.2d 38 ] [pretrial summary judgment denial subject to Cal. Const., art.

22
Palmer v. Ted Stevens Honda, Inc.green
calctapp · 1987 · cited in 1 California opinions naming this issue, 2022–2022
1 sentence

2022(See Palmer v. Ted Stevens Honda, Inc. (1987) 193 Cal.App.3d 530, 542 [similar conclusion].) Galyardt contends the Lenders forfeited the issue of harmless error by failing to provide a meaningful legal analysis.

11
Illinois v. Krullgreen
scotus · 1987 · cited in 1 California opinions naming this issue, 2020–2020
1 sentence

2020Code, § 1546.1, subd. (c)(7), italics added [“government entity may access electronic device information by means of physical interaction . . . with the device . . . [¶] … [¶] [i]f the government entity, in good faith, believes the device to be lost, stolen, or abandoned, provided that the entity shall only access electronic device information in order to attempt to identify, verify, or contact the owner . . . of the device”]; see also Illinois v. Krull (1987) 480 U.S. 340, 360-361, fn. 17 [“a good-faith exception [exists] when officers reasonably rely on statutes and act within the scope of t

11
People v. O'Bryangreen
· 1913 · cited in 1 California opinions naming this issue, 2015–2015
1 sentence

2015(See O’Bryan, supra, 165 Cal. at p. 66 [―We are not substituted for the jury.

11
People v. Washingtongreen
calctapp · 2012 · cited in 1 California opinions naming this issue, 2015–2015
1 sentence

2015(People v. Washington (2012) 210 Cal.App.4th 1042, 1045, fn. 2 .) 3 All further statutory references are to the Penal Code unless otherwise specified. 4 At the time defendant committed the acts of forcible sodomy against his daughter, section 269 mandated that any defendant who was found to have committed any of the acts listed in subdivision (a) against a child who was under 14 years of age and 10 or 2 years-to-life in state prison, which included six consecutive 15-years-to-life terms for the aggravated sexual assault convictions. 1.

11
People v. Hayesgreen
cal · 1990 · cited in 1 California opinions naming this issue, 1996–1996
2 sentences

1996(Chapman v. California (1967) 386 U.S. 18, 24 [ 17 L.Ed.2d 705, 710-711 , 87 S.Ct. 824 , 24 A.L.R.3d 1065 ]; see also Pope v. Illinois (1987) 481 U.S. 497, 502 [ 95 L.Ed.2d 439, 446 , 107 S.Ct. 1918 ]; People v. Hayes [1990] 52 Cal.3d 577, 628 [ 276 Cal.Rptr. 874 , 802 P.2d 376 ].) To determine whether an error ‘contributed to’ a verdict, a reviewing court does not ask whether a hypothetical jury in a hypothetical trial in which the error did not occur would surely have reached the same verdict.

1996(Chapman v. California (1967) 386 U.S. 18, 24 [ 17 L.Ed.2d 705, 710-711 , 87 S.Ct. 824 , 24 A.L.R.3d 1065 ]; see also Pope v. Illinois (1987) 481 U.S. 497, 502 [ 95 L.Ed.2d 439, 446 , 107 S.Ct. 1918 ]; People v. Hayes [1990] 52 Cal.3d 577, 628 [ 276 Cal.Rptr. 874 , 802 P.2d 376 ].) To determine whether an error ‘contributed to’ a verdict, a reviewing court does not ask whether a hypothetical jury in a hypothetical trial in which the error did not occur would surely have reached the same verdict.

11
Pope v. Illinoisgreen
scotus · 1987 · cited in 1 California opinions naming this issue, 1996–1996
2 sentences

1996(Chapman v. California (1967) 386 U.S. 18, 24 [ 17 L.Ed.2d 705, 710-711 , 87 S.Ct. 824 , 24 A.L.R.3d 1065 ]; see also Pope v. Illinois (1987) 481 U.S. 497, 502 [ 95 L.Ed.2d 439, 446 , 107 S.Ct. 1918 ]; People v. Hayes [1990] 52 Cal.3d 577, 628 [ 276 Cal.Rptr. 874 , 802 P.2d 376 ].) To determine whether an error ‘contributed to’ a verdict, a reviewing court does not ask whether a hypothetical jury in a hypothetical trial in which the error did not occur would surely have reached the same verdict.

1996(Chapman v. California (1967) 386 U.S. 18, 24 [ 17 L.Ed.2d 705, 710-711 , 87 S.Ct. 824 , 24 A.L.R.3d 1065 ]; see also Pope v. Illinois (1987) 481 U.S. 497, 502 [ 95 L.Ed.2d 439, 446 , 107 S.Ct. 1918 ]; People v. Hayes [1990] 52 Cal.3d 577, 628 [ 276 Cal.Rptr. 874 , 802 P.2d 376 ].) To determine whether an error ‘contributed to’ a verdict, a reviewing court does not ask whether a hypothetical jury in a hypothetical trial in which the error did not occur would surely have reached the same verdict.

11
United States v. Charles Hodgesgreen
ca7 · 1975 · cited in 1 California opinions naming this issue, 1984–1984
1 sentence

1984Four witnesses identified the defendant at trial in People v. Cardenas (1982) 31 Cal.3d 897 [ 184 Cal.Rptr. 165 , 647 P.2d 569 ], Stating that both it, and the United States Supreme Court have recognized eyewitness identifications often are unreliable, it found the multiple cross-cultural identifications of an armed robber to be entitled to little independent weight in determining the issue of harmless error. 8 (Id., at pp. 907-910; see also United States v. Hodges (7th Cir. 1975) 515 F.2d 650 , three positive eyewitnesses plus the arresting officer; and People v. Roberts, supra, 256 Cal.App.2

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (13)

CaseCitedYears
People v. Watson green
cal · 1956
2 sentences

2024Although we agree with Lee that the trial court erred in admitting the two videos, we 23 nevertheless conclude based on our review of the entire record that the error was harmless under People v. Watson (1956) 46 Cal.2d 818 (Watson).

2014The court, observed that since the enactment of the statute, the California trial courts have been unified and that often the superior court judge, who acts as a magistrate on the 5 felony complaint, may be the trial judge on the information. ( Crayton, supra, at pp. 360- 361.) After analyzing the requirements of section 987, subdivision (a), the court determined that any error in the process of readvising a defendant of the right to counsel, where there was an earlier valid waiver of those rights is subject to the harmless error analysis of People v. Watson (1956) 46 Cal.2d 818, 836 . ( Crayt

22014–2024
People v. Blakeley green
cal · 2000
1 sentence

2025Thus, neither case is persuasive authority for the proposition that intent to kill is necessary for a voluntary manslaughter conviction.” (Blakeley, supra, 23 Cal.4th at p. 91 .) 5 Again, because we conclude that no error occurred, we need not address the issue of harmless error. 10 DISPOSITION The judgment is affirmed.

12025–2025
Meiner v. Ford Motor Co. green
calctapp · 1971
1 sentence

2015(See, e.g., Elkins v. Superior Court (2007) 41 Cal.4th 1337, 1358 ; People v. Lewis (2001) 26 Cal.4th 334, 359 ; Meiner v. Ford Motor Co. (1971) 17 Cal.App.3d 127 , 140–141.) It is already imperative, when the issue of harmless error is fully litigated by the parties, that reviewing courts exercise caution in reweighing the evidence.

12015–2015
People v. Lewis green
cal · 2001
1 sentence

2015(See, e.g., Elkins v. Superior Court (2007) 41 Cal.4th 1337, 1358 ; People v. Lewis (2001) 26 Cal.4th 334, 359 ; Meiner v. Ford Motor Co. (1971) 17 Cal.App.3d 127 , 140–141.) It is already imperative, when the issue of harmless error is fully litigated by the parties, that reviewing courts exercise caution in reweighing the evidence.

12015–2015
Elkins v. Superior Court green
cal · 2007
1 sentence

2015(See, e.g., Elkins v. Superior Court (2007) 41 Cal.4th 1337, 1358 ; People v. Lewis (2001) 26 Cal.4th 334, 359 ; Meiner v. Ford Motor Co. (1971) 17 Cal.App.3d 127 , 140–141.) It is already imperative, when the issue of harmless error is fully litigated by the parties, that reviewing courts exercise caution in reweighing the evidence.

12015–2015
People v. Crayton green
cal · 2002
2 sentences

2014The court, observed that since the enactment of the statute, the California trial courts have been unified and that often the superior court judge, who acts as a magistrate on the 5 felony complaint, may be the trial judge on the information. ( Crayton, supra, at pp. 360- 361.) After analyzing the requirements of section 987, subdivision (a), the court determined that any error in the process of readvising a defendant of the right to counsel, where there was an earlier valid waiver of those rights is subject to the harmless error analysis of People v. Watson (1956) 46 Cal.2d 818, 836 . ( Crayt

2014The court, observed that since the enactment of the statute, the California trial courts have been unified and that often the superior court judge, who acts as a magistrate on the 5 felony complaint, may be the trial judge on the information. ( Crayton, supra, at pp. 360- 361.) After analyzing the requirements of section 987, subdivision (a), the court determined that any error in the process of readvising a defendant of the right to counsel, where there was an earlier valid waiver of those rights is subject to the harmless error analysis of People v. Watson (1956) 46 Cal.2d 818, 836 . ( Crayt

12014–2014
People v. Sedeno green
cal · 1974
1 sentence

1997(Carella v. California (1989) 491 U.S. 263 , 270 . . . (conc. opn. of Scalia, J.); People v. Sedeno (1974) 10 Cal.3d 703 , 721 . . . , overruled on another ground, People v. Flannel (1979) 25 Cal.3d 668, 684 , fn. 12 . . . .)” (People v. Ochoa, supra, 231 Cal.App.3d at p. 1424 .) 16 In 1993, the United States Supreme Court returned to the issue of harmless error analysis.

11997–1997
People v. Ochoa green
calctapp · 1991
1 sentence

1997(Carella v. California (1989) 491 U.S. 263 , 270 . . . (conc. opn. of Scalia, J.); People v. Sedeno (1974) 10 Cal.3d 703 , 721 . . . , overruled on another ground, People v. Flannel (1979) 25 Cal.3d 668, 684 , fn. 12 . . . .)” (People v. Ochoa, supra, 231 Cal.App.3d at p. 1424 .) 16 In 1993, the United States Supreme Court returned to the issue of harmless error analysis.

11997–1997
Carella v. California green
scotus · 1989
1 sentence

1997(Carella v. California (1989) 491 U.S. 263 , 270 . . . (conc. opn. of Scalia, J.); People v. Sedeno (1974) 10 Cal.3d 703 , 721 . . . , overruled on another ground, People v. Flannel (1979) 25 Cal.3d 668, 684 , fn. 12 . . . .)” (People v. Ochoa, supra, 231 Cal.App.3d at p. 1424 .) 16 In 1993, the United States Supreme Court returned to the issue of harmless error analysis.

11997–1997
Sullivan v. Louisiana green
scotus · 1993
2 sentences

1997In Sullivan v. Louisiana (1993) 508 U.S. 275 [ 113 S.Ct. 2078 , 124 L.Ed.2d 182 ], the question was whether a constitutionally deficient reasonable doubt instruction could constitute harmless error.

1997In Sullivan v. Louisiana (1993) 508 U.S. 275 [ 113 S.Ct. 2078 , 124 L.Ed.2d 182 ], the question was whether a constitutionally deficient reasonable doubt instruction could constitute harmless error.

11997–1997
People v. Flannel red
cal · 1979
1 sentence

1997(Carella v. California (1989) 491 U.S. 263 , 270 . . . (conc. opn. of Scalia, J.); People v. Sedeno (1974) 10 Cal.3d 703 , 721 . . . , overruled on another ground, People v. Flannel (1979) 25 Cal.3d 668, 684 , fn. 12 . . . .)” (People v. Ochoa, supra, 231 Cal.App.3d at p. 1424 .) 16 In 1993, the United States Supreme Court returned to the issue of harmless error analysis.

11997–1997
People v. Roberts green
calctapp · 1967
1 sentence

1984Four witnesses identified the defendant at trial in People v. Cardenas (1982) 31 Cal.3d 897 [ 184 Cal.Rptr. 165 , 647 P.2d 569 ], Stating that both it, and the United States Supreme Court have recognized eyewitness identifications often are unreliable, it found the multiple cross-cultural identifications of an armed robber to be entitled to little independent weight in determining the issue of harmless error. 8 (Id., at pp. 907-910; see also United States v. Hodges (7th Cir. 1975) 515 F.2d 650 , three positive eyewitnesses plus the arresting officer; and People v. Roberts, supra, 256 Cal.App.2

11984–1984
People v. Cardenas green
cal · 1982
2 sentences

1984Four witnesses identified the defendant at trial in People v. Cardenas (1982) 31 Cal.3d 897 [ 184 Cal.Rptr. 165 , 647 P.2d 569 ], Stating that both it, and the United States Supreme Court have recognized eyewitness identifications often are unreliable, it found the multiple cross-cultural identifications of an armed robber to be entitled to little independent weight in determining the issue of harmless error. 8 (Id., at pp. 907-910; see also United States v. Hodges (7th Cir. 1975) 515 F.2d 650 , three positive eyewitnesses plus the arresting officer; and People v. Roberts, supra, 256 Cal.App.2

1984Four witnesses identified the defendant at trial in People v. Cardenas (1982) 31 Cal.3d 897 [ 184 Cal.Rptr. 165 , 647 P.2d 569 ], Stating that both it, and the United States Supreme Court have recognized eyewitness identifications often are unreliable, it found the multiple cross-cultural identifications of an armed robber to be entitled to little independent weight in determining the issue of harmless error. 8 (Id., at pp. 907-910; see also United States v. Hodges (7th Cir. 1975) 515 F.2d 650 , three positive eyewitnesses plus the arresting officer; and People v. Roberts, supra, 256 Cal.App.2

11984–1984

Statutes the citing opinions construe

CA § Cal. Evidence Code § 352 (4)

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

CA 13 (1984–2025) WI 11 (2001–2026) PA 9 (1980–2020) MD 6 (1986–2026) IA 6 (1983–2016) GA 5 (1978–1997) MI 5 (1971–2018) DC 5 (1979–2025) LA 5 (1987–1997) OH 5 (2008–2023) IL 4 (2004–2022) TX 4 (1989–2003) VA 3 (2000–2003) WA 3 (1981–2020) TN 3 (1998–2011) CT 3 (1985–2012) SC 2 (1984–1984) OR 2 (2009–2018) KS 2 (1989–1989) NC 2 (2009–2010) AL 2 (1989–1990)

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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