absent error in Washington

2012“In order to hold that a jury instruction error was harmless, ‘we must conclude beyond a reasonable doubt that the jury verdict would have been the same absent the error.’ ” State v. Bashaw, 169 Wn.2d 133, 147 , 234 P.3d 195 (2010) (internal quotation marks omitted) (quoting State v. Brown, 147 Wn.2d 330, 341 , 58 P.3d 889 (2002)).

2011We may hold the error harmless if we are satisfied “ ‘beyond a reasonable doubt that the jury verdict would have been the same absent the error.’ ” State v. Bashaw, 169 Wn.2d 133, 147 , 234 P.3d 195 (2010) (internal quotation marks omitted) (quoting Brown, 147 Wn.2d at 341 ).

2013Although the Jones court was unclear regarding its harmless error test, it concluded that “[i]n light of these evidentiary consider ations, it is impossible for us to conclude that Mr. Jones was not prejudiced by the trial court’s error.” Id. at 750 . ¶32 Since Jones was decided, this court has clarified that in the case of constitutional error, “we must ‘conclude beyond a reasonable doubt that the jury verdict would have been the same absent the error.’ ” State v. Brown, 147 Wn.2d 330, 341 , 58 P.3d 889 (2002) (quoting Neder, 527 U.S. at 19 ).

2013"While one attorney was arguing that the defendant was acting as 'a reasonable and ordinarily cautious and prudent person' (Clerk's Papers, at 22 (self-defense instruction)), the other was arguing that he was acting under the influence of paranoid delusions." Jones, 99 Wn.2d at 748 . 2 No. 86145-5 Madsen, C.J., dissenting been the same absent the error."' State v. Brown, 147 Wn.2d 330, 341 , 58 P.3d 889 (2002) (quoting Neder, 527 U.S. at 19 ).

2013The court will consider any plausible effects that such an error might have had on a rational jury, and the error will be deemed harmless if the reviewing court concludes beyond a reasonable doubt that “the jury verdict would have been the same absent the error” and thus “the error ‘did not contribute to the verdict obtained.’ ” Neder, 527 U.S. at 17 (quoting Chapman, 386 U.S. at 24 ). ¶43 Neder was convicted of fraud for using wildly inflated real estate appraisals to secure loans, concealing his ownership interests in various shell corporations, and falsifying documentation.

2013The court will consider any plausible effects that such an error might have had on a rational jury, and the error will be deemed harmless if the reviewing court concludes beyond a reasonable doubt that "the jury verdict would have been the same absent the error" and thus "the error 'did not contribute to the verdict obtained."' Neder, 527 U.S. at 17 (quoting Chapman, 386 U.S. at 24 ).

2021State v. A.M., 194 Wn.2d 33, 41 , 448 P.3d 35 (2019).

2021State v. A.M., 194 Wn.2d 33, 41 , 448 P.3d 35 (2019).

2016State v. Franklin, 180 Wn.2d 371, 383 , 325 P.3d 159 (2014).

2016State v. Franklin, 180 Wn.2d 371, 383 , 325 P.3d 159 (2014).

2016State v. Kalebaugh, 183 Wn.2d 578, 586 , 355 P.3d 253 (2015). ¶65 We conclude beyond a reasonable doubt that the jury verdict on assault in the fourth degree would have been the same absent the error. ¶66 We affirm the conviction of assault in the fourth degree.

2016State v. Kalebaugh, 183 Wn.2d 578, 586 , 355 P.3d 253 (2015). ¶65 We conclude beyond a reasonable doubt that the jury verdict on assault in the fourth degree would have been the same absent the error. ¶66 We affirm the conviction of assault in the fourth degree.

2016ROW 9A.36.041. “ ‘Assault is an intentional touching or striking of another person that is harmful or offensive, regardless of whether it results in physical injury.’ ” State v. Jarvis, 160 Wn.

2015State v. Beskurt, 176 Wn.2d 441, 446 , 293 P.3d 1159 (2013); State v. Halverson, 176 Wn.

2015State v. Beskurt, 176 Wn.2d 441, 446 , 293 P.3d 1159 (2013); State v. Halverson, 176 Wn.

2015Watt, 160 Wn.2d at 635 .

2015State v. Beskurt, 176 Wn.2d 441, 446 , 293 P.3d 1159 (2013); State v. Halverson, 176 Wn.

2014To answer this question, we look to the record; "if the record supports a finding that the jury verdict would be the same absent the error, harmless error may be found." State v. Berube, 150 Wn.2d 498, 506 , 79 P.3d 1144 (2003). 3 Old Chief does recognize that the prosecution can in some circumstances present redacted criminal records without the name and nature of the prior conviction as supplemental evidence of a defendant's past conviction notwithstanding a defendant's stipulation. 519 U.S. at 191 n.IO.

2013Peters. 163 Wn.

2007Guloy, 104 Wash.2d at 425 , 705 P.2d 1182 ; see also State v. Berube, 150 Wash.2d 498, 509 , 79 P.3d 1144 (2003) (upholding finding of harmless error as a result of erroneous accomplice liability instruction, in part, because "the record clearly support[ed] a finding that the jury verdict of conviction would be the same absent the error").

2007Guloy, 104 Wash.2d at 425 , 705 P.2d 1182 ; see also State v. Berube, 150 Wash.2d 498, 509 , 79 P.3d 1144 (2003) (upholding finding of harmless error as a result of erroneous accomplice liability instruction, in part, because "the record clearly support[ed] a finding that the jury verdict of conviction would be the same absent the error").