concept of harmless error (California) · Go Syfert
← California issues

concept of harmless error in California

7 California opinions name it 2 courts 1991–2022 1 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 (7)

CaseFollowedCited
In Re Catherine S.green
calctapp · 1991 · cited in 3 California opinions naming this issue, 1992–2022
2 sentences

2022(See, e.g., In re Catherine S. (1991) 230 Cal.App.3d 1253, 1258 [“The concept of harmless error plays no role in an analysis of the sufficiency of evidence to support a ruling.

1992If the ruling was unsupported by substantial evidence, it is necessarily reversible.” ( 230 Cal.App.3d at p. 1258 .) Unlike Catherine S., however, the error here is the failure to state the requirements on the record.

13
People v. Garciagreen
cal · 2016 · cited in 1 California opinions naming this issue, 2022–2022
1 sentence

2022If the ruling was unsupported by substantial evidence, it is necessarily reversible”]; see also People v. Garcia (2016) 62 Cal.4th 1116, 1133 [reversing burglary conviction unsupported by substantial evidence in the record—without requiring any showing of prejudice].) There is good practical reason for that: it is hard for a reviewing court to abstractly determine what other evidence could have been presented in a lower court but was not, and what the effect of that evidence would have been.

11
People v. Holmsengreen
calctapp · 1985 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006(People v. Ruggles (1985) 39 Cal.3d 1, 13 [ 216 Cal.Rptr. 88 , 702 P.2d 170 ]; People v. Hill (1974) 12 Cal.3d 731, 767-769 [ 117 Cal.Rptr. 393 , 528 P.2d 1 ], overruled on another point in People v. DeVaughn (1977) 18 Cal.3d 889, 896, fn. 5 [ 135 Cal.Rptr. 786 , 558 P.2d 872 ]; People v. Holmsen (1985) 173 Cal.App.3d 1045, 1049 [ 219 Cal.Rptr. 598 ].) *855 DISPOSITION The judgment is reversed and the cause is remanded with directions to the trial court (1) to vacate its order denying Ramirez’s suppression motion and enter a new order granting the motion; (2) to permit Ramirez to withdraw his

2006(People v. Ruggles (1985) 39 Cal.3d 1, 13 [ 216 Cal.Rptr. 88 , 702 P.2d 170 ]; People v. Hill (1974) 12 Cal.3d 731, 767-769 [ 117 Cal.Rptr. 393 , 528 P.2d 1 ], overruled on another point in People v. DeVaughn (1977) 18 Cal.3d 889, 896, fn. 5 [ 135 Cal.Rptr. 786 , 558 P.2d 872 ]; People v. Holmsen (1985) 173 Cal.App.3d 1045, 1049 [ 219 Cal.Rptr. 598 ].) *855 DISPOSITION The judgment is reversed and the cause is remanded with directions to the trial court (1) to vacate its order denying Ramirez’s suppression motion and enter a new order granting the motion; (2) to permit Ramirez to withdraw his

11
People v. Hillred
cal · 1974 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006(People v. Ruggles (1985) 39 Cal.3d 1, 13 [ 216 Cal.Rptr. 88 , 702 P.2d 170 ]; People v. Hill (1974) 12 Cal.3d 731, 767-769 [ 117 Cal.Rptr. 393 , 528 P.2d 1 ], overruled on another point in People v. DeVaughn (1977) 18 Cal.3d 889, 896, fn. 5 [ 135 Cal.Rptr. 786 , 558 P.2d 872 ]; People v. Holmsen (1985) 173 Cal.App.3d 1045, 1049 [ 219 Cal.Rptr. 598 ].) *855 DISPOSITION The judgment is reversed and the cause is remanded with directions to the trial court (1) to vacate its order denying Ramirez’s suppression motion and enter a new order granting the motion; (2) to permit Ramirez to withdraw his

2006(People v. Ruggles (1985) 39 Cal.3d 1, 13 [ 216 Cal.Rptr. 88 , 702 P.2d 170 ]; People v. Hill (1974) 12 Cal.3d 731, 767-769 [ 117 Cal.Rptr. 393 , 528 P.2d 1 ], overruled on another point in People v. DeVaughn (1977) 18 Cal.3d 889, 896, fn. 5 [ 135 Cal.Rptr. 786 , 558 P.2d 872 ]; People v. Holmsen (1985) 173 Cal.App.3d 1045, 1049 [ 219 Cal.Rptr. 598 ].) *855 DISPOSITION The judgment is reversed and the cause is remanded with directions to the trial court (1) to vacate its order denying Ramirez’s suppression motion and enter a new order granting the motion; (2) to permit Ramirez to withdraw his

11
People v. DeVaughngreen
cal · 1977 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006(People v. Ruggles (1985) 39 Cal.3d 1, 13 [ 216 Cal.Rptr. 88 , 702 P.2d 170 ]; People v. Hill (1974) 12 Cal.3d 731, 767-769 [ 117 Cal.Rptr. 393 , 528 P.2d 1 ], overruled on another point in People v. DeVaughn (1977) 18 Cal.3d 889, 896, fn. 5 [ 135 Cal.Rptr. 786 , 558 P.2d 872 ]; People v. Holmsen (1985) 173 Cal.App.3d 1045, 1049 [ 219 Cal.Rptr. 598 ].) *855 DISPOSITION The judgment is reversed and the cause is remanded with directions to the trial court (1) to vacate its order denying Ramirez’s suppression motion and enter a new order granting the motion; (2) to permit Ramirez to withdraw his

2006(People v. Ruggles (1985) 39 Cal.3d 1, 13 [ 216 Cal.Rptr. 88 , 702 P.2d 170 ]; People v. Hill (1974) 12 Cal.3d 731, 767-769 [ 117 Cal.Rptr. 393 , 528 P.2d 1 ], overruled on another point in People v. DeVaughn (1977) 18 Cal.3d 889, 896, fn. 5 [ 135 Cal.Rptr. 786 , 558 P.2d 872 ]; People v. Holmsen (1985) 173 Cal.App.3d 1045, 1049 [ 219 Cal.Rptr. 598 ].) *855 DISPOSITION The judgment is reversed and the cause is remanded with directions to the trial court (1) to vacate its order denying Ramirez’s suppression motion and enter a new order granting the motion; (2) to permit Ramirez to withdraw his

11
People v. Rugglesgreen
cal · 1985 · cited in 1 California opinions naming this issue, 2006–2006
2 sentences

2006(People v. Ruggles (1985) 39 Cal.3d 1, 13 [ 216 Cal.Rptr. 88 , 702 P.2d 170 ]; People v. Hill (1974) 12 Cal.3d 731, 767-769 [ 117 Cal.Rptr. 393 , 528 P.2d 1 ], overruled on another point in People v. DeVaughn (1977) 18 Cal.3d 889, 896, fn. 5 [ 135 Cal.Rptr. 786 , 558 P.2d 872 ]; People v. Holmsen (1985) 173 Cal.App.3d 1045, 1049 [ 219 Cal.Rptr. 598 ].) *855 DISPOSITION The judgment is reversed and the cause is remanded with directions to the trial court (1) to vacate its order denying Ramirez’s suppression motion and enter a new order granting the motion; (2) to permit Ramirez to withdraw his

2006(People v. Ruggles (1985) 39 Cal.3d 1, 13 [ 216 Cal.Rptr. 88 , 702 P.2d 170 ]; People v. Hill (1974) 12 Cal.3d 731, 767-769 [ 117 Cal.Rptr. 393 , 528 P.2d 1 ], overruled on another point in People v. DeVaughn (1977) 18 Cal.3d 889, 896, fn. 5 [ 135 Cal.Rptr. 786 , 558 P.2d 872 ]; People v. Holmsen (1985) 173 Cal.App.3d 1045, 1049 [ 219 Cal.Rptr. 598 ].) *855 DISPOSITION The judgment is reversed and the cause is remanded with directions to the trial court (1) to vacate its order denying Ramirez’s suppression motion and enter a new order granting the motion; (2) to permit Ramirez to withdraw his

11
United States v. William Eugene Cartergreen
ca4 · 1972 · cited in 1 California opinions naming this issue, 1991–1991
1 sentence

1991However, in the context of a broken plea agreement, there is more at stake than the liberty of the defendant or the length of his term. ‘At stake is the honor of the govemment[,] public confidence in the fair administration of justice, and the efficient administration of justice . . . .’ ” (People v. Mancheno, supra, 32 Cal.3d at pp. 865-866, quoting United States v. Carter (4th Cir. 1972) 454 F.2d 426, 428 (in bank).) E.

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 (3)

CaseCitedYears
People v. Walker yellow
cal · 1991
2 sentences

2013(Walker, supra, 54 Cal.3d at p. 1024 .) A violation of a plea bargain is not subject to harmless error analysis and, even if it were, “ ‘the concept of harmless error only addresses whether the defendant is prejudiced by the error.

1993However, in the context of a broken plea agreement, there is more at stake than the liberty of the defendant or the length of his term: “At stake is the honor of the government^] public confidence in the fair administration of justice, and the efficient administration of justice ....’” [Citations.]” CPeople v. Walker, supra, 54 Cal.3d at p. 1026 , italics added.) The distinction between a mere misadvisement with regard to the consequences of a guilty plea and a violation of a plea agreement is perhaps best illustrated by a comparison of two United States Supreme Court decisions, United States

21993–2013
Santobello v. New York green
scotus · 1971
2 sentences

1993However, in the context of a broken plea agreement, there is more at stake than the liberty of the defendant or the length of his term: “At stake is the honor of the government^] public confidence in the fair administration of justice, and the efficient administration of justice ....’” [Citations.]” CPeople v. Walker, supra, 54 Cal.3d at p. 1026 , italics added.) The distinction between a mere misadvisement with regard to the consequences of a guilty plea and a violation of a plea agreement is perhaps best illustrated by a comparison of two United States Supreme Court decisions, United States

1993However, in the context of a broken plea agreement, there is more at stake than the liberty of the defendant or the length of his term: “At stake is the honor of the government^] public confidence in the fair administration of justice, and the efficient administration of justice ....’” [Citations.]” CPeople v. Walker, supra, 54 Cal.3d at p. 1026 , italics added.) The distinction between a mere misadvisement with regard to the consequences of a guilty plea and a violation of a plea agreement is perhaps best illustrated by a comparison of two United States Supreme Court decisions, United States

11993–1993
United States v. Timmreck green
scotus · 1979
1 sentence

1993However, in the context of a broken plea agreement, there is more at stake than the liberty of the defendant or the length of his term: “At stake is the honor of the government^] public confidence in the fair administration of justice, and the efficient administration of justice ....’” [Citations.]” CPeople v. Walker, supra, 54 Cal.3d at p. 1026 , italics added.) The distinction between a mere misadvisement with regard to the consequences of a guilty plea and a violation of a plea agreement is perhaps best illustrated by a comparison of two United States Supreme Court decisions, United States

11993–1993

Where else courts name it

CA 7 (1991–2022) OH 5 (2005–2026) MA 4 (1987–2025) WY 4 (1988–1993) PA 4 (1977–2024) NM 3 (2005–2012) AZ 3 (1972–2009) OR 2 (1983–2001)

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.

← Caselaw search · G Cite Topics · Brief Check