error under the harmless error (Idaho) · Go Syfert
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error under the harmless error in Idaho

7 Idaho opinions name it 2 courts 2010–2016 0 in the last five years

The cases below were cited by Idaho 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 (1)

CaseFollowedCited
State v. Perrygreen
idaho · 2010 · cited in 5 Idaho opinions naming this issue, 2010–2016
2 sentences

2014“If the defendant meets this burden then an appellate court shall review the error under the harmless error test, with the defendant bearing the burden of proving there is a reasonable possibility that the error affected the outcome of the trial.” Id.

2014“If the defendant meets this burden then an appellate court shall review the error under the harmless error test, with the defendant bearing the burden of proving there is a reasonable possibility that the error affected the outcome of the trial.” Id.

15

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
Gagnon v. Scarpelli red
scotus · 1973
1 sentence

2011Id.

12011–2011
Smith v. State red
idaho · 1971
2 sentences

2010In Smith v. State, 94 Idaho 469 , 475 n. 13, 491 P.2d 733 , 739 n. 13 (1971), we adopted the following definition of fundamental error from the New Mexico Supreme Court: Error that is fundamental must be such error as goes to the foundation or basis of a defendant’s rights or must go to the foundation of the ease or take from the defendant a right which was essential to his defense and which no court could or ought to permit him to waive.

2010In Smith v. State, 94 Idaho 469 , 475 n. 13, 491 P.2d 733 , 739 n. 13 (1971), we adopted the following definition of fundamental error from the New Mexico Supreme Court: Error that is fundamental must be such error as goes to the foundation or basis of a defendant’s rights or must go to the foundation of the ease or take from the defendant a right which was essential to his defense and which no court could or ought to permit him to waive.

12010–2010

Statutes the citing opinions construe

ID § Idaho Code § 18-1508 (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

ID 7 (2010–2016) CA 5 (2008–2023) IL 5 (1992–2004) TX 2 (1988–2023)

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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