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Tag Archives: harmless error

10-1515 U.S. v. Jamison

Possession of a Sawed-off Shotgun Harmless error Where a shotgun was significantly shorter than allowed, any error in the cross-examination of a witness was harmless. “Jamison argues that the government failed to sufficiently prove the second element to render the alleged error harmless. This argument is meritless: The government proved the second element with overwhelming evidence. First, Agents Vance and ...

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09-4056 U.S. v. Vasquez

Evidence Relevance; harmless error Although it was error to admit jail recordings that concerned defense counsel’s opinion of the case, the error was harmless. “The admission into evidence of the MCC recordings themselves, however, is a horse of a different color. The government argues that the judge did not err because it never sought to admit the recordings for their ...

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2010AP909-CR State v. Eison

Evidence Spousal privilege; harmless error Even though it was ineffective for counsel to fail to properly assert the marital privilege, the error was harmless. “Had the select portions of Reynolds’ testimony that were privileged marital communications (the agreement that Reynolds would pick Eison up from work and Eison’s claim that his employer wasn’t paying him) not been included, it is ...

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2009AP898-CR State v. Jensen

Criminal Procedure Confrontation Clause; harmless error Nontestimonial statements are not subject to the Confrontation Clause; and where all relevant inadmissible testimony was duplicative of admissible evidence, the admission of the evidence was harmless error. “Unlike Jensen, we do pay heed to the entirety of the Giles’ decision. In so doing, we recognize that Manuel’s holding that nontestimonial statements should be ...

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09-3260 U.S. v. Dortch

Sentencing Multiple enhancements; ‘serious bodily injury’; harmless error Where defendant robbed a bank and then led police on a high-speed chase that included carjacking a vehicle and ended only after three officers were injured in pursuit, a 240-month sentence based on his criminal history and enhancements for his conduct during the robbery and flight is reasonable. “Dortch’s first two arguments ...

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09-2337 & 09-2438 U.S. v. Beck

Evidence Cross-examination; bias; harmless error It was err not to permit defendants to cross-examine a witness about his potential bias, but the error was harmless. “[Rule 404(b)] bars ‘[e]vidence of other crimes, wrongs, or acts . . . to prove the character of a person in order to show action in conformity therewith.’ Fed. R. Evid. 404(b). Questions about Simmons’s ...

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2009AP1245-CR State v. Whyte

Evidence Confrontation Clause; harmless error Peter Whyte appeals a judgment, entered upon a jury’s verdict, convicting him of second-degree intentional homicide. Whyte argues that the admission of hearsay evidence violated his right to confrontation. We conclude the error, if any, in admitting the challenged testimony was harmless in light of the overwhelming evidence of Whyte’s guilt. We therefore affirm the ...

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