Harmless Error - Year 1983 - Judgments

Dec 12 1983 (FN)

Rushen Vs. Spain

Court: US Supreme Court

Decided on: Dec-12-1983

..... was necessary because the absence of a contemporaneous record made intelligent application of the harmless error standard impossible the court of appeals affirmed on the basis that an unrecorded ..... necessary because the absence of a contemporaneous record made intelligent application of the harmless error standard impossible alternatively it concluded that a post trial hearing could not establish .....

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May 23 1983 (FN)

United States Vs. Hasting

Court: US Supreme Court

Decided on: May-23-1983

..... that the court of appeals refused without an adequate explanation to apply the harmless error doctrine this error calls for vacating the judgment and remanding the case see supra at 461 ..... it also advances the important social interest in not allowing harmless errors to upset otherwise valid criminal convictions the harmless error rule announced in chapman is based on important jurisprudential and .....

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Feb 23 1983 (FN)

Connecticut Vs. Johnson

Court: US Supreme Court

Decided on: Feb-23-1983

..... independent and adequate state ground in my opinion each of these views is erroneous the harmless error rule announced in chapman was designed to establish the federal standard necessary to protect ..... the jury s verdict can be judged ibid today the plurality substantially limits chapman s harmless error doctrine it establishes a rule of automatic reversal because of the difficulty in determining .....

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Jul 06 1983 (FN)

Barclay Vs. Florida

Court: US Supreme Court

Decided on: Jul-06-1983

..... trial court erroneously considers improper aggravating factors the florida supreme court applies a harmless error analysis if the trial court properly found that there were no mitigating circumstances ..... relatively weak aggravating circumstance left standing the florida supreme court did not find harmless error but rather remanded for resentencing the florida supreme court has placed another check .....

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Jun 08 1983 (FN)

illinois Vs. Gates

Court: US Supreme Court

Decided on: Jun-08-1983

..... 399 u s 1 1970 upholding right to counsel at preliminary hearing and remanding for harmless error determination footnote 2 19 for example a pattern or practice of official conduct that is ..... deciding the merits of a claim even though the error was harmless while on other occasions resolving the case solely by reliance on the harmless error doctrine compare milton v wainwright 407 u s .....

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Jun 22 1983 (FN)

Zant Vs. Stephens

Court: US Supreme Court

Decided on: Jun-22-1983

..... 1976 the submission of the unconstitutional statutory aggravating circumstance to the jury cannot be deemed harmless error on the theory that in georgia the finding of an aggravating page 462 u s ..... it did not conduct a review of the evidence to determine whether the instruction was harmless error beyond a reasonable doubt footnote 3 8 even if the hypothetical instruction were permissible it .....

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Nov 07 1983 (FN)

Torres-valencia Vs. United States

Court: US Supreme Court

Decided on: Nov-07-1983

..... character evidence instruction to the jury but argues that the error was harmless the government s concession of error as well as its harmless error argument should be presented to the court of appeals in ..... s character evidence instruction to the jury and its contention in this court that the error was harmless should be presented to the court of appeals in the first instance certiorari granted .....

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Apr 20 1983 (FN)

Morris Vs. Slappy

Court: US Supreme Court

Decided on: Apr-20-1983

..... an inquiry page 461 u s 28 into a claim of harmless error here would require unlike most cases unguided speculation id at ..... and to engage in the necessary balancing would be rendered harmless under these circumstances relief should not be granted it would ..... failing to enforce constitutional rights of an accused when prejudicial error is made that clearly impairs a defendant s constitutional rights .....

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1983

Harvard Vs. Florida

Court: US Supreme Court

Decided on: Jan-01-1983

..... fair trial that their infraction can never be treated as harmless error footnote omitted the remedy for a gardner violation must therefore ..... under the constitution when a trial court commits reversible constitutional error in the course of a criminal trial an appellate ..... limited hearing might conceivably be appropriate to correct an evidentiary error in a civil antitrust action but it is scarcely .....

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Jun 06 1983 (FN)

Pickett Vs. Brown

Court: US Supreme Court

Decided on: Jun-06-1983

..... at 376 380 in addition the court found that the juvenile court had committed a harmless error from which brown and the state did not appeal in allowing pickett to amend her .....

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