Can a cumulative error in a criminal case be reduced to a harmless cumulative error?

California, United States of America


The following excerpt is from People v. Silva, E069863 (Cal. App. 2021):

Defendant asserts that even if the errors outlined above do not individually warrant reversal, their cumulative effect does. "'[A] series of trial errors, though independently harmless, may in some circumstances rise by accretion to the level of reversible and prejudicial error.'" (People v. Cunningham (2001) 25 Cal.4th 926, 1009.) Here, we find error only in the admission of the No Way video, but conclude it was harmless in light of the overwhelming evidence of defendant's guilt. Because there were no other errors, much less a series of errors that warrants reversal, we reject defendant's contention that there was cumulative error. (People v. Reed (2018) 4 Cal.5th 989, 1018 ["Because we have found but one error-which was harmless-there is no prejudice to cumulate."].)

F. Senate Bill No. 620

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