Does the amendment to the Constitution need to be amended per se?
California, United States of America
The following excerpt is from People v. Xavier James Fort, E065567 (Cal. App. 2018):
Defendant argues that the amendment constituted structural error, necessitating reversal per se. However, the term "structural error," for which reversal per se is required, refers to certain federal constitutional errors that will always invalidate a
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conviction. (See Sullivan v. Louisiana (1993) 508 U.S. 275, 279 [113 S.Ct. 2078, 124 L.Ed.2d 182].)
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