If defendant fails to establish all the errors of the trial court as a cumulative result of the cumulative error, can he continue to argue that the cumulative effect of the error was harmless beyond a reasonable doubt and mandates reversal?

California, United States of America


The following excerpt is from People v. SMITH, E048186, No. RIF128500 (Cal. App. 2010):

10. Defendant raises one additional claim that the cumulative error denied him his due process right to a fair trial but he does not support the claim with anything other than the cursory and conclusionary statement that "the cumulative effect of the errors noted above was not harmless beyond a reasonable doubt and mandates reversal." Our conclusions, set out above, that the trial court did not commit any of the errors about which defendant complains in this appeal easily disposes of this issue. But even if defendant had established all the errors he claims occurred in the trial court, we nevertheless would reject this claim because defendant has not supported it with the required discussion. "Issues do not have a life of their own: if they are not raised or supported by [substantive] argument or citation to authority, we consider the issues waived." (Jones v. Superior Court (1994) 26 Cal.App.4th 92, 99.)

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