In what circumstances will a jury at the second trial of a defendant be able to determine that error was harmless beyond a reasonable doubt?
MultiRegion, United States of America
The following excerpt is from People of Territory of Guam v. Turner, 981 F.2d 1259 (9th Cir. 1992):
2 The primary witnesses were cooperating accomplices who had an interest in currying favor with the government. As noted above, the first trial ended with a hung jury. United States v. Schuler, 813 F.2d 978, 982 (9th Cir.1987) (prior hung jury is a factor in determining whether error is harmless beyond a reasonable doubt).
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