In what circumstances will the US Supreme Court ever again apply a harmless error test in a medical malpractice case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Foster, 133 F.3d 704 (9th Cir. 1998):
5 We were simply wrong in our pre-Johnson decision in United States v. Lopez, 100 F.3d 98, 103 n. 10 (9th Cir.1996) when we applied a harmless rather than a plain error test.
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