Is it sufficient for the jury to consider the error in finding that the jury considered evidence from which it could have come to a verdict without reliance on reliance on the error?
California, United States of America
The following excerpt is from People v. Harris, 37 Cal.Rptr.2d 200, 886 P.2d 1193, 9 Cal.4th 407 (Cal. 1994):
Yates is pellucidly clear that it is "not ... enough that the jury considered evidence from which it could have come to the verdict without reliance on the" error. (Yates v. Evatt, supra, 500 U.S. at p. 404, 111 S.Ct. at p. 1893, italics added.)
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