What is the standard of review for error review in a motion where the error was not recognized or analyzed for harmlessness?
MultiRegion, United States of America
The following excerpt is from Robinson v. Gipson, 1:10-cv—00133-LJO-BAM-HC (E.D. Cal. 2012):
5.Brecht provides the appropriate standard of review of trial errors regardless of whether the state court recognized the error or analyzed it for harmlessness under the standard of Chapman v. California, 38 6 U.S. 18 (1967). Fry v. Pliler, 551 U.S. 112, 121-22 (2007) (concerning evidentiary error).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
What is the standard of review required for a motion to amend a motion where a motion is brought in without a judicial review? (MultiRegion, United States of America)
What is the "plain error" standard of review in the context of a motion to overturn a finding of error at the Court of Appeal? (MultiRegion, United States of America)
What is the standard of review for "plain error review" in the context of a claim for damages arising out of an error of judgment? (MultiRegion, United States of America)
What is the standard of review applicable to harmless error analysis? (MultiRegion, United States of America)
In reviewing the application of a sophisticated means enhancement, what is the difference between a de novo review and a clear error review? (MultiRegion, United States of America)
What is the standard of review for "plain error" in a motion to withdraw a plea in a bribery case? (MultiRegion, United States of America)
What is the "plain error" standard in the review of unpreserved errors? (MultiRegion, United States of America)
What is the test for harmless error review in the context of constitutional errors? (MultiRegion, United States of America)
What is the standard of review for a motion alleging that the federal government breached a plea agreement by filing a section 5K1.1 motion? (MultiRegion, United States of America)
