The following excerpt is from Cisneros v. Madden, Case No. 1:16-cv-01752-AWI-JDP (HC) (E.D. Cal. 2019):
standard, the court must have "grave doubt" as to the outcome, meaning that "in the judge's mind, the matter is so evenly balanced that he feels himself in virtual equipoise as to the harmlessness of the error." See O'Neal v. McAninch, 513 U.S. 432, 435 (1995).
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