What is the test for determining whether a defendant has been found guilty of a federal error by the Court of Appeal?
California, United States of America
The following excerpt is from People v. Swierski, H038846 (Cal. App. 2014):
Appellant argues for application of the more stringent test of Chapman v. California (1967) 386 U.S. 18, 24, claiming the error violated his rights to due process and a fair trial. Generally, however, " 'violations of state evidentiary rules do not rise to the level of federal constitutional error.' [Citation.]" (People v. Samuels, supra, 36 Cal.4th at p. 114.) We see no reason to depart from this principle here.
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