What is the test for determining whether an instruction provided by Schueler was harmless beyond a reasonable doubt?
MultiRegion, United States of America
The following excerpt is from Schueler v. Borg, 972 F.2d 1342 (9th Cir. 1992):
There is no evidence at all to support this final far fetched scenario. Because of this lack of evidence, and the unlikelihood of this scenario, any error the district court might have made by failing to give the instruction Schueler proposed was harmless beyond a reasonable doubt. Cf. Yates v. Evatt, 111 S.Ct. 1884, 1895-96 (1991).
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