When determining whether improperly excluded evidence was harmless error, what factors are considered by the Court?
MultiRegion, United States of America
The following excerpt is from United States v. Gatto, 986 F.3d 104 (2nd Cir. 2021):
When assessing whether improperly excluded evidence was harmless error, we consider, inter alia, the importance of the evidence to the defense, whether the evidence is cumulative, and the strength of the government's case on the factual issue. Oluwanisola , 605 F.3d at 134. "[T]he strength of the government's case is the most critical factor in assessing whether the error was harmless." United States v. McCallum , 584 F.3d 471, 478 (2d Cir. 2009).
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