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Chapter 5 - §7. Appellate review
Jurisdiction | United States |
§7. Appellate review
§7.1. Standard of review. In determining on appeal whether the admission of evidence would violate a defendant's right of confrontation, courts apply an independent or de novo standard of review. See U.S. v. Benamor (9th Cir.2019) 937 F.3d 1182, 1190 (court reviews de novo whether Confrontation Clause violation occurred); People v. Cromer (2001) 24 Cal.4th 889, 901 (independent review "comports with this court's usual practice for review of mixed question determinations affecting constitutional rights"); People v. Sweeney (4th Dist.2009) 175 Cal.App.4th 210, 221 (same); People v. Mays (3d Dist.2009) 174 Cal.App.4th 156, 172 (same); see, e.g., U.S. v. Larson (9th Cir.2007) 495 F.3d 1094, 1101 (finding de novo review is correct standard when assessing whether limitations on cross-examination violated Confrontation Clause).
§7.2. Effect of error. Violations of a defendant's right of confrontation are subject to harmless-error analysis under Chapman v. California (1967) 386 U.S. 18. People v. Rutterschmidt (2012) 55 Cal.4th 650, 661; People v. Livingston (2012) 53 Cal.4th 1145, 1159; People v. Geier (2007) 41 Cal.4th 555, 608, overruled on other grounds, Melendez-Diaz v. Massachusetts (2009) 557 U.S. 305. Under this standard, a California court considering the issue on direct appeal must reverse the judgment of conviction unless it is convinced that the error was harmless beyond a reasonable doubt. See Chapman, 386 U.S. at 24; People v. Valencia (2021) 11 Cal.5th 818, 840; Livingston, 53 Cal.4th at 1159; People v. Bell (5th Dist.2020) 47 Cal.App.5th 153, 191. The burden of proving that the error was harmless beyond a reasonable doubt falls on the prosecution. U.S. v. Benamor (9th Cir.2019) 937 F.3d 1182, 1190; U.S. v. Nguyen (9th Cir.2009) 565 F.3d 668, 675; Rutterschmidt, 55 Cal.4th at 661.
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- Chapter 5 Exclusion of Evidence on Constitutional Grounds
- E. Sixth Amendment—Right of Confrontation
- A. Fourth Amendment—Search & Seizure
- D. Sixth Amendment—Right to Counsel
- C. Fifth Amendment—Miranda
- B. Fifth Amendment—Voluntariness of Statements
- Chapter 5 - CHAPTER 5 Exclusion of Evidence on Constitutional Grounds
- Chapter 5 - A. Fourth Amendment—Search & Seizure
- Chapter 5 - §1. Overview
- Chapter 5 - §2. Elements for exclusion
- Chapter 5 - §3. Exceptions to warrant requirement
- Chapter 5 - §4. Evidence subject to exclusion under Fourth Amendment
- Chapter 5 - §5. Procedure for excluding evidence
- Chapter 5 - §6. Appellate review
- Chapter 5 - B. Fifth Amendment—Voluntariness of Statements
- Chapter 5 - §1. Overview
- Chapter 5 - §2. Elements for exclusion
- Chapter 5 - §3. Evidence subject to exclusion for involuntariness
- Chapter 5 - §4. Procedure for excluding evidence
- Chapter 5 - §5. Appellate review
- Chapter 5 - C. Fifth Amendment—Miranda
- Chapter 5 - §1. Overview
- Chapter 5 - §2. Elements for exclusion
- Chapter 5 - §3. Exceptions to Miranda
- Chapter 5 - §4. Evidence subject to exclusion under Miranda
- Chapter 5 - §5. Procedure for excluding evidence
- Chapter 5 - §6. Appellate review
- Chapter 5 - D. Sixth Amendment—Right to Counsel
- Chapter 5 - §1. Overview
- Chapter 5 - §2. Elements for exclusion
- Chapter 5 - §3. Evidence subject to exclusion under right to counsel
- Chapter 5 - §4. Procedure for excluding evidence
- Chapter 5 - §5. Appellate review
- Chapter 5 - E. Sixth Amendment—Right of Confrontation
- Chapter 5 - §1. Overview
- Chapter 5 - §2. Components of right of confrontation
- Chapter 5 - §3. Right of confrontation & out-of-court statements
- Chapter 5 - §4. Joint trials & right of confrontation
- Chapter 5 - §5. Evidence subject to exclusion under right of confrontation
- Chapter 5 - §6. Procedure for excluding evidence
- Chapter 5 - §7. Appellate review
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