Section 10.46 Harmless Error
| Library | Criminal Practice 2012 Supp |
B. (§10.46) Harmless Error
When the defendant’s constitutional right to due process of law has been violated by an identification procedure that was so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification, the conviction must be reversed unless the government can demonstrate that the error was harmless beyond a reasonable doubt. See Chapman v. Cal., 386 U.S. 18 (1967).
The harmless error doctrine is applicable when there is a constitutionally infirm...
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