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Tag Archives: Harmless Error

Criminal Practice – DWI – Sentencing – Aggravating Factor — $1,000 Damage – Blakeley – Harmless Error – Restitution (access required)

State v. Wood Even though the trial court should have allowed the jury to decide the aggravating-factor issue of whether defendant’s negligence led to an accident causing more than $1,000 in property damage, the voir dire testimony of the victim of that accident clearly established that the damage to his vehicle could be repaired for approximately $1,600. The trial court’s error was harmless beyond a reasonable doubt.

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Criminal Practice – Juvenile – Self-Incrimination – Failure to Warn – Harmless Error (access required)

In re J.R.V. Where our Court of Appeals held, Even though, before the juvenile testified, the trial court failed to warn him of his privilege against self-incrimination, the error was harmless. The juvenile’s testimony echoed that of the state’s witness in some respects; otherwise, it was exculpatory,” discretionary review was improvidently allowed.

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Criminal Practice – Murder-for-Hire – Evidence – Prior Shooting – Harmless Error (access required)

U.S. v. Byers Even assuming the district court erred in allowing testimony about defendant's alleged prior shooting of another man, or testimony from the later murder victim's girlfriend, the 4th Circuit says any errors were harmless and did not unfairly affect the trial of two codefendants in this murder-for-hire case involving the fatal shooting of a witness to prevent him from testifying against one of the codefendants in a state murder trial.

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Criminal Practice – Jury & Jurors – Questionnaires – Abuse of Discretion – Harmless Error (access required)

U.S. v. Barnette A district court's refusal to provide the defense with clean copies of the juror questionnaires was clearly an abuse of its considerable discretion in the proceedings after remand on a capital murder defendant's Batson claim, but the 4th Circuit says the error was harmless, as the record shows the error in refusing to allow defendant access harmless beyond a reasonable doubt.

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Criminal Practice – Constitutional – Confrontation Right – Expert Witness – SBI Analyst – Harmless (access required)

State v. Grady. (Lawyers Weekly No. 10-07-0803, 10 pp.) (Martha A. Geer, J.) Appealed from New Hanover County Superior Court. (Jerry Cash Martin, J.) N.C. App. Holding: Even assuming it was error to allow an SBI analyst to testify about ...

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