ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Federal Judiciary Blogs -> California Appellate Report

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Federal Judiciary

: California Appellate Report

People v. Waldie (Cal. Ct. App. - April 24, 2009)

By Shaun Martin

ADVERTISEMENTS
Two points about this one.

(1) Ewwwww. Creepy!! Reading the notes the defendant sent to the 15-year old just made my skin crawl.

(2) This is a classic example of an overly agressive view of what counts as "harmless error". There's no way the result in this case is crystal clear, and I could easily see a jury deciding there was reasonable doubt. My sense is that -- perhaps partly due to (1) -- the Court of Appeal nonetheless themselves concluded, albeit on a cold reocrd, that the defendant was guilty. Hence the result.

Do I think the guy's guilty? Sure. Probably. Was there a real defense in this one? Totally. And could the error in letting the jury know about the defendant's (totally understandable) refusal to talk to the police have affected the verdict? Sure it could. (Which, I have no doubt, is why the prosecutor highlighted it during closing arguments.)

We use harmless error way too much, I think. Including here.

P.S. - That said, to reiterate: Ewwwwww!

Full post as published by California Appellate Report on April 24, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0189 secs (new cache)