California, United States of America
The following excerpt is from People v. Sassounian, 182 Cal.App.3d 361, 226 Cal.Rptr. 880 (Cal. App. 1986):
Assuming arguendo the admissibility of all four items of evidence outlined earlier I conclude the presumption of prejudice still is not overcome. Here the erroneously considered evidence clearly "lightened" the prosecution's burden of proof on the special circumstance allegation by supplying highly prejudicial evidence against appellant on that issue. If erroneously considered evidence does lighten the prosecution's burden "the defendant has been prejudiced and the conviction must be reversed (unless) a review of the entire record demonstrates that the appellant has suffered no prejudice from the misconduct, ..." (People v. Martinez, supra, 82 Cal.App.3d 1, 22, 147 Cal.Rptr. 208.)
As to this second inquiry, I first note this was a close case not one where the inadmissible
Page 920
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.