What is the effect of a series of errors in a criminal trial?

California, United States of America


The following excerpt is from People v. Mosley, E062905 (Cal. App. 2016):

It is true that a series of trial errors, though independently harmless, may in some circumstances rise by accretion to the level of reversible and prejudicial error. (People v. Cunningham (2001) 25 Cal.4th 926, 1009; People v. Hill (1998) 17 Cal.4th 800, 844.) However, we have found only harmless error pertaining to gang evidence that failed to give rise to a true finding on the gang enhancement allegation. There was no series of trial errors resulting in prejudice to defendant.

Defendant was entitled to a fair trial, but not a perfect one. (People v. Cunningham, supra, 25 Cal.4th at pp. 926, 1009, and cases cited; see also, People v. Jasso (2012) 211 Cal.App.4th 1354, 1378.) Defendant was not deprived of a fair trial.

The judgment is affirmed.

Other Questions


If defendant fails to establish all the errors of the trial court as a cumulative result of the cumulative error, can he continue to argue that the cumulative effect of the error was harmless beyond a reasonable doubt and mandates reversal? (California, United States of America)
Does the cumulative effect of a series of errors at trial constitute prejudicial, reversible error? (California, United States of America)
What is the effect of prior criminal convictions on evidence of criminal activity in criminal proceedings? (California, United States of America)
Does the cumulative effect of errors at trial affect the fairness of the trial? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
When two or more criminal charges are consolidated for trial against a single defendant, does Section 954 of the California Criminal Code require a separate trial? (California, United States of America)
Does the cumulative effect of a trial court's errors deprive plaintiff of a fair trial? (California, United States of America)
Can a criminal defendant be punished more than once for the same criminal act or for a series of criminal acts? (California, United States of America)
Is there any instructional error in general criminal intent instruction used by the trial court to include counts 4 and 7 in the General Criminal intent instruction? (California, United States of America)
Does a series of trial errors rise by accretion to the level of prejudicial error? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.