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Topic: Reversible error

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	Reversible error - Wikipedia, the free encyclopedia
		Reversible error in an error by the trier of law (judge) or the trier of fact (jury - or again the judge if it is a bench trial) or malfeasance by one of the trying attorneys which results in an unfair trial.
		If an appellate court determines that reversible error occurred, it must reverse the judgment of the lower court and order a new trial on such terms and conditions as are found to be just.
		Failure of the judge to remedy it during the trial is reversible error.
	en.wikipedia.org /wiki/Reversible_error (283 words)

	69785-0 - State of Washington V. Jacob Patrick Brown v. State of Washington V. Marshall C. Harris
		We recently affirmed, 'when assessing the impact of an instructional error, reversal is automatic unless the error ''is trivial, or formal, or merely academic, and was not prejudicial to the substantial rights of the party assigning it, and in no way affected the final outcome of the case.''' State v.
		Thus, we held it was error to submit the instruction based on the Pinkerton doctrine because the latter improperly relieved the state of its burden to prove the defendant knew his actions would promote or facilitate the commission of the crime committed by his coconspirators.
		Reversal is required in spite of other evidence against the defendants, when as here, one of the theories on which the state tried its case was legally deficient because we cannot presume 'the verdict was reached under the correct instruction.' Stein, 144 Wn.2d at 247.
	www.mrsc.org /mc/courts/slip/supreme/697850DI1.htm (2615 words)

	Telling Jury Respondent Was in Custody Not Reversible Error(98-2-03)
		On March 5, 1998, the Houston Fourteenth District Court of Appeals held that while the juvenile court should not have permitted the jury to discover that the respondent was in custody during the adjudication hearing, the error was not a sufficiently serious infringement on the presumption of innocence to require reversal of the adjudication.
		In two points of error, appellant contends the trial court erred by (1) informing the jury that he was in custody; and (2) denying his motion for an instructed verdict.
		Opinion Text: In his first point of error, appellant contends the trial court erred by informing the jury that appellant was in custody, thereby infringing on his right to be presumed innocent.
	www.tjpc.state.tx.us /publications/reviews/98/98-2-03.htm (695 words)

	Converted file nhv (Site not responding. Last check: 2007-10-13)
		The trial court determined it was “reversible error” for the State to call two co-conspirators to the witness stand knowing they would refuse to testify.
		To demonstrate reversible error, the defendant must show that error occurred and that it was prejudicial.
		To demonstrate fundamental error, the defendant must show that the error was so prejudicial that he “could not possibly have had a fair trial”; and that the error “pervaded the climate of the proceedings below, viewed as a whole, depriving the defendant of any realistic opportunity for a fair hearing.” Id.
	www.state.in.us /judiciary/opinions/archive/05260018.nhv.html (4338 words)

	Testimony by Mr. James Liebman at the Senate Judiciary Committee Hearing Titled 'Protecting the Innocent: Proposals to ... (Site not responding. Last check: 2007-10-13)
		Half the reversals at those stages were for errors that undermined the reliability of the verdict that the defendant committed capitally aggravated murder.
		High error rates put many individuals at risk of wrongful execution: 82% of the people whose capital judgments were overturned by state post-conviction courts due to serious error were found to deserve a sentence less than death when the errors were cured on retrial; 7% were found to be innocent of the capital crime.
		Error rates drop to 36% for states with 4 prisoners per 100 crimes, and to 13% for those with the highest rate of prisoners to crimes.
	ccjr.policy.net /proactive/newsroom/release.vtml?id=30541 (3938 words)

	OSCN Found Document:GARNICK v. TETON COUNTY SCHOOL DISTRICT NO. 1 (Site not responding. Last check: 2007-10-13)
		Although the jury’s verdict was generally in her favor, Garnick contends that the district court committed several errors during the trial of her negligence claim, against the School, that require the matter to be reversed and remanded to the district court for a new trial.
		The error arising from an unauthorized view by a juror of a scene pertinent to the trial of the cause in which the juror is sitting must be properly assigned, presented, and preserved for appeal.
		We do not reverse a trial court’s rulings on an instruction unless it is demonstrated that the instruction was necessary to impart to the jury the proper principles of law that are applicable to the case and, further, that the proponent of the refused instruction can show prejudice.
	www.oscn.net /applications/oscn/deliverdocument.asp?citeid=365089 (6688 words)

	A Broken System, Part II (Site not responding. Last check: 2007-10-13)
		Because reversals by elected judges are good indicators of the seriousness of capital error, the fact that those judges were responsible for the vast majority of capital reversals during the study period is another indication that most reversals reflect poorly on the reliability of the capital system.
		Below we report evidence that reversible error is related to pressures to impose death verdicts in marginal cases where the evidence of guilt or facts calling for a death sentence are weak.
		Because reversal rates are the condition being explained, ordering states based on their reversal rates enables graphs to give a rough and preliminary sense whether there is any relationship between states' reversal rates and the factor studied in the graph (e.g., states' homicide rates).
	www2.law.columbia.edu /brokensystem2/sectionIIc.html (7413 words)

	No. 03-167: United States v. Benitez - Petition
		The second holding was that, in determining whether a district court's violation of Rule 11 is reversible error, a reviewing court is not limited to the plea transcript, but may consider other portions of the record (in that case, transcripts of two earlier proceedings).
		There is thus a clear circuit conflict on the standard for determining when a forfeited claim of Rule 11 error constitutes reversible plain error, a conflict that was explicitly recognized in the opinion dissenting from the denial of panel rehearing in the case in which the Ninth Circuit's standard was adopted.
		To show the district court's plain error affected his substantial rights, Benitez must prove that the court's error was not minor or technical and that he did not understand the rights at issue when he entered his guilty plea.
	www.usdoj.gov /osg/briefs/2003/2pet/7pet/2003-0167.pet.aa.html (14088 words)

	79018 -- State v. Cravatt -- Davis -- Kansas Supreme Court
		Kansas does not ordinarily apply the plain error rule, and reversible error normally cannot be predicated upon a complaint of misconduct by the prosecutor during closing argument where no contemporaneous objection is lodged.
		Second, the appellate court must determine whether the remarks constitute plain error; that is, whether they are so gross and flagrant as to prejudice the jury against the accused and deny him or her a fair trial, requiring reversal.
		In Ruff, we reversed a defendant's conviction because of an improper statement of the prosecutor during closing argument to the effect that the jurors should not allow the defendant's conduct to be tolerated in their county.
	www.kscourts.org /kscases/supct/1999/19990504/79018.htm (7546 words)

	A Broken System, Part II (Site not responding. Last check: 2007-10-13)
		In actual fact, where the facts are known, reversible error produces capital outcomes that do not hold up on retrial in over 4 cases out of 5, and are replaced by acquittals nearly 1 time in 10.
		Even though we do not count all error, but only reversible error, and even given that our judicious methods substantially understate the amount of such error, state and federal courts still found reversible error in just under seven-tenths of all death verdicts imposed and reviewed in the 23-year study period.
		And error rates higher than 50% were discovered in death verdicts reviewed in all but two of the 23 study years.
	www2.law.columbia.edu /brokensystem2/sectionIId-e.html (1550 words)

	Hawaii Supreme Court Case No. 15454 (Site not responding. Last check: 2007-10-13)
		In determining whether the improper remarks made by an overzealous witness for the prosecution constitute reversible error, the appellate court considers the nature of the misconduct, the promptness of a curative instruction or lack of it, and the strength or weakness of the evidence against the defendant.
		Where individual errors raised by appellant are by themselves insubstantial, it is unnecessary to address the cumulative effect of the alleged errors.
		The fourth alleged error lacks merit because, as we have concluded, Appellant's presence at the settlement of the jury instructions was not required.
	www.hsba.org /HSBA/Legal_Research/Hawaii/sc/15454.cfm (4560 words)

	United States v. Gonzalez-Soberal
		We are hesitant to reverse the reasoned conclusion of the trial judge on the question of a juror's ability to understand English because the trial judge is in a much better position to assess the language competency of a particular juror.
		Appellant next claims that the district court committed reversible error when it failed to give appellant's requested instruction concerning the impeachment of witnesses by prior conviction.
		González-Soberal argues that the trial court committed error when it refused to grant a two-point "minor participant" reduction in his offense level on the basis of his role as a courier.
	www.law.emory.edu /1circuit/mar97/95-2013.01a.html (4382 words)

	Converted WP file wwr (Site not responding. Last check: 2007-10-13)
		We have held that in order to preserve error in the overruling of a pre-trial motion in limine the appealing party must object to the admission of the evidence at the time it is offered.
		We have held that an attorney who renders services for a client and is later sued by that client for malpractice is entitled to a deduction in the malpractice award, on the theory of quantum meruit, equal to the reasonable value of his or her services.
		Gray asserts that it was error to rule that she needed to plead arson and fraud as affirmative defenses.
	www.state.in.us /judiciary/opinions/archive/021602.wwr.html (3134 words)

	SurfWax: News, Reviews and Articles On Reversible Error
		Attorneys for the parents of Terri Schiavo filed a new motion claiming a trial judge made a reversible error that affected his determination of whether the brain-damaged Florida woman would want to be keep alive in her present condition...
		Schwartzbach told the judge her ruling to bar evidence of a motive by Hambleton to lie is a potentially reversible error on appeal.
		"We are not persuaded that this conviction is flawed by reversible error, and we affirm the judgment of conviction," Judge Patrick Higginbotham wrote.
	www.lawkt.com /files/Reversible_Error.html (2872 words)

	114 Wn.2d 59, STATE v. FOWLER
		Error harmless beyond a reasonable doubt exists when there is no doubt that the jury would have reached the same result had proper instructions been given.
		This court has held an error infringing upon a defendant's constitutional rights is presumed prejudicial and that the State has the burden of proving the error was harmless beyond a reasonable doubt.
		Therefore, the court's instructional error should be analyzed according to whether the error was harmless beyond a reasonable doubt.
	www.mrsc.org /mc/courts/supreme/114wn2d/114wn2d0059.htm (3179 words)

	97-6315 -- Johnson v. Hathcock Truck Lines -- 10/14/1998
		Mathews?" Plaintiff contends that the district court committed reversible error by overruling her objection to this query.
		Plaintiff contends that the lower court committed reversible error by admonishing her counsel during closing arguments.
		Plaintiff contends that the district court committed reversible error by dismissing a prospective juror, a retired truck driver, despite his assertion that he could be fair and objective.
	www.kscourts.org /ca10/cases/1998/10/97-6315.htm (2761 words)

	[No title]
		He appeals on two grounds: (1) trial court error in allowing into evidence Kidd's comments which were unduly prejudicial and concerned other bad acts; and (2) trial court error in permitting privileged confidential communications between Kidd and his wife into evidence.
		This court has stated in the past that when the evidence of guilt is overwhelming, slight errors in the introduction of evidence do not constitute reversible error.
		There was the victim's physical description of her attacker as a large man with a close-cropped beard and with pronounced body odor.
	courts.state.ar.us /opinions/1997b/971106/cr97-586.txt (2797 words)

	Reversible Error (Site not responding. Last check: 2007-10-13)
		Reversible Error Review: This is the second Tanenbaum novel I've read in recent months and is definitely another winner in my book.
		Reversible Error Review: Robert Tannenbaum captures the hard grit and the reality of civil service (whether it be city, state or federal) like no other.
		"Reversible Error" (somewhat oddly titled in honor of a subplot) always keeps your interest but doesn't give you that irresistible urge to peek at the last page.
	www.textkit.com /0_0451175190.html (473 words)

	State v. Schneider - Missouri DUI Lawyers
		The point shall be in substantially the following form: "The trial court erred in [identify the challenged ruling or action ], because [state the legal reasons for the claim of reversible error ], in that [explain why the legal reasons, in the context of the case, support the claim of reversible error ]."
		This point relied on identifies the circuit court's ruling, the overruling of Schneider's objection to the horizontal gaze nystagmus evidence, and concisely provides the legal reason for Schneider's claim of reversible error.
		The point relied on, however, fails to explain the "in that" portion--that is, why the legal reason supports his claim of reversible error.
	www.dui1.com /DuiCaseLawDetail5651.htm (486 words)

	Rule 44 (Site not responding. Last check: 2007-10-13)
		No judgment may be reversed on appeal on the ground that the trial court made an error of law unless the court of appeals concludes that the error complained of:
		If the appellate record in a criminal case reveals constitutional error that is subject to harmless error review, the court of appeals must reverse a judgment of conviction or punishment unless the court determines beyond a reasonable doubt that the error did not contribute to the conviction or punishment.
		The reversible error standard in subdivision 44.1 is amended to omit the reference to an action "reasonably calculated to cause" an improper judgment, but no substantive change is intended.
	www.courts.state.tx.us /publicinfo/trap/rule44.htm (503 words)

	Rule 61 (Site not responding. Last check: 2007-10-13)
		No judgment may be reversed on appeal on the ground that the trial court made an error of law unless the Supreme Court concludes that the error complained of:
		If the error affects a part, but not all, of the matter in controversy, and that part is separable without unfairness to the parties, the judgment must be reversed and a new trial ordered only as to the part affected by the error.
		The reversible error standard is amended to omit the reference to an action "reasonably calculated to cause" an improper judgment, but no substantive change is intended.
	www.courts.state.tx.us /publicinfo/trap/rule61.htm (314 words)

	State of WV v. Mills, No. 30031
		The defendant also alleges error in the prosecutor's direct examination of Detective Shumate concerning the defendant's failure to express remorse when he had otherwise expressed himself in court proceedings in which Detective Shumate was present.
		To preserve error with respect to closing arguments by an opponent, a party need not contemporaneously object where the party previously objected to the trial court's in limine ruling permitting such argument, and the argument pursued by the opponent reasonably falls within the scope afforded by the court's ruling.
		Consistent with Lacy, to preserve error with respect to objections to closing argument by the State, a defendant need not contemporaneously object when the defendant has previously made an objection concerning the substance of the argument and obtained a ruling on the objection by the trial court.
	www.state.wv.us /wvsca/docs/Spring02/30031.htm (7837 words)

	Legal Dictionary, AA - Accident Attorneys, Accidents & Personal Injury, Motorcycle Accident Lawyers, Big-Rig Accidents, ... (Site not responding. Last check: 2007-10-13)
		Harmless error - An error committed during a trial that was corrected or was not serious enough to affect the outcome of a trial and therefore was not sufficiently harmful (prejudicial) to be reversed on appeal.
		Reverse An action of a higher court in setting aside or revoking a lower court decision.
		Reversible error A procedural error during a trial or hearing sufficiently harmful to justify reversing the judgment of a lower court.
	www.accidentlawyercalifornia.com /legal_dictionary.html (13605 words)

	ipedia.com: Reversible error Article (Site not responding. Last check: 2007-10-13)
		Reversible error in an error by the trier of law or the trier of fact or malfeasance by one of the trying attorneyss which results in an unfair trial.
		It is to be distinguished from errors that do not...
		Reversible error in an error by the trier of law (judge) or the trier of fact (jury - or again the judge if it is a bench trial) or malfeasance by one of the trying attorneyss which results in an unfair trial.
	www.ipedia.com /reversible_error.html (209 words)

	Reversible Error (Site not responding. Last check: 2007-10-13)
		The cases marked with an asterisk are considered the most serious cases of error, or at least the ones emphasized in academic circles.
		Too often, all that students learn when studying criminal justice are sentencing errors, and it is the purpose of this page to illustrate the complete variety of errors that can plague a justice system.
		1996) (In an arson case, it was error to admit evidence that the defendant threatened to burn his tenant's house or that the defendant's previous residence had burned).
	faculty.ncwc.edu /toconnor/405/405lect15.htm (11992 words)

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