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Appellate Practice

May 5, 2005

First, Presume Prejudice In 'Harmless Error' Inquiries

Focus Column - Appellate Law - By Kathy M. Banke and David J. de Jesus - The "harmless error" rule sounds deceptively simple. A judgment will not be reversed on appeal because of error alone. To support reversal, an error must be prejudicial (e.g., Federal Rule of Civil Procedure 61; Federal Rule of Evidence 103).

1st Appellate District, Division 1

Kathleen M. Banke

Associate Justice California Court of Appeal

David J. de Jesus

Counsel Reed Smith LLP

101 2nd St Ste 1800
San Francisco , CA 94105

Phone: (415) 543-8700

Fax: (415) 391-8269

Email: ddejesus@reedsmith.com

Loyola Law School; Los Angeles CA

David is in the firm's Appellate Group, resident in San Francisco office. He is certified as specialists in appellate law by the California State Bar Board of Legal Specialization.

        
        Focus Column
        
        Appellate Law
        
        By Kathy M. Banke
   &...

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