Law Practice,
Appellate Practice
Feb. 3, 2020
Harmless error
Lawyers sometimes think, “The judge was wrong. That evidence was not admissible. So I’ll win the appeal. All I need to do is write a brief showing the error.” Not enough.
William Stein
Of Counsel
Moskovitz Appellate Team
William Stein is a former Justice of the California Court of Appeal, 1st District.
Myron Moskovitz
Legal Director
Moskovitz Appellate Team
90 Crocker Ave
Piedmont , CA 94611-3823
Phone: (510) 384-0354
Email: myronmoskovitz@gmail.com
UC Berkeley SOL Boalt Hal
Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.
Lawyers sometimes think, "The judge was wrong. That evidence was not admissible. So I'll win the appeal. All I need to do is write a brief showing the error."
Not enough. To get a reversal, you must also show that the judge's error was "prejudicial" -- not "harmless error." This rule stems from the California Constitution, which allows reversals only where "the error complained ...
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