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
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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