Whistle-blowers accuse CSU over contracts Aug 18, 2008
" Interim Vice Chancellor Gail Brooks also noted in a Jan. 31, 2008, memo that officials had violated the policy. But she dismissed it as a harmless error, saying "the awarding of the contract did not constitute a misuse of public funds because the individuals involved in the awarding of the contract had the authority to approve the transaction. " A related CSU policy requires officials to evaluate at least three other vendors and explain why they were rejected before awarding a no-bid contract.... (San Francisco Chronicle)
Convicted killer gets 2nd trial in 2002 Daytona nightclub murder Jun 27, 2008
Writing for the dissent, Justice Raoul Cantero said he believed the change to be a harmless error, saying that other evidence of Scipio's guilt was overwhelming. Although it remains to be seen what witnesses will be called, three people who claimed to be eyewitnesses to the shooting testified in Scipio's 2002 trial. (Daytona Beach News Journal)
Attorneys Slam 'Bailout Plan' for Businesses May 29, 2008
The amendment "stops destructive lawsuits against companies that made a harmless error in the past," he said. The bill, along with several others, await President Bush's signature, possibly as early as next week. (Law.com)
Death row cases may cost county millions to revisit Apr 22, 2008
There is a catch: The state Supreme Court has indicated it could review each case to look for "harmless error." That means the jury, in determining guilt, already weighed aggravating factors. A jury that finds a man guilty of killing three people for money, for example, has already considered the aggravating factors of multiple murders and pecuniary gain. (FOX 11, AZ)
Park Lane condos suit on hold Jan 25, 2008
At issue is whether a "harmless error" allegedly created in Buffalo City Hall can effectively kill the $55 million project. Opponents allege Buffalo officials failed to properly file necessary paperwork with environmental agencies and the project, which was approved by the last year, will have a negative impact on the neighboring Park Lane Apartments and Gates Circle area. (Buffalo Business First, NY)
Mexican drug cartels pay Texas teens to kill Nov 11, 2007
" Prosecutor is confident But the appeal must also show whether the failure to follow procedure was harmful that is, that it predominantly led jurors to convict. And assistant district attorney Guillen believes that this is where it will fail. "I'm confident even if the appeals court sees it as judicial error, they'll still find it a harmless error," he said. "Even if they do order a new trial, we have enough evidence and testimony to get a conviction. " Mr. Guillen says the state took the plea... (KHOU.com, TX)
Peterson's conviction allowed to stand Nov 10, 2007
Investigators found similar evidence from other searches that were legal, and having the jury see illegally obtained evidence was a harmless error, the court found. The court also determined that an improper closing argument by a prosecutor wasn't enough to overturn the conviction. (News & Observer)
New trial ordered in Albany shooting Nov 3, 2007
The court further concluded that the delivery of the instruction was not harmless error because the jury likely would have concluded that the instruction required it to find retreat from the conflict as a prerequisite to a lawful claim of self-defense. Lang is being held at the Linn County Jail. (Albany Democrat-Herald, OR)
Fake news is good news, at least to FEMA Oct 29, 2007
FEMA s lie isn t as egregious as this one, but neither is it the harmless error the White House would have us believe. Here s hoping it really will, as it pledged, do better. (Montrose Daily Press, CO)
Waste district clash over sick time vote hits court Oct 6, 2007
"If there was an error, it was a harmless error," Chace said in closing. "It does not warrant any penalty to the district." In fact, she called for a complete dismissal of Smith's complaint. (New Britain Herald, CT)
Conviction for killing kids overturned Sep 13, 2007
The dissenting judges said admitting Camachos statements into evidence was a harmless error because the jury decided Rubio was not legally insane. Mental illness can indeed excuse criminal conduct, but only for a narrow range of offenders, presiding Judge Sharon Keller wrote. (MSNBC -- Crime)
Athens man who shot cousin wants new trial Sep 11, 2007
Your Connection to the. This guy was shot nine times in front of a lot of people. (Athens Banner-Herald)
O's 'pen can't hold on vs. Twins Aug 24, 2007
The four-time All-Star shortstop had also made a harmless error earlier in the game, but he resisted any speculation that his fielding has taken a hit this year. "I don't want to say that I rushed, because that's a slow ground ball," said Tejada, who's made 11 errors. (MLB.com -- Baltimore Orioles)
I believe Murtha is perhaps one of the more corrupt pols in Washington; but on matters related to the military I believe he is right on and sincere and a voice to be listened to. Even a broken clock is right twice a day. More... Aug 10, 2007
Even so, since you can't kill detainees even under orders from a Lt., it's what an appellate court would call "harmless error." Sorry y'all. This is a standard "undisciplined dirtbags got caught doing a crime" storry. (North County Times)
Swinging for a Double Jul 26, 2007
The Indians was errorless Friday and made one harmless error in each game Saturday. Their hitters rapped pitches over the plate and let the bad ones go by. (Lompoc Record, CA)
Righetti grad nips Indians rally in the ninth Jul 22, 2007
The Indians seemed done when they came to hit in the ninth but the Rattlers' fielders, with one harmless error going in, suddenly made things interesting. After a lead-off walk, the charging Reesing couldn't handle Blake Crosby's high hopper. (Lompoc Record, CA)
Durham DA may face another entanglement Jun 7, 2007
"Courts have basically ignored it. I've seen misconduct by prosecutors in a capital case where everyone recognizes the misconduct, but the judge declares it a harmless error. Then the prosecutors show up at the execution."Another perilNifong also faces potential trouble from the senior judge in Durham, Superior Court Judge Orlando Hudson, who is in charge of a pending request from Durham resident Beth Brewer to remove Nifong from office. Hudson has declined to hear the matter, saying he will... (News & Observer)
Waverly outlasts Unatego May 29, 2007
Unatego's defense, which had committed just one harmless error all day, committed a one-out error on a bad throw to first. With designated hitter P.J. Grego on second because of that error, Chase Emerson, who had been struggling as the year came to an end and was 0-for-5 to that point, came through with a single to center and Grego charged home with the winning run. (Sayre Evening Times, PA)
Court upholds ruling in Derrick Todd Lee case May 17, 2007
The First Circuit panel ruled that state District Judge Robin Free's decision to allow evidence from the killing of Trineisha Colomb in Lafayette was a harmless error and that Lee's conviction was "surely unattributable to the error.". The panel said other evidence, which included DNA, a boot print, knife wounds and a telephone call made to Lee's former employer from Geralyn DeSoto's Addis home, all bolstered the jury's decision to convict Lee. (KSLA.com, LA)
Ark. high court overturns appeals court's decision in drug case May 11, 2007
As for the tape destroyed in the fire, the Supreme Court said the admission of the transcript was a "harmless error" that didn't influence the outcome of the case. A service of the Associated Press(AP). (Pine Bluff Commercial, AR)
Hounds race past Panthers May 2, 2007
They had one harmless error. Arroyo Grande 5, Righetti 4. (Santa Maria Times)
Claim: Evidence Withheld Apr 20, 2007
However, because the sketch is referenced in two reports that Sherman clearly had in his possession before trial, the high court deemed it harmless error, because Sherman had notice of the existence of the sketch and didn't pursue it. Santos argued to Superior Court Judge Edward R. Karazin Jr. Thursday that the sketch contributes to "a pattern of nondisclosure." Karazin, who is hearing everything and deferring making decisions on admissibility and relevance until after the proceeding is over,... (Hartford Courant)
Eighth inning run pushes Cerritos past Hancock Apr 6, 2007
Hancock had one harmless error. The Falcons outhit the Bulldogs 14-10, but opposing pitchers left both offenses frustrated by scoring chances that turned fruitless. (Lompoc Record, CA)
Justices hear debate over staged photos Apr 4, 2007
"They made the leap. ... There's no way it could be found a harmless error," he said. While investigating the crime scene, investigators found a spent cartridge and a firearm about 30 feet from where Alcaraz was arrested, prosecutor Ravi Bawa said. (Las Vegas Review-Journal -- Nevada News)
Net phone customers brace for 'VoIP spam' Mar 21, 2007
Net phone customers brace for 'VoIP spam. com Published on August 10, 2004, 4:00 AM PT. (ZDNet News)
49ers use their brooms Mar 14, 2007
Yuba (7-15-1, 3-1) committed just one harmless error against Mendocino (7-11, 2-2) and continued its recent success at the plate by pounding out 15 hits, ending the second game with the mercy rule after scoring twice in the sixth. t's just good to pick these two up. (Appeal Democrat, CA)
Court rejects cut in prison sentence Mar 7, 2007
And because any reasonable person would have known Roberson was motivated by gang involvement, it was a harmless error for Jones to impose that aggravating factor on him, the judges concluded in a unanimous three-person decision. To bolster its point, the appeals court quoted liberally from evidence in Roberson's trial. (Herald Sun)
• Racine man convicted of burglary to get new trial Feb 9, 2007
The state didn't contest Glebe's argument that Torhorst erred in communicating with the jury without Glebke or his attorney present, but said it was a harmless error. The appeals court disagreed, stating that although there was abundant evidence that firearms were stolen and found in Glebke's possession, Torhorst's answer in effect instructed the jury that Glebke was guilty of felon in possession of a firearm. (Racine Journal Times, WI)
9th Circuit Steps Up En Banc Reviews Feb 6, 2007
Another case under review held as harmless error the government's failure to disclose to the defense in a bank robbery case that someone who looked like the defendant had been convicted of nearby bank robberies. U.S. v. Jernigan, No. 05-10086. (Law.com)
Tainted trials: one year later Jan 29, 2007
When Justice Nathan Mihara, in dissent, dismissed Navarro's instructions as irrelevant to the jury's verdict, the majority struck back that his ``bottom-line type harmless error analysis'' was improper. In another case, the court found that trial judge David Cena placed unreasonable restrictions on the defense attorney's cross-examination of the complaining witness and overturned one of the sex crimes against Sergio Ortiz. (San Jose Mercury News)
. . . morally justified Jan 3, 2007
But where evidence of guilt is notorious, procedural deficiencies are routinely treated as harmless error. And Saddam's responsibility for the deaths of hundreds of thousands was as incontrovertible as Stalin's liquidation of the Kulaks or Chairman Mao's harrowing Cultural Revolution. (Washington Times, DC)
Justices affirm conviction in LV shooting death Dec 28, 2006
Regardless, the statements were "harmless error" because of the strength of the state's case against Centofanti, the court said. Centofanti argued for a new trial because a juror concealed a prior felony conviction and another juror conducted his own firearms experiment. (Las Vegas Review-Journal -- Nevada News)
DEATH ROW: Capital cases under review Nov 17, 2006
Nov. 17, 2006 Copyright. Las Vegas Review-Journal. (Las Vegas Review-Journal -- Nevada News)
High Court orders new trial in spouse abuse case of 2003 Oct 12, 2006
The state argued that giving the jury access to the Kratz interview was a harmless error and that Parker cannot prove that the jury actually even heard the interview or that it contributed to his conviction. The problem with the state s argument is it presumes that Parker must prove both the existence of an error and its prejudicial impact, Cotter wrote in the Wednesday decision. (Montana Standard, MT)
South Bay criminal case reaches high court Oct 11, 2006
The San Jose-based 6th District Court of Appeal rejected Musladin's argument in 1997, finding the buttons a ``harmless error'' that did not taint the verdict. The state Supreme Court and a federal judge also ruled against Musladin. (San Jose Mercury News)
jewelry store slayings: Conviction reversal sought Sep 6, 2006
"I'm arguing for a harmless error standard," he said. The court will rule later. (Las Vegas Review-Journal -- Nevada News)
N.J. execution a distant possibility Jul 30, 2006
"We have the position that there is no such thing as harmless error in a capital case," said Tom Rosenthal, a spokesman for the state public defender's office, which is representing Martini. Because of the moratorium, which will continue at least through the fall, the Bergen County prosecutor's office does not intend to ask a judge to issue a death warrant for Martini, Assistant Prosecutor Catherine A. Foddai said. (Newsday -- New York City)
Attorney: Murphysboro should redo annexation Jul 13, 2006
"I think it's a harmless error," said Alderman Mark Costa, who attended the hearing. "The complainant is not the person who had the error in their parcel and they have nothing new to offer. They just don't like Wal-Mart.". (Mattoon Journal-Gazette, IL)
High Court Affirms Defendants' Right to Counsel of Choice Jun 27, 2006
As a result, Scalia said, the deprivation of this right is a "structural defect" so severe that it defies the kind of "harmless error" analysis that is used to determine the importance of lesser defects in the trial process. It would be impossible, he said, to determine how a trial might have come out differently in the hands of a lawyer with a "more jury-pleasing courtroom style or a longstanding relationship of trust with the prosecutors.". (Law.com)
Denial of right to counsel never harmless Jun 27, 2006
The justices found that sentencing the defendant for using a gun instead of the lesser enhancement for assault with a deadly weapon was harmless error. The decision involved the issue of whether a previous Supreme Court decision must apply to a case on appeal when the ruling was made. (Washington Times)
Wessberg, KM win WIAA opener Jun 1, 2006
" Not only did Wessberg do well at the plate, but she finished the game with a three-hitter. Two of those hits came in the first inning. At one stretch from the first inning to the sixth, Wessberg didn't allow a single for 17 consecutive batters. Wessberg struck out the side in the first inning, despite getting nicked for a run and two hits. She struck out seven and walked four. Kettle Moraine's defense was guilty of one harmless error for the day. Time and time again, the Lasers made key plays... (Kettle Moraine Index, WI)
High court panel hears murder case Jun 1, 2006
"If there was error, it was harmless error," Miller said. A ruling is forthcoming. (Las Vegas Review-Journal -- Nevada News)
Ore. court orders review of $100M award against tobacco companies May 19, 2006
Gottlieb said the Oregon Supreme Court could decide the jury instruction issue was, "at most, harmless error," adding it "would seem absurd" for another jury to reduce the award substantially. The original jury also awarded $168,000 in compensatory damages to Schwarz's family, which Philip Morris attorneys have argued should be overturned. (KGW Northwest NewsChannel 8, OR -- Business)
Recent Change Let Judge Replace Troubled Juror May 5, 2006
PC Wizard has detected. Your PC is ready to turn into a Super TV in 2 minutes. (FOX61, CT)
Team unity fuels Marysville's run May 4, 2006
Meanwhile, the Lion defense played well behind Peluso, committing just one harmless error with two outs in the fifth inning. Peluso then fanned the final Saint batter to wrap up the victory. (Towson Times, MD)
Murder conviction overturned Apr 20, 2006
Although calling it a harmless error in Bradford's trial, the court nevertheless expressed concern about the Clark County district attorney's decision to introduce information about gang affiliation in violation of a court order. The court noted that the gang affiliations also were used by Bradford's trial attorney. (Las Vegas Review-Journal -- Nevada News)
Supreme Court to Consider the Fungibility of Lawyers Apr 15, 2006
Less serious violations are subject to "harmless error" analysis, in which the defendant must show that the defect actually prejudiced the trial's outcome. But the 8th Circuit said no such showing was needed. (Law.com)
The toughest court's toughest justice Jan 27, 2006
There is no way'' the jurors ``decided the case on that basis, and pretending that they did as a way of finding harmless error was both wrong and unfair,'' said Robinson, the appellate attorney supervising the case ... Bamattre-Manoukian said the decisions barring the judge's testimony, but permitting the expert's, were nothing more than harmless error. (San Jose Mercury News)
Last chance, little help Jan 27, 2006
Of all the methods the 6th District uses to uphold convictions in the face of questionable conduct, the most common is harmless error -- ruling that whatever error existed at trial simply did not matter. Harmless error is a legitimate tool, and often an important one ... The case of Vu Trong Nguyen illustrates just how subjective harmless error decisions can be. (San Jose Mercury News)
Witness: Iraqi General Was Beaten Earlier Jan 19, 2006
The judge, Col. Mark Toole, disagreed, deeming the comment a harmless error. He said jurors would be told to disregard Hughes' testimony and instructed that seeking an attorney's counsel is not an admission of guilt. (PhillyBurbs.com)
Mitchell Slough decision validated Jan 13, 2006
The report, the judge said, had in fact been withdrawn, but there was plenty of other evidence supporting the conservation district's decision, so using it was a harmless error. Because of that harmless error, it didn't matter that the protective association wasn't allowed to cross-examine the report's author, the judge said. (Missoulian, MT)
GENERAL ELECTRIC/HONEYWELL MERGER PROHIBITION UPHELD BY EUROPEAN COURT OF FIRST INSTANCE "CONGLOMERATE EFFECTS" ANALYSIS REPRESENTS "MANFEST ERRORS OF ASSESSMENT" Jan 11, 2006
8 Thus, while the rejection of the Commission's conglomerate merger economics effects theory constituted "manifest error", it was harmless error. This is because, as the CFI observes, the application for annulment was properly rejected, as the Commission's decision was based on a combination of elements of fact and law which were complimentary, and not exclusive. (Blawg -- Business Law)
Throws Right, Bats Right, OK? (U.S. News & World Report) Jan 1, 2006
A dissenting Alito wrote that evidence of harassment has limited probative value and characterized the lower court's action as harmless error. However, he sided with nine white police officers in Pittsburgh who claimed they were discriminated against by a change in department testing policy they argued was intended to benefit minority applicants. (RSS - Yahoo News - Politics)
