Introduction II. Narrowing The Question III. The Nature Of Harmless Error IV. Governing Louisiana Legal Principles V. The "Probative Impact" Of The Error VI. Exorcising The Ghosts From The Machine VII. Conclusion
Trial court did not err in rendering judgment against taxpayers on their claim for a judgment declaring void a city council’s adoption of an ordinance approving a planned unit development. Power granted to board of zoning appeals by city charter to grant variances was not exclusive; charter gave council “all legislative and other powers of the City.” Depositions properly before trial court supported its conclusion that planned unit development did not violate zoning code. Even if trial court may have referred in its decision to evidence not properly before it, that evidence had no impact upon the dispositive legal issues, so that the trial court’s error in this regard was harmless. Judgment affirmed.
... special circumstances to have been harmless beyond a reasonable doubt or by independently rewe... a state appellate court determined the error was harmless or reweighed the mitigating evidence ... four aggravating circumstances has the same legal significance as a finding of three, and invalidati...
Introduction - II. Anatomy of an Anecdote: What Is the Explanatory - Exception? - A. The Rule: Hearsay - B. The "Exception": Explanation - C. What It Was and What It Is - D. Scope of the Exception - . Relevancy - . Verbal Statements v. Conduct - . Constitutional Restrictions - . Other Evidentiary Limitations - III. Louisiana’s Application of the Explanatory Exception: - A Tumultuous Tale - A. The Supreme Court Trilogy - B. Too Much Hearsay Relevancy - C. Uncaging of the Beast: Inconsistent Appellate - Application - . Blatant Explanatory Exception Abuse - . Specific Categories of Misuse - IV. Resolving the Plot’s Central Conflict: How to Legally - Apply the Explanatory Exception in Louisiana - A. Return to a Proper Relevancy Analysis - . Explanations of an Officer’s Conduct - . Explan...
...Nevertheless, because we conclude that the error was harmless, we AFFIRM Blechman's convictions. . ... that Blechman was merely providing accurate legal advice to Yass rather than participating in an unl...
.... LEGAL COMMENTARY: With all due respect to the Court of A...
Federal trial courts frequently misuse willful-blindness jury instructions. This note argues for the federal appellate courts to implement a consistent set of standards that would curb this misuse and help bring clarity to the willful-blindness doctrine.
...Despite this error, the State Court of Appeal affirmed Roy's convictiion, finding that the error was "harmless beyond a reasonable doubt." See Chapman v. Califor... whether an error in respect to the use of a legal presumption was harmless. Subsequent to Carella, h...
...'Neal had established constitutional "trial" error with regard to one of the jury instructions, but d... that error on the ground that it was "harmless." Mter setting forth the harmlessness standard nor...Pp. 436-445. (a) The foregoing legal conclusion rests upon three considerations. First,...
... from the jury’s deliberations, and this error was not harmless as the alleged incident may have ...Thomas provides no legal support for his argument that a “voyage” under...
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