[EL] ELB News & Commentary 6/29/16

[Mark Scarberry]

A quick note as I'm going out the door. If I'm reading Neder correctly --
after a very quick read -- that standard applies to constitutional errors,
not to errors in jury instructions with regard to statutory construction or
other matters.

Mark

Prof. Mark S. Scarberry
Pepperdine Univ. School of Law

On Wed, Jun 29, 2016 at 10:36 AM, Greabe, John <John.Greabe at law.unh.edu>
wrote:

> The harmless-error standard does require the government to establish
> beyond a reasonable doubt that the verdict was unaffected by the error.
> The Court made this clear in Neder v U.S., liked below.  In doing so, the
> Court rejected the argument that instructional error which precludes the
> jury from finding each element of the offense charged under a proper jury
> charge causes a structural defect that can never can be harmless.  Here is
> a link to Neder:
>
> https://supreme.justia.com/cases/federal/us/527/1/case.html
>
> John Greabe
> Professor of Law
> UNH School of Law
> (603) 513-5191 (office)
> (603) 344-1933 (cell)
> http://works.bepress.com/john_greabe/
>
> From: <law-election-bounces at department-lists.uci.edu> on behalf of Mark
> Scarberry <mark.scarberry at pepperdine.edu>
> Date: Wednesday, June 29, 2016 at 1:13 PM
> To: "law-election at uci.edu" <law-election at UCI.EDU>
> Subject: Re: [EL] ELB News & Commentary 6/29/16
>
> h
>
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