On Point blog, page 1 of 1
How to beat the “harmless error” rap
For the 2015 SPD conference, Judge Sankovitz and Attorneys Rob Henak and Melinda Swartz prepared an excellent outline on a problem that plagues many defense lawyers on appeal. They have a great issue. They win it, but then the court of appeals or supreme court finds the error harmless. This detailed, well-researched outline walks you through the history of the “harmless error” doctrine and offers ideas for how to beat it in various situations.
Appellate Procedure – Harmless Error – Erroneous Admission of Misconduct Evidence (of Uncharged Child Sexual Assault)
State v. Randy Mcgowan, 2006 WI App 80
For Mcgowan: Dianne M. Erickson
Issue/Holding: Wrongful admission of misconduct evidence was reversible error:
¶37 Based on our review, we are not convinced beyond a reasonable doubt that the admission of Janis’s testimony did not contribute to the verdict. The State’s case was based entirely on various recollections about events that occurred years earlier. [3] The defense disputed many of those recollections and noted the lack of physical evidence of any sort corroborating physical abuse by a large man of a small child.