« Around the blogosphere | Main | Grading Miers: late work requires a deduction »
October 27, 2005
A state perspective on harmless error
As discussed in a series of recent posts (here and here and here), the US Supreme Court has granted cert in Washington v. Recuenco (docket 05-83) in order to explore whether Blakely errors can be subject to harmless-error analysis. In an interesting article in the New Jersey Law Journal, Steven Sanders relies on the New Jersey Supreme Court's handling of Blakely issues to argue that, even if federal constitutional law is interpreted to permit Blakely errors to be subject to harmless-error analysis, state courts can still as a matter of state law hold that such errors require automatic reversals. Here is part of the article's introduction:
Relying on basic federalism principles, this article explains why state courts are not obligated to obey a federal law of remedies in adjudicating federal constitutional violations and why state courts have every right, as a matter of state law, to remedy a federal constitutional violation that a federal court would find harmless.
Download sanders_njlj_on_errors.pdf
October 27, 2005 at 07:10 AM | Permalink
TrackBack
TrackBack URL for this entry:
https://www.typepad.com/services/trackback/6a00d83451574769e200d835566ea669e2
Listed below are links to weblogs that reference A state perspective on harmless error: