People v. Rodriguez
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
WISEMAN, J.
In this murder case, the trial court falls into the ever too common sinkhole of Wheeler error committed while selecting alternate jurors during the last gasp of more than one month of voir dire proceedings. Under almost any conceivable set of circumstances, unless remedied by a dismissal of the entire jury panel, this slip would be legally unforgiveable resulting in per se reversible error. Based on the singular scenario of this case, we conclude the court’s error is a “trial error” thereby subjecting its effect to a harmless error analysis to be applied by the trial court.…
2Cases cited42 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Batson v. KentuckySupreme Court of the United States · 1986
- Gideon v. WainwrightSupreme Court of the United States · 1963
37 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- People v. McDermottCalifornia Supreme Court · 2002
- Diomampo v. StateNevada Supreme Court · 2008
- People v. CottleCalifornia Supreme Court · 2006
- People v. WilliamsCalifornia Court of Appeal · 2000
- People v. WillisCalifornia Supreme Court · 2002
8 more not listed; retrieve them via the Exa API.