State v. Fulminante

I dissent. I believe the harmless error doctrine can be applied in this case. Admittedly, this view is a change from a previously held position. I believe, however, that changes in the law now allow the harmless error doctrine to be applied to coerced but reliable confessions.

At the time of Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967), and Harrington v. California, 395 U.S. 250, 87 S.Ct. 1726, 23 L.Ed.2d 284 (1969), two leading United States Supreme Court cases on the exclusionary rule, it was generally assumed that confessions given in violation of Miranda were…