constitutional harmless error standard “can be met if there is overwhelming evidence of the defendant’s guilt that is not tainted by the error”
How later courts described this case
- constitutional harmless error standard “can be met if there is overwhelming evidence of the defendant’s guilt that is not tainted by the error”
- “The party presenting an issue for review has the burden of providing an adequate record to establish error.”
Written by the judges who cited it.
The opinion
Gordon McCloud, J.
¶55 (concurring in dissent) — I agree with the dissent’s comprehensive explanation of why the court’s instruction violated Robert Barry’s right to a *326 verdict based solely on the evidence under the Sixth Amendment to the United States Constitution. I also believe that the comment violated Barry’s due process rights to both a fair trial and a trial based solely on the evidence under the Fourteenth Amendment to the United States Constitution. I therefore concur in the dissent.