“Without question cumulative error may assemble in such proportion that reversal is required.” (citations omitted)
How later courts described this case
- “Without question cumulative error may assemble in such proportion that reversal is required.” (citations omitted)
- emphasizing the unique qualities of videotapes
- although the decision in that case is, at best, splintered
- videotaped pre-arrest interview held to be testimonial
Written by the judges who cited it.
The opinion
BROWN, Justice,
concurring.
I agree that this case must be reversed.
In the last paragraph of the majority opinion, reference is made to cumulative error. It seems that the doctrine of cumulative error, in simple terms, is that several small errors add up to a big error; and while none of the small errors standing alone is sufficient for reversal, the sum of the small errors becomes substantial mandating reversal. I have a continuing problem with the nebulous doctrine of cumulative error and do not believe it has application here. The errors in this case, standing alone, are sufficient to justify reversal without resorting to cumulative error.