Opinion

Bartell v. State

  • 65 O.B.A.J. 2910
  • 881 P.2d 92
  • 1994 OK CR 59
  • 1994 Okla. Crim. App. LEXIS 66
  • 1994 WL 474134
Court
Court of Criminal Appeals of Oklahoma
Filed
Sep 2, 1994
Status
Published
Author
Johnson
On the bench
Lumpkin, Lane, Johnson, Chapel
Cited by
42 cases
Authority
More cited than 7.1%

distinguishing between "trial errors" that occur during the presentation of the case, which are subject to harmless error analysis, and "structural defects" that impact the entire conduct of the trial and thus defy analysis by harmless error standards

How later courts described this case

  • distinguishing between "trial errors" that occur during the presentation of the case, which are subject to harmless error analysis, and "structural defects" that impact the entire conduct of the trial and thus defy analysis by harmless error standards
  • distinguishing between “trial errors” that occur during the presentation of the ease, which are subject to harmless error analysis, and “structural defects” that impact the entire conduct of the trial and thus defy analysis by harmless error standards

Written by the judges who cited it.

The opinion

JOHNSON, Vice Presiding Judge,

dissenting:

I agree in the dissent of Judge Chapel herein, but in so doing I need to clarify my *102 position as to the dissent. I also agree with Judge Chapel that a harmless error analysis may be applied to the videotape that was admitted pursuant to 22 O.S. § 752. I was the author of the opinion as it relates to such statute. Burke v. State, 820 P.2d 1344 (Okl.Cr.1991), cer t. denied, — U.S. -, 112 S.Ct. 2940 , 119 L.Ed.2d 565 (1992).

When the harmless error analysis is attached to this case, one cannot say beyond a reasonable doubt that the evidence of the video tape, since there was little other evidence, did not lead to the finding of the jury and contribute to their verdict.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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