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Understanding the Term “Harmless Error” in Oklahoma Criminal Appeals
Harmless error is an important concept to understand in the appeal of criminal convictions. Every issue, with the exception of issues that involve “fundamental error”, will be subjected to the “harmless error analysis”. To demonstrate prejudice, a defendant must show that the complained of error “worked to his [or her] actual and substantial disadvantage, infecting [the] entire trial with error of constitutional dimensions.” (See U.S. v. Frady, 456 U.S. 152, 170 (1982)) To establish prejudice, the applicant will have to establish that but for the error, the outcome would have likely been different. (See Brecht v. Abrahamson, 507 U.S. 619, 622 (1993) (defining habeas standard for relief as requiring a showing of a “substantial and injurious effect or influence in determining the jury’s verdict”)
Harmless Error
......this Court applies the " harmless error" doctrine to errors which neither result in a miscarriage of justice nor constitute a substantial violation of a constitutional or statutory right. Thus, our law does not require perfection by the State in prosecuting a citizen. We can, and do, frequently deem harmless those errors which do not substantially violate an individual's rights. Flores v. State, 1995 OK CR 31.
The “harmless error” doctrine is disliked by most criminal appeal attorneys I know. With the “harmless error” doctrine the appellate courts admit that error occurred, however, make the determination that the error was “harmless” and did not affect the outcome of the trial. The “harmless error” doctrine is often appropriately used by the appellate courts to deny frivolous claims raised by criminal appeal attorneys. However, sometime appellate courts use the “harmless error” doctrine to excuse non-frivolous claims that should lead to a reversal of a defendant's conviction.
For a detailed explination of direct appeal, Oklahoma post conviction relief and federal habeas read Understanding Oklahoma's Criminal Appeal Process- An Overview of the Criminal Appeals Process from Direct Appeal through Federal Habeas.You may also find the videos below helpful.
Appeals are About Process
This video explains why appeals are about process not guilt or innocence.
Standard of Review in Criminal Appeals
This video explains Standard of Reviews on appeal.