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High court clarifies harmless error under Sixth Amendment

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The Indiana Supreme Court granted transfer to a man’s case in order to address the application of harmless error to Sixth Amendment violations involving confronting those who create laboratory reports.

Max Koenig claimed the trial court violated his constitutional right to confrontation when it admitted a lab report without allowing him to confront the person who created it. The Indiana Court of Appeals held the error was harmless because there was sufficient evidence to support his conviction of dealing in a schedule II controlled substance as a Class B felony without the report. The judges noted in a footnote in their opinion that a harmless error analysis after Crawford v. Washington, 541 U.S. 36 (2004), is not applicable to the Sixth Amendment.

In Max Koenig v. State of Indiana, No. 42S04-1009-CR-505, the justices disagreed, finding Chapman v. California, 386 U.S. 18 (1967), to be applicable to these types of cases. In Chapman, the United States Supreme Court held that in the context of a particular case, certain constitutional errors may have been “harmless” in terms of their effect on the fact-finding process at trial. A Chapman harmless error analysis turns on a number of factors, including the importance of the witness’ testimony in the prosecution’s case and the overall strength of the prosecution’s case, wrote Chief Justice Randall T. Shepard.

“Since Chapman, we have reaffirmed the principle that an otherwise valid conviction should not be set aside if the reviewing court may confidently say, on the whole record, that the constitutional error was harmless beyond a reasonable doubt,” he wrote.

The justices also didn’t find that Crawford limited the application of Chapman.

“A Chapman analysis does not involve a substitution for confrontation, but a means to cope with inevitable mistakes that creep into trial proceedings which beyond a reasonable doubt could not affect the verdict,” he wrote.

In Koenig’s case, he admitted to giving drugs to his friend, told police where he got the methadone, and his statements to police were corroborated by a witness. The confrontation error in his case was harmless beyond a reasonable doubt.

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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

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