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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. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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