ILNews

High court clarifies harmless error under Sixth Amendment

Back to TopE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

ADVERTISEMENT