ROSS

v.

CALIFORNIA

Citator

Cited By (12 total)

• State v. DiGUILIO, 491 So. 2d 1129 (Fla. 1986)
  …Traynor of the California Supreme Court. See Roger J. Traynor, The Riddle of Harmless Error (1970), and the dissent to People v. Ross, 67 Cal.2d 64, 429 P. 2d 606, 60 CaLRptr. 254 (1967) (Traynor, C.J. dissenting), rev’d sub nom, Ross v. California, 391 U.S. 470, 88 S.Ct. 1850, 20 L.Ed.2d 750 (1968). In his dissent, Chief Justice Traynor maintained that comments on Ross’s failure to testify were harmful and that the majority misunderstood and misapplied the Chapman harmless error test. Chief Justice Trayn…
• Ventura v. State, 29 So. 3d 1086 (Fla. 2010)
  …e verdict, then the error is by definition harmful. DiGuilio, 491 So. 2d at 1136, 1138-39 (citations omitted) (emphasis supplied) (quoting People v. Ross, 67 Cal.2d 64, 60 Cal.Rptr. 254, 429 P. 2d 606, 621 (1967) (Traynor, C.J., dissenting), rev’d, 391 U.S. 470, 88 S.Ct. 1850, 20 L.Ed.2d 750 (1968)). Since restating the test in DiGuilio, this Court has provided further guidance on the correct analysis of harmless error. For example, in Rigterink v. State, 2 So. 3d 221 (Fla.2009), petition for cert, filed,…
• State v. LEE, 531 So. 2d 133 (Fla. 1988)
  …its verdict because of the error without considering other reasons untainted by error that would have supported the same result. People v. Boss, 67 Cal.2d 64, 85, 429 P. 2d 606, 621, 60 Cal.Rptr. 254, 269 (1967) (Traynor, C.J., dissenting), rev’d, 391 U.S. 470, 88 S.Ct. 1850, 20 L.Ed.2d 750 (1968). We also reject the argument that the DiGuilio test is “unworkable.” It is apparent that the district court below was able to adequately apply the test as evidenced by its conclusion that it could not say that…

Authorities Cited

• Chapman v. California, 386 U.S. 18 (U.S. 1967)
• Anderson v. Nelson, 390 U.S. 523 (U.S. 1968)