Roman Andreyevich Glukhoy v. California
Jurisdiction
When a defendant is convicted after a trial court instructs a jury on two theories of guilt, one of which is legally correct and one legally incorrect, how does the reviewing court determine whether the error was harmless beyond a reasonable doubt under Chapman v. California (1967) 386 U.S. 18?
QUESTION PRESENTED 1. When a defendant is convicted after a trial court instructs a jury on two theories of guilt, one of which is legally correct and one legally incorrect, how does the reviewing court determine whether the error was harmless beyond a reasonable doubt under Chapman v. California (1967) 386 U.S. 18? Does the reviewing court consider the likelihood that the jury applied the erroneous instruction or only the strength of the evidence to support a guilty verdict using the correct instruction? ii