When Should Error as to the Definition of a Sentencing Enhancement Be Subject to Harmless Error Analysis?
Washington v. Recuenco Docket No. 05-83 From: Supreme Court of Washington Case at a Glance This case comes to the Supreme Court on the State of Washington’s “question presented” of whether error as to the definition of a sentencing enhancement should be subject to harmless error analysis when it is shown beyond a reasonable doubt that the error did not contribute to the verdict on the enhancement. The defendant contends that the petitioner has misstated the actual question raised by his case and that harmless-error review is inappropriate in any event. • Previewed by Elizabeth Wydra, an associate in the firm of Quinn Emanuel Urquhart Oliver & Hedges in San Francisco.
