chapman california argued decided february petitioners convicted following california state criminal trial prosecutor permitted state constitutional provision extensively commented failure testify trial judge also charged jury draw adverse inferences failure trial petitioners appeal considered state constitutional provision invalidated griffin california though admitting petitioners denied federal constitutional right california applying state constitution provision upheld convictions held jurisdiction formulate rule protect defendant federal right fifth fourteenth amendments free state penalties testifying criminal trial pp constitutional error held harmless must able declare belief harmless beyond reasonable doubt pp state case demonstrate beyond reasonable doubt prosecutor repetitive comments jury trial instruction concerning petitioners failure testify contribute convictions pp morris lavine argued cause filed briefs petitioners arlo smith chief assistant attorney general california argued cause respondent brief thomas lynch attorney general doris maier assistant attorney general raymond momboisse deputy attorney general justice black delivered opinion petitioners ruth elizabeth chapman thomas leroy teale convicted california state upon charge robbed kidnaped murdered bartender sentenced life imprisonment death time trial art state constitution provided criminal case whether defendant testifies failure explain deny testimony evidence facts case may commented upon counsel may considered jury petitioners case chose testify trial state attorney prosecuting took full advantage right state constitution comment upon failure testify filling argument jury beginning end numerous references silence inferences guilt resulting therefrom trial also charged jury draw adverse inferences petitioners failure testify shortly trial petitioners cases considered appeal california decided griffin california held california constitutional provision practice invalid ground put penalty exercise person right compelled witness guaranteed fifth amendment constitution made applicable california fourteenth amendment see malloy hogan appeal state cal admitting petitioners denied federal constitutional right comments silence nevertheless affirmed applying state constitution provision forbids reversal unless shall opinion error complained resulted miscarriage justice granted certiorari limited questions violation rule griffin california error held harmless error harmless case ii iii federal rule emphasizes substantial rights others california constitutional rule emphasizes miscarriage justice california courts neutralized extent emphasis perhaps overemphasis upon view evidence prefer approach deciding harmless error recent case fahy connecticut said question whether reasonable possibility evidence complained might contributed conviction although prior cases indicated constitutional rights basic fair trial infraction never treated harmless error statement fahy belies belief trial errors violate constitution automatically call reversal time however like federal statute emphasizes intention treat harmless constitutional errors affect substantial rights party error admitting plainly relevant evidence possibly influenced jury adversely litigant fahy conceived harmless certainly error constitutional error illegally admitting highly prejudicial evidence comments casts someone person prejudiced burden show harmless reason original rule put burden beneficiary error either prove injury suffer reversal erroneously obtained judgment little difference statement fahy connecticut whether reasonable possibility evidence complained might contributed conviction requiring beneficiary constitutional error prove beyond reasonable doubt error complained contribute verdict obtained therefore adhere meaning fahy case hold federal constitutional error held harmless must able declare belief harmless beyond reasonable doubt appellate courts ordinarily original task applying test familiar standard courts believe adoption provide workable standard although achieving result aimed fahy case iv comments went motives procurement handling guns purchased chapman funds lack thereof teale possession immediately prior killing amount intoxicating liquors consumed defendants spot club taverns circumstances shooting automobile removal victim body therefrom fired fatal shots defendants used false registration motel shortly killing meaning letter written chapman several days killing teale loaded weapon possession apprehended meaning statements made teale apprehension certain clothing articles personal property shipped defendants missouri clothing chapman wore time killing conflicting statements chapman whereabouts immediately preceding killing generally overall commission crime cal reversed remanded appendix opinion argument comments prosecutor failure defendants take witness stand ladies gentlemen know one weapons purchased first know particularly makes difference know testimony regard fact might add person persons give testimony regard course defendants question represents record question minds weapon ruth elizabeth chapman purchased reno nevada october know weapon ladies gentlemen know heard testimony stand person persons tell us original caliber vestpocket today one defendants indicate small struggle indicate body almost lifeless dragged left fashion cause shirt article clothing tear one ladies gentlemen know heard testimony stand individuals give information defendants either one thomas leroy teale ruth elizabeth chapman course know heard comment throughout entire opening argument reference fact neither one defendants seen fit go raise right hand take witness stand tell ladies gentlemen jury exactly occur explain facts details within knowledge know honor instructions draw adverse inference fact within knowledge testify subjected either one question mind reference defendant taking stand none anyone else required legal system constitution made testify far constitutional right defendants seen fit avail constitutional right say ladies gentlemen many things case try point least probably defendants position take stand testify oath give facts concerning seen fit avail opportunity whether teale money time habit concealing money different departments know ladies gentlemen know testimony witness stand person clear us ladies gentlemen defendant thomas leroy teale ladies gentlemen seen fit tell certainly know bogus checks written recall know may infer wish believe inference teale cleared money clear may draw adverse inference money fact time desperate need funds know kind discussion two defendants regard teale shooting dice ladies gentlemen reference weapons purchased reno nevada october heard ladies gentlemen testimony recall clearly going difficulty really reference evidence case believe comments say little later recall far evidence concerned truth anything evidence pistols purchased ruth elizabeth chapman buy two weapons well recall told one occasion pistol stolen vehicle automobile taking little trip across country remember testimony rely testimony actually hear ladies gentlemen stand told course rely told gentleman another one stolen needed one replace two ladies gentlemen need two going attacked going use one hand assume defend another area ladies gentlemen besides mentioned since testimony stand must surmise facts circumstances exact reason purchased one room tell guns purchased either one defendants certainly defendant ruth elizabeth chapman tell tell oath subject tell evidence chosen inference may draw therefrom adverse inference circumstances instructions know ladies gentlemen motive know means know opportunity also know scene ladies gentlemen man matter minutes shot head three times gun similar people exhibit think evidence clearly shows scientific evidence talk little later come raise right hand tell charged serious crimes ladies gentlemen come testify evidence consider case come told left spot club went way well course evidence clearly shows may draw adverse inference refusal come raise right hand incidentally course subject think unreasonable inference infer time defendants drinking beer earlier evening croce unreasonable infer continued drinking thing therefore two glasses remaining washed put defendants know inference testimony whatsoever drinking spot club neither one defendants seen way clear come tell drinking beer see whichever one defendants shot ladies gentlemen area know shot know shot testimony witness stand tell shot two persons courtroom tell one shot two defendants decided get raise right hand testify regard subject know one shot know time say testimony ladies gentlemen regard might say reference last use name rosenthal know ladies gentlemen name used know ladies gentlemen uzv originally know testimony witness stand know handwriting ruth elizabeth chapman question wrote evidence ladies gentlemen evidence wrote name five changed six either one defendants neither one even seen fit take stand testify regard evidence consider also ladies gentlemen subject taking oath subject see mountain view mountain view motel name teale testimony defendants ladies gentlemen ones case get tell used phony name two hours crime put correct license whatever inference draw permitted draw since choose tell adverse interest say ladies gentlemen adverse interest defendants shows consciousness guilt ladies gentlemen first thought better let know tom arrived today going south tomorrow mean well think without saying great deal one certainly infer readily mean especially one fact committed robbery kidnapped someone premises individual ended dead shot three times head ladies gentlemen thing say really tell told evidence witness stand letter meant well one ruth elizabeth chapman ladies gentlemen mean reasonably infer means say ladies gentlemen come testified gotten witness chair many witnesses case one assume interested ruth elizabeth chapman neither one took stand way way ladies gentlemen kind evidence actually admitted truth evidence way evidence wrote letter meant tom arriving today going south choose tell may infer course final analysis draw inferences feel appropriate proper fugitive justice knew fugitive justice never let face four agents fellows professional know one gun never opportunity use none us ever know testimony actual testimony stand weapon fully loaded teale never taken stand case testified things things within knowledge ladies gentlemen fact case relevancy importance within knowledge defendant chose take stand tell incidentally oath may draw adverse inference fact take think inference clear weapon never fully loaded remember never opportunity use weapon purchased ruth elizabeth chapman apprehended fleeing state fully loaded know original know two tell us recall also basham took back fingerprinting told wanted california one mentioned anything lodi said waive extradition also say said hard time proving teale mention lodi well know meant statement certainly draw conclusion sure draw triers facts judges facts ladies gentlemen teale take stand testify oath case teale desired take stand explain meant course draw whatever inferences may feel law clear may draw adverse defendant explain choose take stand explain draw adverse inference photographs seen ladies gentlemen recall doctor pointing picture deceased back head shot back head recall one shot side head right left general area glasses think reasonable inference ladies gentlemen testimony except seem clearly logical experts way body found shot shot position glasses relation body death scene testimony certainly none defendants case agent gilmore drawn made notations reference blood located blood found shoes know ladies gentlemen far evidence case concerned shoes belonged ruth elizabeth chapman possession apprehended joseph missouri say know may take consideration ladies gentlemen testimony witness stand relation articles clothing actually admitted evidence two box lids two heard questions concerning indicate sent howard smith castle avenue joseph missouri believe october says thomas teale del norte eureka california say essentially thing year think surely infer apparently ladies gentlemen lot talk suggestion whatever want call call smoke screen reference two lids came assume box underneath think question ever heard witness stand ladies gentlemen ever boxes heard declarations admitted evidence come someone else fashion gets testimony original party giving kind testimony ca consider thank honor counsel interjected every opportunity make comments sure adequately express time comes telling ladies gentlemen evidence two box tops suggested answer ahead time evidence clear sperling packed boxes recall sperling original scene taken maybe unusual infer may clothes getting clothing even know clothing shipped household articles even assume clothing unreasonable basically items found brought back us lodi know clothing shipped time cleared us though cleared easily ruth elizabeth chapman sitting right one defendants case one certainly anyone anyone room state knows boxes one take stand raise right hand tell take stand ladies gentlemen come told us exactly articles sent may draw inferences wish long reasonable anything clearly sure know repeat often anything case teale get get things said trial physical evidence testimony right get anything said opportunity say otherwise may draw adverse inference fact get tell ladies gentlemen defense fransen said beginning happened case prosecution described facts show entirely different version well heard facts ladies gentlemen show entirely different version went business dress held pointed one wearing frankly ladies gentlemen one room tell whether dress ruth elizabeth chapman know evidence one ever opportunity examine dress see whether dry cleaned whether purchased purchased labels anything else done thing wear blue knit dress ladies gentlemen similar one fact apparently wore suppose wearing hoped draw something heard testimony stand except looks like similar told doctor evidence case yet know repeatedly johnson every way get story know hopes forget although put make evidence case put ruth elizabeth chapman stand testify one way ladies gentlemen going taken indirectly ca directly way get thing without putting stand gave story night early hours san francisco pick date specifically beware date want beware well says given two different stories problems blackouts excessive drinking says tell ladies gentlemen anybody evidence contrary case honestly remember occurred know situation fugitive warrant arrested honesty remember first thing going say going sit trump excuses make story know lie specific dates times ladies gentlemen legal evidence anything contrary one come tell seen fit johnson believe everything said truth think instances indicate already indicated purpose guns two different ideas purchased legal purpose evidence although johnson say argued referred though evidence lips chapman ferguson told constitutional right wo go think handled clearly well others within right sees fit consider purposes circumstances ferguson indicated number times originally winkler examined believe october told forgotten first shot fired first shot fired since time happened amnesia disassociative state disassociative reaction ever way want look psychiatrically otherwise seems backed dillard road back spot club back highway south outside croce time get sheuerman even backed croce vague area interesting put put statement evidence sanctity worthiness evidence come lips stand witnesses oath repeat repeat emphasis oath subject eyes evaluate oh yes said said said said ruth elizabeth chapman stand sheuerman said said winkler said said johnson said said well interesting thing witnesses stand witnesses alive today perpetration offenses two defendants take stand gone many times know fine thing fine deed persons perpetrated offenses gave story put story somebody else somebody else speak interesting thing never benefit evaluating credibility johnson believe done monday morning quarterbacking submit know heard much lawyers referred mouthpieces actually rare thing really type appellation applicable lawyers really think seen demonstration saying rancor anything demonstration actually ruth elizabeth chapman speaking johnson mouthpiece maybe another reasonable one fact adcock blood three car type maybe heard heard reasonable explanation draw adverse inference billy dean adcock blood johnson said several things go evidence showed bought two guns teale evidence witness stand got said specifically oath one elizabeth chapman hearsay told somebody else sole purpose determining state mind time evidence evidence lips dennis mack reason bought gun different said otherwise johnson said evidence shows argument fresno say evidence next one two people argument way evidence testimony case either one got said argument chose draw adverse inference within knowledge explain whether draw inference type argument johnson claims evidence shows evidence show far motive concerned murder perpetration robbery motive set gain desires lusts forth gain crime gain perhaps another thing deciding know pulled trigger may never know defendants indicated except teale one vowell testimony teale said admissible consider ruth elizabeth chapman maybe circumstances pulled trigger might factor might important two people know tell way want proceed nonetheless consider considering happened person killed see weigh things decide motive might help deciding difficult task two people remaining scene best judgment choose get tell certainly consider fact light using reason indicated know somebody shot billy dean adcock know either one even defendants view verdict one know something perhaps might help deciding punishment mete whether punished equally case whether distinction two might helpful know pulled trigger ruth elizabeth chapman well deduce either intoxication emotional stress jealousy teale anger lot things motive destroy witness whereas respect teale seem logical thing conclude wanted get rid eyewitness differences see know know whether consort sic know far pulling trigger factor brought light consider factor two people might explained gone statement presented going decide things character sympathy law says may take consideration statement talking phase case like know persons get something character tell something background tell like hear serious difficult task fact chose rest upon whatever evidence case chief something consider deciding whether fair chance take taken stand excerpts prosecutor argument reproduced appendix opinion trial judge charged jury constitutional right defendant criminal trial may compelled testify thus whether testify rests entirely decision evidence facts defendant reasonably expected deny explain facts within knowledge testify though testify fails deny explain evidence jury may take failure consideration tending indicate truth evidence indicating among inferences may reasonably drawn therefrom unfavorable defendant probable cal art vi judgment shall set aside new trial granted case ground misdirection jury improper admission rejection evidence error matter pleading error matter procedure unless examination entire cause including evidence shall opinion error complained resulted miscarriage justice first ten amendments incorporated constitution independent tribunals justice consider peculiar manner guardians rights impenetrable bulwark every assumption power legislative executive naturally led resist every encroachment upon rights expressly stipulated constitution declaration rights annals cong provides hearing appeal writ certiorari case shall give judgment examination record without regard errors defects affect substantial rights parties fed rule crim proc provides error defect irregularity variance affect substantial rights shall disregarded see also fed rule civ proc california statutory rule like federal rule provides fter hearing appeal must give judgment without regard technical errors defects exceptions affect substantial rights parties cal pen code california case find miscarriage justice petitioner teale found substantial evidence proof guilt must deemed overwhelming cal see payne arkansas coerced confession gideon wainwright right counsel tumey ohio impartial judge see generally wigmore evidence ed cf woodby immigration service justice stewart concurring result devising rule violations federal constitutional rights dissent proceed question one first impression long line cases involving variety constitutional claims state federal prosecutions steadfastly rejected notion constitutional violations might disregarded ground harmless illustrations principle legion involuntary confessions introduced trial always reversed convictions regardless evidence guilt stated lynumn illinois argument error admitting confession harmless one impermissible doctrine conclusion accorded consistent recognition malinski new york payne arkansas spano new york haynes washington jackson denno even confession completely unnecessary conviction defendant entitled new trial free constitutional infirmity haynes washington supra defendant denied counsel trial refused consider claims constitutional error might right assistance counsel fundamental absolute allow courts indulge nice calculations amount prejudice arising denial glasser indeed whole point gideon wainwright overruling betts brady even trial counsel provided critical stage stop determine whether prejudice resulted hamilton alabama white maryland conviction must reversed trial judge remuneration based scheme giving financial interest result even particular prejudice shown even defendant clearly guilty tumey ohio try defendant community exposed publicity highly adverse defendant per se ground reversal conviction showing need made jurors fact prejudiced sheppard maxwell cf rideau louisiana see also estes texas warren concurring harlan concurring jury instructed unconstitutional presumption conviction must overturned though ample evidence apart presumption sustain verdict bollenbach reversal required conviction may rested constitutionally impermissible ground despite fact valid alternative ground conviction sustained stromberg california williams north carolina long line cases leading including whitus georgia never suggested reversal convictions purposeful discrimination selection grand petit jurors turns showing prejudice defendant sure constitutional rights fungible goods differing values represent protect may make rule appropriate one type constitutional error another foreclose possibility rule might appropriately applied constitutional violations indeed one source disagreement opinion implicit assumption rule apply indiscriminately constitutional violations see reason break settled precedent case promulgate novel rule harmless error applicable clear violations griffin california adoption rule whether one proposed dissent rule commits examination determine extent think unconstitutional comment defendant failure testify influenced outcome particular trial burdensome obligation one hardly qualified discharge rule automatic reversal seem best calculated prevent clear violations griffin california case one trial occurred griffin decision final appeal afterwards doctrine prospectivity announced tehan shott reach number cases strictly limited prosecutors unlikely indulge clear violations griffin future see reason sanction reversal result reasons believe inappropriate inquire whether violation griffin california occurred case harmless standard accordingly concur reversal judgment none decisions suggests rejection rule turns unique evidentiary impact confessions may haynes washington specifically contradicts notion addition confession found inadmissible defendant haynes given two prior confessions admissibility disputed substantial independent evidence guilt existed accepted prosecution contention inadmissible confession played little role conviction example quite different considerations involved evidence introduced obtained violation fourth fourteenth amendments exclusionary rule context balances desirability deterring objectionable police conduct undesirability excluding relevant reliable evidence resolution values interests judicial economy might well dictate rule violations cf fahy connecticut dissenting opinion earlier term ohio reversed conviction basis griffin california without pausing consider whether comment defendant silence might harmless error rule announces today rule justice harlan dissenting today holds harmlessness trial error state criminal prosecution error resulting allowance prosecutorial comment barred fourteenth amendment must determined necessary rule federal law imposes revised version standard utilized fahy connecticut state appellate courts constitution requires particular standard prefers understanding federal system view rationale function rules status fourteenth amendment lead different conclusion hold state appellate reasonable application constitutionally proper state rule sustain state conviction constitutes independent adequate state ground judgment believing situation dismiss writ viator stone regard assumption amounts general supervisory power trial federal constitutional issues state courts startling constitutional development wholly keeping federal system completely unsupported fourteenth amendment source power must found fourteenth amendment guarantees individuals invasions fundamental rights palko connecticut recent decisions specifics bill rights well see context case malloy hogan griffin california thus serves limitation actions lodges power state laws rules remedies always laws rules remedies created congress power classically described chief justice marshall marbury madison cranch law opposition constitution law constitution apply particular case must either decide case conformably law disregarding constitution conformably constitution disregarding law must determine conflicting rules governs case even assuming power fashion remedies procedures binding state courts protection particular constitutional rights agree general rule falls category rules utilized federal judicial system product judicial reform early century previously american appellate courts concerned harshness criminal penalties followed rule imposed english courts efforts baron parke held error substance required reversal conviction see orfield criminal appeals america reform movement led authorities like roscoe pound learned hand resulted allowing courts discontinue using reversal necessary remedy particular errors substitute judgment automatic application rules barron federal practice procedure summarized need development leading case kotteakos federal harmless error provision similar state legislation grew widespread deep conviction general course appellate review american criminal causes shortly one trial judge put become law courts review tower trials criminal cases impregnable citadels technicality riminal trial became game sowing reversible error record indicated opinion validity challenged state rule federal constitutional question rules may says work unfair mischievous results concern expressed possibility state decisions may result dilution new constitutional doctrines state hostility however record barren showing california courts vanguard development individual safeguards criminal trials using rule destroy dilute constitutional guarantees contrary case rule shown resulted course convictions significantly influenced constitutionally impermissible factors think clear constitutional due process countenance continued application rule individual applications permissible rule still subject scrutiny tenability independent adequate state ground see thompson louisville terre haute indianapolis railroad indiana ex rel ketcham note untenable nonfederal ground harv rev thus see need new constitutional doctrine decision case turn instead answers two questions california provision consistent guarantee fundamental fairness embodied due process clause fourteenth amendment see palko connecticut supra application instance california reasonable one rule applied arbitrarily evade underlying constitutional mandate fundamental fairness issues considered ii people watson cal california undertook general discussion application state rule declared final test opinion reviewing sense belief conviction effect error ordinarily result appears appears result reached error committed reversal ordered reversal required reasonably probable result favorable appealing party reached judgment must necessarily based upon reasonable probabilities rather upon mere possibilities otherwise entire purpose constitutional provision defeated cal formulation may sound somewhat different announced today closer analysis distinction probability possibility becomes essentially esoteric fact california courts times equated california standard standard utilized fahy connecticut supra see people jacobson cal similarly members used variety verbal formulae deciding questions harmless error federal cases ranging today reasonable doubt standard ability say fair assurance jury substantially swayed fiswick circuit courts equally varied expressions see brown feinberg mcmaster background california rule hardly said keeping fundamental fairness see reason striking face violation guarantee due process iii petitioners tried murder night club bartender course robbery club state established petitioners last customers remaining club night murder three people descriptions matching chapman teale victim seen leaving club together club ransacked condition indicated victim forced later shot close range weapon left beside country road shown chapman purchased similar weapon five days murder weapon teale possession arrested blood matching type victim found floormat vehicle chapman teale traveling scientific testimony established victim petitioners car blood untypable found chapman clothes blood matching victim found shoes similar evidence connected teale murder arrest teale made admissions amounting almost full confession fellow prisoner introduced jury cautioned disregard chapman petitioners pleaded guilty offered defense merits defense witness sheuerman called chapman effort establish defense lack capacity form requisite intent disassociative reaction prosecutor comment petitioners failure explain away challenge evidence presented admittedly extensive california found harmless error number reasons first noted convincing unchallenged evidence presented state next observed jurors certain take notice petitioners silence whether comment since evidence cried explanation think point crucial since seems confused impact petitioners silence jury impact prosecution comment upon silence added impact comment seem marginal case type jury must inevitably look petitioners explanation innuendo real evidence teale case damaging admissions finally california noted chapman evidence less strong keyed defense evidence mental defect subject upon comment touched discriminating analysis concluded another result reasonably probable absent erroneous comments see resolution thought reasonable therefore constitutional application california rule iv one believes among constitutional values contribute preservation free society none ranks higher principles federalism responsibility keeping principles intact less responsibility maintaining particular constitutional rights doctrine announced today disturbing one cuts sharply finality state criminal processes bids fair place unnecessary substantial burden work federal courts opens door excursions federal judiciary state judicial domains venture hope time goes new doctrine even present manifestation found strictly contained still pushed logical extremes respectfully dissent intimate view congressional power respect state courts regard cases lower federal courts acting authority fourteenth amendment expanded decision reynolds sims promulgated reapportionment plans may superficially thought support power reynolds state election board supp cases quite apart present one arise situation positive constitutional action necessity thus require exercise special equity powers ordinary remedy striking unconstitutional rules applications sufficient deal problem may arise necessity state rule indeed recognizes brother stewart concurring opinion errors constitutional dimension harmless proposition supported ample precedent see snyder massachusetts motes haines donnelly presumably errors federal courts continue evaluated single standard interpreted today certainly nothing substantive provisions bill rights suggests standard assessing impact violation see people cahan cal people dorado cal clear enough rationale employing leave california free apply rule errors state law must thus consider rule consistent constitutional due process leaves anomalous situation impact particular piece evidence assessed different constitutional standard depending whether state law federal constitutional law barred admittance fahy connecticut deemed dispositive matter entirely passed opinion case special limitations harmless error always respected seem essential fundamental fairness guaranteed due process clauses fifth fourteenth amendments limitations stem perceive two distinct considerations first recognition particular types error effect devastating inherently indeterminate matter law reasonably found harmless payne arkansas confessions see fahy connecticut supra dissenting opinion harlan cf bollenbach independently sufficient evidence second recognition certain types official misbehavior require reversal simply society tolerate giving final effect judgment tainted intentional misconduct berger prosecutorial misconduct although never viewed light see violations gideon wainwright falling first category violations tumey ohio falling second however understand brother stewart opinion concurring result read limitations content due process clause limit application rules respect constitutional errors undefined category instances think preferable resolve special problems analysis nature error involved rather attempt discover limitations policy underlying substantive constitutional provisions latter course seems blur analysis lead distinction fiat among equally specific constitutional guarantees rule upheld ninth circuit sampsell california attack constitutionality decision griffin california announced trial case hence trial conducted according time constitutional california law implication prosecutorial misconduct drawn circumstances