Obstacles — continued from Previous Page
examination of the entire cause, includ- ing the evidence,’ is of the ‘opinion’ that it is reasonably probable that a result more favorable to the appealing party
would have been reached in the absence of the error.’” (Seaman’s Direct Buying Service, Inc. v. Standard Oil Co. (1984) 36 Cal.3d 752, 770, overruled on other
grounds in Freeman & Mills, Inc. v. Belcher Oil Co. (1995) 11 Cal.4th 85.) • “Reversible error per se” “Reversible error per se” occurs when
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the error is inherently prejudicial, and thus, the appellant is not required to demonstrate prejudice. These errors fre- quently involve constitutional issues, such as where a party is deprived of the right to a fair hearing or a jury trial. “A structural error requires reversal without regard to the strength of the evidence or other cir- cumstances.” (In re Enrique G. (2006) 140 Cal.App.4th 676, 685.) If such errors are committed, the appellant is almost guar- anteed a reversal because the impaired right is so fundamental that prejudice is presumed. It may occur where the court denies the parties the right to a jury trial (Martin v. County of Los Angeles (1996) 51 Cal.App.4th 688, 697-698), the denial of a party’s right to testify or present evidence (Kelly v. New West Fed. Sav. (1996) 49 Cal.App.4th 659, 677), the denial of the right to cross-examine witnesses (Fremont Indem. Co. v. Workers’ Comp. Appeals Bd. (1984) 153 Cal.App.3d 965, 971), and the trial court’s failure to render a statement of decision after a timely request. (Marriage of Ananeh-Firempong (1990) 219 Cal.App.3d 272, 282-284.) • Invited error The doctrine of “invited error” acts
as an estoppel against an appellant, who cannot complain about an error that he or she “invited” due to conduct that induces or invites error by the trial court. “‘Where a party by his conduct induces the commission of error, he is estopped from asserting it as a ground for reversal’ on appeal. . . . At bottom, the doctrine rests on the purpose of the principle, which prevents a party from misleading the trial court and then profiting there- from in the appellate court.” (Norgart v. Upjohn Co. (1999) 21 Cal.4th 383, 403.) • Choices and strategy of the trial attorney While strategic choices may result in
errors or misjudgments in how the attor- ney tried the case, typically they do not result in an appealable issue. I may advise a client that the error they seek to raise is really their attorney’s strategic choice, an error which the appellate court will not
72— The Advocate Magazine JULY 2011
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