Cited by

(erroneous admission of cumulative evidence is harmless error).

Testimony that “parrots” statutory language crosses the line between a permissible opinion that “embraces” an issue of ultimate fact and an improper opinion on guilt.2 Id.; (“[G]enerally a 2 This language in Fuenning is dicta.

(“The weighing and balancing under Rule 403 is within the discretion of the trial court and will not be disturbed on appeal unless clearly abused.”).

(finding that the admission of cumulative evidence constitutes harmless error).

Evidence that “supports a fact otherwise established by existing evidence” is cumulative, ¶ 27 (App. 2022) (citations omitted), and the erroneous admission of cumulative evidence is harmless

(“[E]rroneous admission of evidence which was entirely cumulative constitute[s] harmless error.”); –77, ¶ 27 (App. 2013) (Alleged errors were harmless because the witnesses were subject to cross-examination and any error did not affect the verdicts.).

(admission of cumulative evidence constitutes harmless error).

(“The weighing and balancing under Rule 403 is within the discretion of the trial court and will not be disturbed on appeal unless it has been clearly abused.”).

¶28 As a general matter, we defer to a trial court’s balancing determination under Rule 403, and we review such decisions for abuse of discretion, (“weighing and balancing under Rule 403 is within the discretion of the trial court”).

(the “erroneous admission of evidence which was entirely cumulative constitute[s] harmless error.”); (error is harmless if, beyond a reasonable doubt, the error did not affect or contribute to the verdict).

See United States v. Carr, 761 F.3d 1068, 1074 (9th Cir. 2014) (“[E]ven if the pretrial identification procedure was suggestive and the identification was unreliable, this court must examine the district court’s failure to exclude the identification for harmless error.”); (erroneous admission of cumulative evidence is harmless error).

(“We have held that erroneous admission of evidence which was entirely cumulative constituted harmless error.”).

(erroneous admission of evidence which is entirely cumulative constitutes harmless error); ¶ 100 (2019) (“And even if the court abused its discretion in admitting the recording, it was not unduly prejudicial because .

(the erroneous admission of evidence that is ”entirely cumulative constitute[s] harmless error”).

¶27 A trial court’s erroneous admission of evidence, including hearsay, can be harmless under some circumstances, including when it is “entirely cumulative,” or when there is “overwhelming” properly admitted evidence of a defendant’s guilt, (erroneous admission of photographs and videotape harmless when other evidence of guilt “overwhelming”); (listing variety

The improper admission of evidence is harmless when the evidence is “entirely cumulative.” ¶ 17 (App. 2016) (“Cumulative evidence supports a fact ‘otherwise established by existing evidence’ .

(explaining that weighing and balancing the Rule 403 factors falls within the trial court’s discretion and “will not be disturbed on appeal unless it has been clearly abused”).

See State 5 (“The test for determining harmless error is ‘whether there was reasonable probability .

(explaining the erroneous admission of evidence is harmless when the improperly admitted evidence is “entirely cumulative”) ().