The People, and v. Arturo Jesus Hernandez, and — Moreno, J., Concurring in Part and Dissenting in Part

Summary

Moreno, J., concurred in the judgment that the trial court’s use of an armed, uniformed deputy to escort and stand behind the defendant while he testified was harmless error. He disagreed with applying the more lenient reasonable-probability standard and would instead require harmlessness beyond a reasonable doubt because the security arrangement was inherently prejudicial and violated due process absent a case-specific justification.