Sonia Sotomayor

“ After a jury convicted Richard Gamache of first-degree murder and sentenced him to death, Gamache's counsel and the trial court learned that during deliberations, court personnel inadvertently gave the jury a videotape that had not been admitted into evidence. During its deliberations, the jury watched the video twice in full and a third time in part before reaching its verdict. ”

“ Dominguez Benitez, 542 U.S. 74, 81, n. 7 (2004) ("When the Government has the burden of addressing prejudice, as in excusing preserved error as harmless on direct review of the criminal conviction, it is not enough to negate an effect on the outcome of the case" (citing Chapman, 386 U.S., at 24) ) ”

“ California, 386 U.S. 18, 24 (1967) , the prosecution must carry the burden of showing that a constitutional trial error is harmless beyond a reasonable doubt. See also Deck v. Missouri, 544 U.S. 622, 635 (2005) (" [W] here a court, without adequate justification, orders the defendant to wear shackles that will be seen by the jury... [t] he State must prove 'beyond a reasonable doubt that the [shackling] error complained of did not contribute to the verdict obtained'" (quoting Chapman, 386 U.S., at 24) ) ”