Kotteakos v. United States

Kotteakos v. United States
Decided June 10, 1946
Full case nameKotteakos v. United States
Citations328 U.S. 750 (more)
Holding
For a non-constitutional error that affected a defendant's substantial rights, a reviewing court must reverse the judgment unless there is a "fair assurance" that the error did not affect the outcome.
Court membership
Chief Justice
vacant
Associate Justices
Hugo Black · Stanley F. Reed
Felix Frankfurter · William O. Douglas
Frank Murphy · Robert H. Jackson
Wiley B. Rutledge · Harold H. Burton
Case opinions
MajorityRutledge
ConcurrenceBlack
Jackson took no part in the consideration or decision of the case.

Kotteakos v. United States, 328 U.S. 750 (1946), was a United States Supreme Court case in which the court held that for a non-constitutional error that affected a defendant's substantial rights, a reviewing court must reverse the judgment unless there is a "fair assurance" that the error did not affect the outcome. This case articulated the Kotteakos standard: an error is harmless unless it "had a substantial and injurious effect or influence in determining the jury's verdict."