context: The factors considered by the Giovannetti court in determining whether an appellate court should undertake a harmless error analysis in situations where the government fails to raise it are: (1) the length and complexity of the record, (2) the certainty of the harmlessness finding, and (3) whether a reversal will result in protracted, costly and futile proceedings in district court. The panel's opinion, however, cautioned that when an appellate court conducts a review of the record on its own initiative, it should err on the side of the criminal defendant.
citation_a.signal: no signal
citation_a.identifier: 949 F.2d 532, 543
citation_a.parenthetical: raising harmless error analysis sua sponte where harmfulness of error was obvious
citation_a.sentence: Id. at 1348. See also United States v. Rodriguez Cortes, 949 F.2d 532, 543 (1st Cir.1991) (raising harmless error analysis sua sponte where harmfulness of error was obvious); United States v. Jewel, 947 F.2d 224, 228-29 n. 5 (7th Cir.1991) (court addresses unbriefed harmless error claim based on the “certainty of harmlessness”); United States v. Benson, 941 F.2d 598, 605 (7th Cir.1991); cf. United States v. Vontsteen, 950 F.2d 1086, 1091-92 (5th Cir.1992) (appellate courts ordinarily have the discretion to address legal questions that are not timely raised).
citation_b.signal: cf.
citation_b.identifier: 950 F.2d 1086, 1091-92
citation_b.parenthetical: appellate courts ordinarily have the discretion to address legal questions that are not timely raised
citation_b.sentence: Id. at 1348. See also United States v. Rodriguez Cortes, 949 F.2d 532, 543 (1st Cir.1991) (raising harmless error analysis sua sponte where harmfulness of error was obvious); United States v. Jewel, 947 F.2d 224, 228-29 n. 5 (7th Cir.1991) (court addresses unbriefed harmless error claim based on the “certainty of harmlessness”); United States v. Benson, 941 F.2d 598, 605 (7th Cir.1991); cf. United States v. Vontsteen, 950 F.2d 1086, 1091-92 (5th Cir.1992) (appellate courts ordinarily have the discretion to address legal questions that are not timely raised).