State v. Banaay

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding Thurber violation harmless error where record otherwise provides plausible basis for Board’s conclusion
• applying “harmless error” to BVA’s failure “to provide appellant with notice and opportunity to respond to the medical treatises superfluously cited in its decision”
• finding alleged error not harmless \where appellant has presented a plausible argument that he had been prejudiced\
• finding alleged error not harmless “where appellant has presented a plausible argument that he had been prejudiced”
• vacating Board decision based on holding that Board failure to notify of intention to rely on medical treatise was not harmless “where appellant has presented a plausible argument that he had been prejudiced by the Board’s error”
• the BVA’s failure to provide notice of their intent to rely on a medical treatise which does not prejudice the case, cannot be considered harmless error

Source: CourtListener parenthetical corpus (CC0).