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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."
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