Structural Error

Structural error is that type of error that "affects the framework within which the trial proceeds, rather than simply an error in the trial process itself.  Such error is typically of constitutional dimensions, precedes the trial, and undermines the fairness of the entire trial proceeding.  Structural error is presumptively prejudicial and not subject to harmless error review.  State v. Van Kirk, 2001 MT 184, ¶¶ 38-39, 306 Mont. 215, 32 P.3d 735.