Tuesday, June 12, 2007

CRIMINAL LAW & PROCEDURE, EVIDENCE, HABEAS CORPUS

Fry v. Pliler, No. 06-5247
In 28 U.S.C. section 2254 proceedings, a federal court must assess the prejudicial impact of constitutional error in a state-court criminal trial under Brecht's "substantial and injurious effect" standard, whether or not the state appellate court recognized the error and reviewed it for harmlessness under the "harmless beyond a reasonable doubt" standard set forth in Chapman v. California, 386 U.S. 18, 24

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