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Univ. of San Diego School of Law

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Monday, June 11, 2007

SCOTUS Decides Fry v. Pliler

Supreme_court_20_2 The U.S. Supreme Court June 11 decided Fry v. Pliler, No. 06-5247.

The court prescribed a standard of harmless-error review for federal courts to use in habeas corpus proceedings under 28 U.S.C. ยง2254 to evaluate the prejudicial effect of constitutional errors in state trials. A federal court is to apply the "substantial and injurious effect" standard of Brecht v. Abramson on habeas review, regardless of whether the state court  recognized the error and reviewed it under Chapman v. California 's "harmless beyond a reasonable doubt" standard, the court held. [Mark Godsey]

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