sullivan louisiana argued march decided june jury instructions petitioner sullivan state trial murder included definition reasonable doubt essentially identical one held unconstitutional cage louisiana per curiam jury entered verdict guilty sullivan sentenced death upholding conviction direct appeal louisiana held erroneous instruction harmless beyond reasonable doubt held constitutionally deficient reasonable doubt instruction harmless error pp sullivan sixth amendment right jury trial denied giving constitutionally deficient beyond reasonable doubt instruction fifth amendment requirement proof beyond reasonable doubt see winship sixth amendment requirement jury rather judge reach requisite finding guilty interrelated required jury verdict verdict guilt beyond reasonable doubt opinion cage held instruction sort given produce verdict controlling pp giving constitutionally deficient reasonable doubt instruction among constitutional errors require reversal conviction rather amenable harmless error analysis see chapman california consistent jury trial guarantee chapman instructs reviewing consider actual effect error guilty verdict case hand since petitioner case jury verdict within meaning sixth amendment premise harmless error analysis absent unlike erroneous presumption regarding element offense see sandstrom montana deficient reasonable doubt instruction vitiates jury factual findings reviewing case engage pure speculation view reasonable jury done wrong entity judges defendant guilty moreover denial right jury verdict guilt beyond reasonable doubt consequences necessarily unquantifiable indeterminate certainly structural defec constitution trial mechanism def ies analysis harmless error standards arizona fulminante opinion rehnquist pp scalia delivered opinion unanimous rehnquist filed concurring opinion post john wilson reed appointment argued cause petitioner briefs william keppel michael wahoske christopher riley karen fairbairn jack peebles argued cause respondent brief harry connick barry simon filed brief national association criminal defense lawyers amicus curiae urging reversal justice scalia delivered opinion unanimous question presented whether constitutionally deficient reasonable doubt instruction may harmless error petitioner charged murder course committing armed robbery new orleans bar alleged accomplice crime convicted felon named michael hillhouse testifying trial pursuant grant immunity identified petitioner murderer although several people bar time robbery one testified trial witness unable identify either hillhouse petitioner physical lineup testified committed robbery saw petitioner hold gun victim head circumstantial evidence supporting conclusion petitioner triggerman la closing argument defense counsel argued reasonable doubt identity murderer intent instructions jury trial judge gave definition reasonable doubt state conceded essentially identical one held unconstitutional cage louisiana per curiam see jury found petitioner guilty murder subsequently recommended sentenced death trial agreed direct appeal louisiana held consistent opinion remand decision cage state cage cert denied erroneous instruction harmless beyond reasonable doubt therefore upheld conviction though remanding new sentencing hearing ineffectiveness counsel sentencing phase granted certiorari ii sixth amendment provides criminal prosecutions accused shall enjoy right speedy public trial impartial jury duncan louisiana found right trial jury serious criminal cases fundamental american scheme justice therefore applicable state proceedings right includes course important element right jury rather judge reach requisite finding guilty see sparf thus although judge may direct verdict defendant evidence legally insufficient establish guilt may direct verdict state matter overwhelming evidence ibid see also martin linen supply carpenters factfinder must determine return verdict guilty prescribed due process clause prosecution bears burden proving elements offense charged see patterson new york leland oregon must persuade factfinder beyond reasonable doubt facts necessary establish elements see winship cool per curiam requirement adhered virtually common law jurisdictions applies state well federal proceedings winship supra think fifth amendment requirement proof beyond reasonable doubt sixth amendment requirement jury verdict interrelated satisfy sixth amendment jury determine defendant probably guilty leave judge determine winship requires whether guilty beyond reasonable doubt words jury verdict required sixth amendment jury verdict guilty beyond reasonable doubt per curiam opinion cage accept controlling held instruction sort given produce verdict petitioner sixth amendment right jury trial therefore denied iii chapman california rejected view federal constitutional errors course criminal trial require reversal held fifth amendment violation prosecutorial comment upon defendant failure testify require reversal conviction state show beyond reasonable doubt error complained contribute verdict obtained chapman standard recognizes certain constitutional errors less errors may harmless terms effect factfinding process trial delaware van arsdall although constitutional errors held amenable harmless error analysis see arizona fulminante opinion rehnquist collecting examples always invalidate conviction citing inter alia gideon wainwright total deprivation right counsel tumey ohio trial biased judge mckaskle wiggins right question present case category present error belongs chapman suggests answer consistent jury trial guarantee question instructs reviewing consider effect constitutional error might generally expected upon reasonable jury rather effect upon guilty verdict case hand see chapman supra analyzing effect error verdict obtained harmless error review looks said basis jury actually rested verdict yates evatt emphasis added inquiry words whether trial occurred without error guilty verdict surely rendered whether guilty verdict actually rendered trial surely unattributable error must hypothesize guilty verdict never fact rendered matter inescapable findings support verdict might violate guarantee see rose clark blackmun dissenting pope illinois stevens dissenting proper role appellate engaged chapman inquiry understood illogic harmless error review present case becomes evident since reasons described jury verdict within meaning sixth amendment entire premise chapman review simply absent jury verdict guilty beyond reasonable doubt question whether verdict guilty beyond reasonable doubt rendered absent constitutional error utterly meaningless object speak upon harmless error scrutiny operate appellate conclude jury surely found petitioner guilty beyond reasonable doubt jury actual finding guilty beyond reasonable doubt surely different absent constitutional error enough see yates supra scalia concurring part concurring judgment sixth amendment requires appellate speculation hypothetical jury action else directed verdicts state sustainable appeal requires actual jury finding guilty see bollenbach insofar possibility harmless error review concerned jury instruction error case quite different jury instruction error erecting presumption regarding element offense mandatory presumption example presumption person intends ordinary consequences voluntary acts violates fourteenth amendment may relieve state burden proving elements offense sandstrom montana francis franklin hen jury instructed presume malice predicate facts still must find existence facts beyond reasonable doubt rose clark supra latter facts closely related ultimate fact presumed rational jury find facts without also finding ultimate fact making findings functionally equivalent finding element required presumed carella california scalia concurring judgment see also pope supra scalia concurring reviewing may thus able conclude presumption played significant role finding guilt beyond reasonable doubt yates supra essential connection beyond reasonable doubt factual finding made instructional error consists misdescription burden proof vitiates jury findings reviewing engage pure speculation view reasonable jury done wrong entity judge defendant guilty rose supra another mode analysis leads conclusion harmless error analysis apply fulminante distinguished one hand structural defects constitution trial mechanism defy analysis harmless error standards hand trial errors occur presentation case jury may therefore quantitatively assessed context evidence presented denial right jury verdict guilt beyond reasonable doubt certainly error former sort jury guarantee basic protectio whose precise effects unmeasurable without criminal trial reliably serve function rose supra right trial jury reflects said profound judgment way law enforced justice administered duncan louisiana deprivation right consequences necessarily unquantifiable indeterminate unquestionably qualifies structural error judgment louisiana reversed case remanded proceedings inconsistent opinion ordered state argued cage standard review jury instructions looked whether jury applied instructions manner inconsistent constitution contradicted boyde california disapproved estelle mcguire view question presented state failure raise issue consider whether instruction given survive review boyde standard see granfinanciera nordberg washington confederated bands tribes yakima nation chief justice rehnquist concurring arizona fulminante divided class constitutional violations may occur course criminal proceeding trial sentencing two categories one consisting trial error may quantitatively assessed context evidence presented opinion rehnquist amenable harmless error analysis consisting structural defects affec framework within trial proceeds require automatic reversal strong presumption error fall first categories rose clark thus rare case constitutional violation subject harmless error analysis see fulminante supra listing examples structural errors holds today reasonable doubt instruction given sullivan trial conceded violates due process decision cage louisiana per curiam amounts structural error thus harmless regardless overwhelming evidence sullivan guilt see ante grounds conclusion determination harmless error analysis conducted respect error sort consistent sixth amendment right jury trial course long since rejected argument general matter sixth amendment prohibits application harmless error analysis determining whether constitutional error prejudicial impact outcome case see rose supra concludes situation hand fundamentally different though case constitutionally deficient reasonable doubt instruction entire premise chapman harmless error review simply absent ante jury views evidence lens defective reasonable doubt instruction reasons factual findings made jury beyond reasonable doubt appellate ground harmless error analysis see ante thus distinguishes cases found jury instructions create unconstitutional presumption regarding element offense subject harmless error review rose clark supra example held harmless error analysis may applied reviewing instructions violate principles sandstrom montana francis franklin malice instruction rose shifted burden proof issue intent violation due process decision sandstrom jury instructed presume malice certain predicate facts required find facts beyond reasonable doubt held sandstrom error amenable harmless error analysis see also connecticut johnson powell dissenting many similarities instructional error rose one case first place neither error restricted defendants opportunity put evidence make argument support claim innocence moreover nlike structural errors judicial bias denial counsel error affect composition record finally neither error removed element offense jury consideration prevented jury considering certain evidence regard trial deficient reasonable doubt instruction given seems quite different one reasonable doubt instruction given thus many respects cage violation committed sullivan trial bears hallmark error amenable harmless error analysis one may question whether even case sandstrom error ability conduct harmless error review dependent existence beyond reasonable doubt jury findings typical case course jury make explicit factual findings rather simply renders general verdict question guilt innocence thus although may possible conclude jury verdict found predicate fact facts reviewing usually left recrecord developed trial determine whether possible say beyond reasonable doubt error contribute jury verdict moreover time appellate conducts harmless error review necessarily engages speculation jury decisionmaking process end judge know certain factors led jury verdict cf pope illinois yet harmless error review become integral component criminal justice system see delaware van arsdall chapman california despite lingering doubts accept conclusion constitutionally deficient reasonable doubt instruction breed apart many instructional errors held amenable harmless error analysis see carella california per curiam instruction containing erroneous conclusive presumption pope illinois supra instruction misstating element offense rose clark supra instruction containing erroneous presumption constitutionally deficient reasonable doubt instruction always result absence beyond reasonable doubt jury findings case agree harmless error analysis applied case defective reasonable doubt instruction consistent sixth amendment jury trial guarantee join opinion