brecht
abrahamson
argued
december
decided
april
murder
trial
wisconsin
state
petitioner
brecht
admitted
shooting
victim
claimed
accident
order
impeach
testimony
state
inter
alia
made
several
references
fact
given
miranda
warnings
arraignment
brecht
failed
tell
anyone
came
contact
shooting
accidental
state
also
made
several
references
silence
regard
jury
returned
guilty
verdict
brecht
sentenced
life
prison
state
appeals
set
conviction
aside
grounds
state
references
silence
violated
due
process
doyle
ohio
error
sufficiently
prejudicial
require
reversal
state
reinstated
conviction
holding
error
harmless
beyond
reasonable
doubt
standard
set
forth
chapman
california
federal
district
disagreed
set
aside
conviction
habeas
review
reversing
appeals
held
proper
standard
harmless
error
review
set
forth
kotteakos
whether
doyle
violation
substantial
injurious
effect
influence
determining
jury
verdict
applying
standard
concluded
brecht
entitled
relief
held
kotteakos
harmless
error
standard
rather
chapman
standard
applies
determining
whether
habeas
relief
must
granted
unconstitutional
trial
error
doyle
error
issue
pp
state
references
brecht
silence
violated
doyle
doyle
rule
rests
miranda
warnings
implicit
assurance
suspect
silence
used
fundamental
unfairness
using
postwarning
silence
impeach
explanation
subsequently
offered
trial
conceivable
brecht
given
warnings
decided
stand
right
remain
silent
believed
silence
used
trial
prosecution
references
silence
however
entirely
proper
silence
probative
rest
implied
assurance
law
enforcement
authorities
carry
penalty
pp
doyle
error
fits
squarely
category
constitutional
violations
characterized
trial
error
see
arizona
fulminante
error
occurs
presentation
case
jury
amenable
harmless
error
analysis
may
quantitatively
assessed
context
evidence
determine
effect
trial
see
consistently
applied
chapman
standard
reviewing
claims
constitutional
error
trial
type
direct
review
state
federal
criminal
proceedings
pp
determine
harmless
error
standard
applies
collateral
review
brecht
doyle
claim
although
applied
chapman
standard
handful
federal
habeas
cases
stare
decisis
preclude
adoption
kotteakos
standard
since
decisions
question
never
squarely
addressed
merely
assumed
chapman
applicability
collateral
review
congress
provided
express
guidance
question
federal
habeas
statute
silent
applicable
standard
federal
harmless
error
statute
appears
echo
kotteakos
standard
limited
application
claims
nonconstitutional
error
federal
criminal
cases
line
traditional
rule
finds
reason
draw
inferences
congress
failure
enact
proposals
provided
less
stringent
harmless
error
standard
collateral
review
constitutional
error
pp
kotteakos
standard
better
tailored
nature
purpose
collateral
review
chapman
standard
likely
promote
considerations
underlying
recent
habeas
jurisprudence
recognition
historical
distinction
direct
review
principal
way
challenge
conviction
collateral
review
extraordinary
remedy
whose
role
secondary
limited
often
applied
different
standards
habeas
direct
review
scarcely
seems
logical
require
federal
habeas
courts
engage
approach
chapman
requires
state
courts
direct
review
since
latter
courts
fully
qualified
identify
constitutional
error
often
better
situated
evaluate
prejudicial
effect
trial
process
absent
affirmative
evidence
state
judges
ignoring
oath
brecht
argument
unpersuasive
courts
respond
application
kotteakos
federal
habeas
violating
article
vi
duty
uphold
constitution
event
additional
deterrent
effect
applying
chapman
federal
habeas
outweighed
costs
application
undermines
interest
finality
infringes
upon
sovereignty
criminal
matters
odds
habeas
purpose
affording
relief
grievously
wronged
imposes
significant
social
costs
including
expenditure
additional
time
resources
parties
erosion
memory
dispersion
witnesses
frustration
society
interest
prompt
administration
justice
results
retrials
take
place
much
later
following
reversal
direct
appeal
imbalance
costs
benefits
counsels
favor
application
less
onerous
kotteakos
standard
collateral
review
claimants
entitled
relief
trial
error
establish
actual
prejudice
resulted
see
lane
kotteakos
standard
grounded
federal
harmless
error
rule
federal
courts
may
turn
existing
body
case
law
thus
unlikely
confused
applying
pp
clear
doyle
error
brecht
trial
substantially
influence
jury
verdict
within
meaning
kotteakos
since
record
considered
whole
demonstrates
state
references
brecht
silence
infrequent
effect
merely
cumulative
extensive
permissible
references
silence
evidence
guilt
overwhelming
certainly
weighty
circumstantial
evidence
also
pointed
guilt
thus
brecht
entitled
habeas
relief
pp
rehnquist
delivered
opinion
stevens
scalia
kennedy
thomas
joined
stevens
filed
concurring
opinion
post
white
filed
dissenting
opinion
blackmun
joined
souter
joined
except
part
iii
post
blackmun
post
post
souter
post
filed
dissenting
opinions
allen
shoenberger
appointment
argued
cause
filed
briefs
petitioner
sally
wellman
assistant
attorney
general
wisconsin
argued
cause
respondent
brief
james
doyle
attorney
general
attorney
general
barr
argued
cause
amicus
curiae
urging
affirmance
brief
solicitor
general
starr
assistant
attorney
general
mueller
deputy
solicitor
general
roberts
ronald
mann
vicki
marani
steven
shapiro
john
powell
leon
friedman
larry
yackle
filed
brief
american
civil
liberties
union
et
amici
curiae
urging
reversal
briefs
amici
curiae
urging
affirmance
filed
state
california
et
al
daniel
lungren
attorney
general
california
george
williamson
chief
assistant
attorney
general
dane
gillette
deputy
attorney
general
mark
krotoski
special
assistant
attorney
general
james
evans
attorney
general
alabama
charles
cole
attorney
general
alaska
winston
bryant
attorney
general
arkansas
gale
norton
attorney
general
colorado
richard
palmer
chief
state
attorney
connecticut
larry
echohawk
attorney
general
idaho
linley
pearson
attorney
general
indiana
robert
stephan
attorney
general
kansas
chris
gorman
attorney
general
kentucky
richard
ieyoub
attorney
general
louisiana
frank
kelley
attorney
general
michigan
michael
moore
attorney
general
mississippi
william
webster
attorney
general
missouri
marc
racicot
attorney
general
montana
stenberg
attorney
general
nebraska
frankie
sue
del
papa
attorney
general
nevada
robert
del
tufo
attorney
general
new
jersey
lee
fisher
attorney
general
ohio
ernest
preate
attorney
general
pennsylvania
travis
medlock
attorney
general
south
carolina
mark
barnett
attorney
general
south
dakota
dan
morales
attorney
general
texas
paul
van
dam
attorney
general
utah
jeffrey
amestoy
attorney
general
vermont
kenneth
eikenberry
attorney
general
washington
mario
palumbo
attorney
general
west
virginia
joseph
meyer
attorney
general
wyoming
county
wayne
michigan
john
timothy
baughman
criminal
justice
legal
foundation
kent
scheidegger
charles
hobson
chief
justice
rehnquist
delivered
opinion
chapman
california
held
standard
determining
whether
conviction
must
set
aside
federal
constitutional
error
whether
error
harmless
beyond
reasonable
doubt
case
must
decide
whether
chapman
harmless
error
standard
applies
determining
whether
prosecution
use
impeachment
purposes
petitioner
silence
violation
due
process
doyle
ohio
entitles
petitioner
habeas
corpus
relief
hold
instead
standard
determining
whether
habeas
relief
must
granted
whether
doyle
error
substantial
injurious
effect
influence
determining
jury
verdict
kotteakos
kotteakos
harmless
error
standard
better
tailored
nature
purpose
collateral
review
chapman
standard
application
less
onerous
harmless
error
standard
habeas
promotes
considerations
underlying
habeas
jurisprudence
applying
standard
conclude
petitioner
entitled
habeas
relief
petitioner
todd
brecht
serving
time
georgia
prison
felony
theft
sister
husband
molly
roger
hartman
paid
restitution
petitioner
crime
assumed
temporary
custody
hartmans
brought
petitioner
home
alma
wisconsin
reside
entering
halfway
house
caused
tension
hartman
household
roger
hartman
local
district
attorney
disapproved
petitioner
heavy
drinking
habits
homosexual
orientation
mention
previous
criminal
exploits
make
best
situation
though
hartmans
told
petitioner
one
occasion
drink
alcohol
engage
homosexual
activities
home
one
week
arrival
however
petitioner
violated
house
rule
hartmans
away
petitioner
broke
liquor
cabinet
began
drinking
found
rifle
upstairs
room
began
shooting
cans
backyard
roger
hartman
returned
home
work
petitioner
shot
back
sped
hartman
car
hartman
crawled
neighbor
house
summon
help
downstairs
phone
hartmans
house
inoperable
petitioner
taken
receiver
upstairs
phone
hook
help
came
hartman
wound
proved
fatal
meanwhile
petitioner
driven
hartman
car
ditch
nearby
town
police
officer
stopped
offer
assistance
petitioner
told
sister
knew
car
mishap
called
tow
truck
petitioner
hitched
ride
winona
minnesota
stopped
police
first
tried
conceal
identity
later
identified
arrested
told
held
shooting
petitioner
replied
big
mistake
asked
talk
somebody
understand
app
petitioner
returned
wisconsin
thereafter
given
miranda
warnings
arraignment
petitioner
charged
murder
trial
circuit
buffalo
county
took
stand
admitted
shooting
hartman
claimed
accident
according
petitioner
saw
hartman
pulling
driveway
evening
shooting
ran
replace
gun
upstairs
room
found
running
toward
stairs
downstairs
hallway
tripped
causing
rifle
discharge
fatal
shot
shooting
hartman
disappeared
petitioner
drove
hartman
car
find
upon
spotting
hartman
neighbor
door
however
petitioner
panicked
drove
away
state
argued
petitioner
account
belied
fact
failed
get
help
hartman
fled
hartmans
home
immediately
shooting
lied
police
officer
came
upon
ditch
called
hartman
addition
state
pointed
petitioner
failed
mention
anything
shooting
accident
officer
found
ditch
man
gave
ride
winona
officers
eventually
arrested
objections
defense
counsel
state
also
asked
petitioner
whether
told
anyone
time
trial
shooting
accident
petitioner
replied
made
several
references
petitioner
pretrial
silence
closing
argument
finally
state
offered
extrinsic
evidence
tending
contradict
petitioner
story
including
path
bullet
traveled
hartman
body
horizontal
slightly
downward
location
rifle
found
shooting
outside
well
evidence
motive
petitioner
hostility
toward
hartman
disapproval
petitioner
sexual
orientation
jury
returned
guilty
verdict
petitioner
sentenced
life
imprisonment
wisconsin
appeals
set
conviction
aside
ground
state
references
petitioner
silence
see
supra
violated
due
process
doyle
ohio
error
sufficiently
prejudicial
require
reversal
state
brecht
wisconsin
reinstated
conviction
although
agreed
state
use
petitioner
silence
impermissible
determined
error
harmless
beyond
reasonable
doubt
state
brecht
quoting
chapman
california
finding
doyle
violation
harmless
noted
state
improper
references
brecht
silence
infrequent
comprised
less
two
pages
transcript
minutes
trial
witnesses
testified
state
evidence
guilt
compelling
petitioner
sought
writ
habeas
corpus
reasserting
doyle
claim
district
agreed
state
use
petitioner
silence
violated
doyle
disagreed
wisconsin
error
harmless
beyond
reasonable
doubt
set
aside
conviction
wd
district
based
harmless
error
determination
view
state
evidence
guilt
overwhelming
state
references
petitioner
silence
though
extensive
crucial
petitioner
defense
turned
credibility
appeals
seventh
circuit
reversed
concluded
state
references
petitioner
silence
violated
doyle
disagreed
standard
district
applied
conducting
inquiry
result
reached
appeals
held
chapman
harmless
error
standard
apply
reviewing
doyle
error
federal
habeas
instead
prophylactic
nature
doyle
rule
well
costs
attendant
reversing
state
convictions
collateral
review
appeals
held
standard
determining
whether
petitioner
entitled
habeas
relief
whether
doyle
violation
substantial
injurious
effect
influence
determining
jury
verdict
quoting
kotteakos
applying
standard
appeals
concluded
petitioner
entitled
relief
given
many
entirely
proper
references
petitioner
silence
preceding
arraignment
contend
straight
face
state
use
silence
substantial
injurious
effect
jury
verdict
granted
certiorari
resolve
conflict
courts
appeals
question
whether
chapman
harmless
error
standard
applies
collateral
review
doyle
violations
affirm
sixth
pass
question
whether
state
use
impeachment
purposes
petitioner
silence
requires
reversal
murder
conviction
petitioner
urges
us
even
count
decide
matters
favor
argues
chapman
harmless
error
standard
applies
equal
force
collateral
review
doyle
error
according
petitioner
need
prevent
state
courts
relaxing
standards
direct
review
doyle
claims
confusion
ensue
adopt
kotteakos
standard
collateral
review
require
application
chapman
standard
considering
arguments
however
must
first
characterize
nature
doyle
error
doyle
ohio
held
use
impeachment
purposes
defendant
silence
time
arrest
receiving
miranda
warnings
violate
due
process
clause
fourteenth
amendment
rule
rests
fundamental
unfairness
implicitly
assuring
suspect
silence
used
using
silence
impeach
explanation
subsequently
offered
trial
wainwright
greenfield
quoting
south
dakota
neville
implicit
assurance
upon
relied
doyle
line
cases
component
miranda
thus
constitution
prohibit
use
impeachment
purposes
defendant
silence
prior
arrest
jenkins
anderson
arrest
miranda
warnings
given
fletcher
weir
per
curiam
silence
probative
rest
implied
assurance
law
enforcement
authorities
carry
penalty
see
case
illustrates
point
well
first
time
petitioner
claimed
shooting
accident
took
stand
trial
entirely
proper
probative
state
impeach
testimony
pointing
petitioner
failed
tell
anyone
time
received
miranda
warnings
arraignment
shooting
accident
indeed
shooting
accident
petitioner
every
reason
including
clear
name
preserve
evidence
supporting
version
events
offer
account
immediately
following
shooting
hand
state
references
petitioner
silence
point
time
generally
petitioner
failure
come
forward
version
events
time
trial
see
supra
crossed
doyle
line
conceivable
petitioner
given
miranda
warnings
decided
stand
right
remain
silent
believed
silence
used
trial
appeals
characterized
doyle
prophylactic
rule
reasoned
since
need
doyle
stems
implicit
assurance
flows
miranda
warnings
warnings
required
miranda
part
constitution
doyle
prophylactic
rule
designed
protect
another
prophylactic
rule
erosion
misuse
ibid
doyle
simply
extension
miranda
prophylactic
rule
rather
discussed
rooted
fundamental
fairness
due
process
concerns
however
real
concerns
doyle
overprotec
duckworth
eagan
concurring
rationale
doyle
due
process
violated
whenever
prosecution
uses
impeachment
purposes
defendant
silence
doyle
thus
bear
hallmarks
prophylactic
rule
instead
think
doyle
error
fits
squarely
category
constitutional
violations
characterized
trial
error
see
arizona
fulminante
trial
error
occur
presentation
case
jury
amenable
harmless
error
analysis
may
quantitatively
assessed
context
evidence
presented
order
determine
effect
trial
id
end
spectrum
constitutional
errors
lie
structural
defects
constitution
trial
mechanism
defy
analysis
harmless
error
standards
id
existence
defects
deprivation
right
counsel
example
requires
automatic
reversal
conviction
infect
entire
trial
process
see
id
since
landmark
decision
chapman
california
applied
standard
reviewing
claims
constitutional
error
trial
type
chapman
considered
whether
prosecution
reference
defendants
failure
testify
trial
violation
fifth
amendment
privilege
required
reversal
convictions
rejected
argument
constitution
requires
blanket
rule
automatic
reversal
case
constitutional
error
concluded
instead
may
constitutional
errors
setting
particular
case
unimportant
insignificant
may
consistent
federal
constitution
deemed
harmless
examining
existing
harmless
error
rules
including
federal
rule
held
federal
constitutional
error
held
harmless
must
able
declare
belief
harmless
beyond
reasonable
doubt
state
bears
burden
proving
error
passes
muster
standard
chapman
reached
direct
review
cases
applied
harmless
error
standard
although
applied
chapman
standard
handful
federal
habeas
cases
see
yates
evatt
rose
clark
milton
wainwright
anderson
nelson
per
curiam
yet
squarely
address
applicability
collateral
review
petitioner
contends
bound
habeas
cases
way
stare
decisis
holding
kotteakos
harmless
error
standard
applies
habeas
review
doyle
error
since
never
squarely
addressed
issue
assumed
applicability
chapman
standard
habeas
free
address
issue
merits
see
edelman
jordan
federal
habeas
corpus
statute
silent
point
permits
federal
courts
entertain
habeas
petition
behalf
state
prisoner
ground
custody
violation
constitution
laws
treaties
directs
simply
dispose
matter
law
justice
require
statute
says
nothing
standard
harmless
error
review
habeas
cases
respondent
urges
us
fill
gap
kotteakos
standard
error
requires
reversal
substantial
injurious
effect
influence
determining
jury
verdict
kotteakos
standard
grounded
federal
harmless
error
statute
hearing
appeal
writ
certiorari
case
shall
give
judgment
examination
record
without
regard
errors
defects
affect
substantial
rights
parties
face
might
seem
address
situation
hand
date
limited
application
claims
nonconstitutional
error
federal
criminal
cases
see
lane
petitioner
asserts
congress
failure
enact
various
proposals
since
chapman
decided
limited
availability
habeas
relief
amounts
legislative
disapproval
application
less
stringent
harmless
error
standard
collateral
review
constitutional
error
one
proposals
merits
discussion
bill
proposed
amended
require
habeas
petitioners
show
different
result
probably
obtained
constitutional
violation
occurred
quoting
sess
response
attorney
general
suggested
provision
modified
make
habeas
relief
available
petitioner
suffered
substantial
deprivation
constitutional
rights
trial
quoting
letter
richard
kleindienst
attorney
general
emanuel
celler
chairman
house
committee
judiciary
june
language
course
parallels
federal
harmless
error
rule
neither
attorney
general
suggestion
proposed
bill
ever
enacted
law
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