Fry v. Pliler, 06-5247 - FindLaw US Supreme Court Center
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Fry v. Pliler
No. 06-5247
Title:
John Francis Fry v. Cheryl K. Pliler, Warden
Subject:
Question:
- If constitutional error in a state trial is not recognized by the judiciary until the
case ends up in federal court under 28 U.S.C. section 2254, is the prejudicial impact of
the error assessed under the standard set forth in Chapman v. California, 386 U.S.
18 (1967), or that enunciated in Brecht v. Abrahamson, 507 U.S. 619 (1993)? Does
it matter which harmless error standard is employed? And, if the Brecht standard
applies, does the petitioner or the State bear the burden of persuasion on the
question of prejudice?
Decisions:
Resources:
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