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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:

Briefs:

    Parties
    Coming Soon
Counsel of Record

For Petitioner:

Victor S. Haltom
Sacramento, CA
For Respondent:
Ross C. Moody
CA Dept. of Justice, Attorney General
San Francisco, CA


 

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