United States First Circuit

Erroneous malice instruction, shifting the burden to defendant in violation of due process, was harmless where it did not have a "substantial and injurious effect on the verdict" under Brecht v. Abrahamson, 507 U.S. 619.

Appellate Information

• Decided 08/07/2002
• Published 08/07/2002

Judges

• SCHWARZER, Senior Circuit Judge., Before TORRUELLA and LIPEZ, Circuit Judges, and SCHWARZER, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jeffrey L. Baler on brief for appellant.


• For Appellees:
  
• Dean A. Mazzone, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief for appellees.