United States Second Circuit

When a state appellate court conducts an explicit harmless error analysis of a claim, a habeas court must evaluate whether that analysis was an unreasonable application of Supreme Court precedent governing direct review of constitutional error.

Appellate Information

• Decided 11/15/2004
• Published 11/15/2004

Judges

• SOTOMAYOR, Circuit Judge., Before:  CALABRESI, SOTOMAYOR, Circuit Judges, and COTE, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Robert J. Boyle, New York, NY, for petitioner-appellant.


• For Appellees:
  
• Yael V. Levy, Assistant District Attorney for Bronx County, New York (Robert T. Johnson, District Attorney, Joseph N. Ferdenzi, Assistant District Attorney, on the brief), Bronx, NY, for respondent-appellee.