United States Fifth Circuit

AEDPA's restrictions on federal review of state habeas decisions do not alter the Brecht v. Abrahamson, 507 U.S. 619 (1993), mandate for harmless error analysis by federal courts when state courts have failed to address the question of harmless error. Erroneous jury instruction deprived petitioner of his Fourteenth Amendment due process rights.

Appellate Information

• Decided 03/05/2003
• Published 03/05/2003

Judges

• E. GRADY JOLLY, Circuit Judge:, Before KING, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Christopher Albert Aberle (argued), Mandeville, LA, for Petitioner-Appellant.


• For Appellees:
  
• Valentin Michael Solino, Scott Douglas Peebles (argued), Appeals Div., New Orleans, LA, for Respondent-Appellee.