United States Supreme Court

Instructional error arising in the context of a jury instructed on multiple theories of guilt, one of which is improper, is not structural error. A reviewing court finding such error should ask whether the flaw in the instructions "had substantial and injurious effect or influence in determining the jury's verdict."

Appellate Information

• Decided 12/02/2008
• Published 12/02/2008

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• United States Supreme Court

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