O'NEAL v. McANINCH

No. 93-7407.

513 U.S. 432 (1995)

O'NEAL v. McANINCH, WARDEN

United States Supreme Court.

Decided February 21, 1995.


Attorney(s) appearing for the Case

Thomas R. Wetterer, Jr., by appointment of the Court, 511 U.S. 1067, argued the cause for petitioner. With him on the briefs were Gloria Eyerly, Gregory L. Ayers, and John A. Bay.

Richard A. Cordray, State Solicitor of Ohio, argued the cause for respondent. With him on the briefs were Lee Fisher, Attorney General, Simon B. Karas, and Stuart A. Cole and Timothy J. Mangan, Assistant Attorneys General.

James A. Feldman argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Days, Assistant Attorney General Harris, and Deputy Solicitor General Wallace.*

Breyer, J., delivered the opinion of the Court, in which Stevens, O'Connor, Kennedy, Souter, and Ginsburg, JJ., joined. Thomas, J., filed a dissenting opinion, in which Rehnquist, C. J., and Scalia, J., joined, p. 445.


Justice Breyer, delivered the opinion of the Court.

Reviewing courts normally disregard trial errors that are harmless. This case asks us to decide whether a federal habeas court should consider a trial error harmless when the court (1) reviews a state-court judgment from a criminal trial, (2) finds a constitutional error, and (3) is in grave doubt about whether or not that error is harmless. We recognize that this...

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