ROSE v. CLARK

No. 84-1974.

478 U.S. 570 (1986)

ROSE, WARDEN v. CLARK

Supreme Court of United States.

Decided July 2, 1986


Attorney(s) appearing for the Case

W. J. Michael Cody, Attorney General of Tennessee, argued the cause for petitioner. With him on the briefs were Jerry L. Smith, Deputy Attorney General, and Kymberly Lynn Anne Hattaway, Assistant Attorney General.

Paul J. Larkin, Jr., argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Fried, Assistant Attorney General Trott, and Deputy Solicitor General Frey.

Scott Daniel argued the cause and filed a brief for respondent.*

Briefs of amici curiae urging affirmance were filed for the American Civil Liberties Union et al. by Burt Neuborne and Charles S. Sims; and for the National Association of Criminal Defense Lawyers et al. by Kim Robert Fawcett and Stephen A. Saltzburg.


JUSTICE POWELL delivered the opinion of the Court.

This case presents the question whether the harmless-error standard of Chapman v. California, 386 U.S. 18 (1967), applies to jury instructions that violate the principles of Sandstrom v. Montana, 442 U.S. 510 (1979), and Francis v. Franklin, 471 U.S. 307...

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