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BRECHT v. ABRAHAMSON

No. 91-7358.

507 U.S. 619 (1993)

BRECHT v. ABRAHAMSON, SUPERINTENDENT, DODGE CORRECTIONAL INSTITUTION

United States Supreme Court.

Decided April 21, 1993.

Attorney(s) appearing for the Case

Allen E. Shoenberger, by appointment of the Court, 505 U.S. 1202, argued the cause and filed briefs for petitioner.

Sally L. Wellman, Assistant Attorney General of Wisconsin, argued the cause for respondent. With her on the brief was James E. Doyle, Attorney General.

Attorney General Barr argued the cause for the United States as amicus curiae urging affirmance. On the brief were Solicitor General Starr, Assistant Attorney General Mueller, Deputy Solicitor General Roberts, Ronald J. Mann, and Vicki S. Marani.*

Rehnquist, C. J., delivered the opinion of the Court, in which Stevens, Scalia, Kennedy, and Thomas, JJ., joined. Stevens, J., filed a concurring opinion, p. 639. White, J., filed a dissenting opinion, in which Blackmun, J., joined, and in which Souter, J., joined except for the footnote and Part III, p. 644. Blackmun, p. 650, O'Connor, p. 650, and Souter, JJ., p. 657, filed dissenting opinions.

Chief Justice Rehnquist delivered the opinion of the Court.

In Chapman v. California, 386 U.S. 18, 24 (1967), we held that the standard for determining whether a conviction must be set aside because of federal constitutional error is whether the error "was harmless beyond a reasonable doubt." In this case we must decide whether the Chapman harmless-error standard applies in determining whether the

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