WHITTEN
v.
UNITED STATES

U.S. | 2006-02-21
No. 05-7100
546 U.S. 1177 Supreme Court of the United States (2006) Positive Treatment
Cited by 1 case

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  • Hedgpeth v. Pulido, 555 U.S. 57 (U.S. 2008)
    …ical issue was a mistaken one.’ ” 487 F. 3d, at 677-678 (O’Scannlain, J., concurring specially) (quoting Quigley v. Vose, 834 F. 2d 14, 16 (CA1 1987) (per curiam)); see also Becht v. United States, 403 F. 3d 541, 548 (CA8 2005) (same), cert. denied, 546 U. S. 1177 (2006). Pulido now agrees with the State that the Court of Appeals erred by treating the instructional error in this case as structural, and that the required prejudice analysis should [*62] be governed by Brecht’s “substantial and injurious effect…

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