· 11/15/2004
Pedro Gutierrez v. Michael McGinnis Superintendent, Attica Correctional Facility
Citations
- 389 F.3d 300
- 2004 U.S. App. LEXIS 23814
- 2004 WL 2579235
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting the “persistent similarity in outcomes” of the AEDPAChapman and Brecht tests, and stating that it is “unlikely” for a constitutional harm under Brecht to be harmless under AEDPAChapman
- “Mitchell signals, and we therefore hold, that when a state court explicitly conducts harmless error review of a constitutional error, a habeas court must evaluate whether the state unreasonably applied Chapman.”
- applying the Van Arsdall factors under AEDPAChapman review
Source: CourtListener parenthetical corpus (CC0).
Judges: Calabresi, Sotomayor, Cote
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.