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· 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 CourtListener

Sourced 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.