Petition of the day
The petition of the day is:
Issue: (1) Whether the Sixth Circuit violated 28 U.S.C. 2254(d)(1) by granting habeas relief on the trial court's failure to provide a no adverse inference instruction even though the Supreme Court has not "clearly established" that such an instruction is required in a capital penalty phase when a non-testifying defendant has pled guilty to the crimes and aggravating circumstances; and (2) whether the Sixth Circuit violated the harmless error standard in Brecht v. Abrahamson in ruling that the absence of a no adverse interference instruction was not harmless in spite of overwhelming evidence of guilt and in the face of a guilty pleas to the crimes and aggravators.
Recommended Citation: Mary Pat Dwyer, Petition of the day, SCOTUSblog (Apr. 11, 2013, 10:00 PM), http://www.scotusblog.com/2013/04/petition-of-the-day-434/