Cite as: 507 U. S. 619 (1993)
Syllabus
which undermines the States' interest in finality and infringes upon their sovereignty over criminal matters; is at odds with habeas' purpose of affording relief only to those grievously wronged; imposes significant "social costs," including the expenditure of additional time and resources by all of the parties, the erosion of memory and the dispersion of witnesses, and the frustration of society's interest in the prompt administration of justice; and results in retrials that take place much later than those following reversal on direct appeal. This imbalance of costs and benefits counsels in favor of application of the less onerous Kotteakos standard on collateral review, under which claimants are entitled to relief for trial error only if they can establish that "actual prejudice" resulted. See United States v. Lane, 474 U. S. 438, 449. Because the Kotteakos standard is grounded in the federal harmless-error rule (28 U. S. C. § 2111), federal courts may turn to an existing body of case law and, thus, are unlikely to be confused in applying it. Pp. 633-638. 2. It is clear that the Doyle error at Brecht's trial did not "substantially influence" the jury's verdict within the meaning of Kotteakos, since the record, considered as a whole, demonstrates that the State's references to Brecht's post-Miranda silence were infrequent and were, in effect, merely cumulative of the extensive and permissible references to his pre-Miranda silence; that the evidence of his guilt was, if not overwhelming, certainly weighty; and that circumstantial evidence also pointed to his guilt. Thus, Brecht is not entitled to habeas relief. Pp. 638-639.
944 F. 2d 1363, affirmed.
Rehnquist, C. J., delivered the opinion of the Court, in which Stevens, Scalia, Kennedy, and Thomas, JJ., joined. Stevens, J., filed a concurring opinion, post, 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, post, p. 644. Blackmun, post, p. 650, O'Connor, post, p. 650, and Souter, JJ., post, p. 657, filed dissenting opinions.
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
621
Page: Index Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: October 4, 2007