Brecht v. Abrahamson, 507 U.S. 619, 9 (1993)

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Cite as: 507 U. S. 619 (1993)

Opinion of the Court

inquiry and the result it reached. 944 F. 2d 1363, 1368, 1375-1376 (1991).

The Court of Appeals held that the Chapman harmless-error standard does not apply in reviewing Doyle error on federal habeas. Instead, because of the "prophylactic" nature of the Doyle rule, 944 F. 2d, at 1370, as well as the costs attendant to reversing state convictions on collateral review, id., at 1373, the Court of Appeals held that the standard for determining whether petitioner was entitled to habeas relief was whether the Doyle violation " 'had substantial and injurious effect or influence in determining the jury's verdict,' " 944 F. 2d, at 1375 (quoting Kotteakos v. United States, 328 U. S., at 776). Applying this standard, the Court of Appeals concluded that petitioner was not entitled to relief because, "given the many more, and entirely proper, references to [petitioner's] silence preceding arraignment," he could not contend with a "straight face" that the State's use of his post-Miranda silence had a "substantial and injurious effect" on the jury's verdict. 944 F. 2d, at 1376.

We granted certiorari to resolve a conflict between Courts of Appeals on the question whether the Chapman harmless-error standard applies on collateral review of Doyle violations, 504 U. S. 972 (1992),3 and now affirm.

We are the sixth court to pass on the question whether the State's use for impeachment purposes of petitioner's post-Miranda silence requires reversal of his murder conviction. Petitioner urges us to even the count, and decide matters in his favor once and for all. He argues that the Chapman harmless-error standard applies with equal force on collateral review of Doyle error. According to petitioner, the need to prevent state courts from relaxing their standards on direct review of Doyle claims, and the confusion which would ensue were we to adopt the Kotteakos harmless-error standard on

3 Cf. Bass v. Nix, 909 F. 2d 297 (CA8 1990) (The Chapman harmless-error standard governs in reviewing Doyle violations on collateral review).

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