Cite as: 507 U. S. 619 (1993)
Opinion of the Court
Petitioner contends that we are bound by these habeas cases, by way of stare decisis, from holding that the Kotteakos harmless-error standard applies on habeas review of Doyle error. But since we have never squarely addressed the issue, and have at most assumed the applicability of the Chapman standard on habeas, we are free to address the issue on the merits. See Edelman v. Jordan, 415 U. S. 651, 670-671 (1974).
The federal habeas corpus statute is silent on this point. It permits federal courts to entertain a habeas petition on behalf of a state prisoner "only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States," 28 U. S. C. § 2254(a), and directs simply that the court "dispose of the matter as law and justice require," § 2243. The statute says nothing about the standard for harmless-error review in habeas cases. Respondent urges us to fill this gap with the Kotteakos standard, under which an error requires reversal only if it "had substantial and injurious effect or influence in determining the jury's verdict." Kotteakos v. United States, 328 U. S., at 776. This standard is grounded in the federal harmless-error statute. 28 U. S. C. § 2111 ("On the hearing of any appeal or writ of certiorari in any case, the court shall give judgment after an examination of the record without regard to errors or defects which do not affect the substantial rights of the parties").7 On its face § 2111 might seem to address the situ-whether a federal court should apply a different standard in reviewing Doyle errors in a habeas corpus action—should be answered in the affirmative") (emphasis in original).
7 In Kotteakos, we construed § 2111's statutory predecessor, 28 U. S. C. § 391 (1925-1926 ed.). Section 391 provided: "On the hearing of any appeal, certiorari, writ of error, or motion for a new trial, in any case, civil or criminal, the court shall give judgment after an examination of the entire record before the court, without regard to technical errors, defects, or exceptions which do not affect the substantial rights of the parties." In formulating § 391's harmless-error standard, we focused on the phrase "affect the substantial rights of the parties," and held
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