Cite as: 513 U. S. 432 (1995)
Thomas, J., dissenting
v. Olano, 507 U. S. 725, 741 (1993)). Still, neither the harmless-error statute (which was the subject of Kotteakos) nor the rules governing harmless errors in district courts (discussed in Olano) apply to habeas review of errors that occurred in a prior case. See 28 U. S. C. § 2111; Fed. Rule Crim. Proc. 52(a); see also Fed. Rule Civ. Proc. 61.
To be sure, we have borrowed the applicable standard for judging harmlessness in habeas from cases interpreting the federal harmless-error statute. See, e. g., Brecht, supra, at 631. Applying harmless-error analysis makes sense, because a trivial error could not be said to cause custody and thus warrant habeas relief. But the harmless-error statute and rules do not apply of their own force in the habeas cases, and so the harmless-error precedents relied upon by the majority are certainly not dispositive. Indeed, Brecht itself— despite adopting the standard for harmlessness set out in Kotteakos—departed from Kotteakos by placing the burden upon the habeas petitioner to "establish" that this standard has been met. See 507 U. S., at 637.
If we are to look at cases examining the harmless-error statute, I would think that civil cases would be of greater relevance. As the Court admits, habeas is a civil proceeding. See ante, at 440 (citing Browder v. Director, Dept. of Corrections of Ill., 434 U. S. 257, 269 (1978)). Although the Court acknowledges that Palmer v. Hoffman, 318 U. S. 109 (1943), put the burden on the party claiming prejudice to demonstrate it, the Court dismisses Palmer as a pre-Kotteakos case about technical errors. See ante, at 439. But Kotteakos did not purport to overrule Palmer. Nor is it true that the rule in Palmer is limited to cases involving technical errors. Palmer merely quoted former 28 U. S. C. § 391 (the predecessor to the modern § 2111, and the statute at issue in Kotteakos as well), which itself referred to "technical errors." Palmer held that the party seeking relief from a judgment because of an erroneous ruling "carries the burden of showing that prejudice resulted"; it did not say
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