6
Scalia, J., concurring
sistent with the concurring opinion in Carella, does not, in our view, overcome the holding of Brecht, followed in O'Neal, that for reasons related to the special function of habeas courts, those courts must review such error (error that may require strict review of the Chapman-type on direct appeal) under the Kotteakos standard. Thus, we are convinced that the "harmless error" standards enunciated in Brecht and O'Neal should apply to the "trial error" before us as enunciated in those opinions and without the Ninth Circuit's modification.
For these reasons, we grant respondent's motion for leave to proceed in forma pauperis and the petition for a writ of certiorari, vacate the Ninth Circuit's determination, and remand for further proceedings consistent with this opinion.
It is so ordered.
Justice Scalia, with whom Justice Ginsburg joins as to Part I, concurring.
I
I agree with what the Court decides in its per curiam opinion: that the Brecht-O'Neal standard for reversal of the conviction ("grave doubt as to the harmlessness of the error"), see Brecht v. Abrahamson, 507 U. S. 619 (1993), and O'Neal v. McAninch, 513 U. S. 432 (1995), rather than the more stringent Chapman standard (inability to find the error "harmless beyond a reasonable doubt"), see Chapman v. California, 386 U. S. 18 (1967), applies to the error in this case when it is presented, not on direct appeal, but as grounds for habeas corpus relief. The Ninth Circuit did not apply that more deferential standard, and I therefore concur in the remand.
I do not understand the opinion, however, to address the question of what constitutes the harmlessness to which this more deferential standard is applied—and on that point the Ninth Circuit was quite correct. As we held in Sullivan
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