152
Stevens, J., dissenting
First, in the context of the entire record as analyzed by the District Court, the result here is correct. Second, a fair reading of The Chief JusticeTMs opinion for the Court in Boyde v. California, 494 U. S. 370 (1990), indicates that the heightened "reasonable likelihood" standard endorsed in that case was intended to determine whether an instructional error "require[s] reversal." Id., at 379, 380. There is little reason to question the soundness—at least in most applications—of the reasoning of the en banc opinion in McDowell on which the Court of Appeals relied in this case. Third, there is a strong interest in bringing all litigation, and especially capital cases, to a prompt conclusion. This Court's ill-conceived summary disposition will needlessly prolong this proceeding.
Whatever the shortcomings of the Court of Appeals' review, they surely are not so great as to warrant an expenditure of this Court's time and resources. This is especially so because our decision today is unlikely to change the result below. Ordinarily, we demand far more indication that a lower court has departed from settled law, or has reached an issue of some national significance, before we grant review. The purported error in this case does not satisfy that standard.
Accordingly, I would deny the petition for writ of certiorari and, therefore, respectfully dissent.
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