Today’s Opinions | 12.2.08
on Dec 2, 2008 at 10:05 am
The Court has released an opinion in Hedgpeth v. Pulido (07-544), on whether, during habeas review, federal courts may determine erroneous instructions on which the jury may have relied to constitute “structural error” requiring reversal. The ruling below, which found for the habeas petitioner, is vacated and remanded. The per curiam opinion is available here. Justice Stevens issued a dissenting opinion, which was joined by Justices Souter and Ginsburg.
