Issue: (1) Whether the Sixth Circuit violated 28 U.S.C. 2254(d)(1) by granting habeas relief on the trial court’s failure to provide a no-adverse-inference instruction even though the Supreme Court has not “clearly established” that such an instruction is required in a capital penalty phase when a non-testifying defendant has pleaded guilty to the crimes and aggravating circumstances; and (2) whether the Sixth Circuit violated the harmless error standard in Brecht v. Abrahamson in ruling that the absence of a no-adverse-interference instruction was not harmless in spite of overwhelming evidence of guilt and in the face of a guilty pleas to the crimes and aggravators.
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