Circuit split · criminal procedure
Whether harmless-error analysis is available on federal habeas review where the error involves submission to the jury of an unconstitutionally vague aggravating circumstance in a capital case
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- Duckett v. Mullin306 F3D 982
Tenth Circuit Court of Appeals · September 4, 2002
“Although we have acknowledged a circuit split on the issue; we have ’specifically held that harmless-error analysis “is available to us on federal habeas 'review where the error involves the submission to the jury of an unconstitutionally vague aggravating circumstance.” — Acknowledges a circuit split
Empirical analysis of this case →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- Joined by · 10th Cir.Davis v. Exec. Dir. Dep't of Corr.100 F.3d 750
What the split turns on
- Anchor precedents:
- Clemons110 S.Ct. 1441 ·
- Brecht507 U.S. 623
- Doctrines & tests:
- harmless-error analysis ·
- reweighing analysis ·
- Brecht standard
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.