California v. Roy

Summary

The Court held that a federal habeas court reviewing a nonstructural instructional error must apply the deferential harmless-error standard asking whether the error had a substantial and injurious effect or influence on the verdict, with grave doubt resolved for the petitioner. It rejected the Ninth Circuit's more stringent requirement that the record establish that the jury necessarily found the omitted element, vacated that court's decision, and remanded. Justice Scalia, joined by Justice Ginsburg as to Part I, concurred in the remand but would have required the court to assess whether the jury's findings effectively embraced the omitted element.