FINDLAW: Daily Opinion Summaries for U.S. Supreme Court – 12/02/08


CRIMINAL LAW & PROCEDURE, PER CURIAM

Hedgpeth v. Pulido, No. 07-544
Instructional error arising in the context of a jury instructed on multiple theories of guilt, one of which is improper, is not structural error. A reviewing court finding such error should ask whether the flaw in the instructions “had substantial and injurious effect or influence in determining the jury’s verdict.”