Lambright v. Stewart

I respectfully dissent because I disagree with the majority’s conclusion that using dual juries was a structural error which is reversible per se. I would apply a harmless error analysis. Applying such an analysis, I would conclude that the use of dual juries did not result in actual prejudice to either Lambright or Smith, nor did it have a substantial and injurious effect or influence of the juries’ verdicts. See Brecht v. Abrahamson, 507 U.S. 619, 623, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993). Accordingly, any error in the use of dual juries in the joint trial of Lambright and Smith was…