Russell Coleman v. Arthur Calderon, Warden

Opinion by Judge DAVID R. THOMPSON; Partial Concurrence and Partial Dissent by Judge BRUNETTI.

DAVID R. THOMPSON, Circuit Judge:

We reconsider this appeal on remand from the Supreme Court, Calderon v. Coleman, 525 U.S. 141, 119 S.Ct. 500, — L.Ed.2d - (1998), to determine whether an erroneous jury instruction given by the trial court was harmless. See Brecht v. Abrahamson, 507 U.S. 619, 623, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993). After reconsideration, we conclude, under Brecht, that the instruction had a substantial and injurious effect on the jury’s verdict. Ac*1049cordingly, we affirm the…