Bryson v. Ward

I concur in the disposition of this case, but write separately to express my disagreement with the majority’s handling of two issues.

I

In deciding whether the trial court’s exclusion of proffered mitigating evidence was harmless, the majority cites Brecht v. Abrahamson, 507 U.S. 619, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993), a pre-AEDPA case holding that a federal habeas court need only determine whether such exclusion had a substantial and injurious effect or influence on determining the jury’s verdict. In my view, the Brecht standard of review is inapplicable to post-AEDPA cases such as this…