Alan Medina v. Thomas Hornung, Warden, of Donovan State Prison

ORDER AND AMENDED OPINION

ORDER

The opinion filed June 23, 2004, is amended as follows:

1. Slip Opinion page 8374, first full paragraph:

a. Line 1 — replace ‘Alex” with ‘Alan.”

b. Line 4 — insert a space between “ § ” and “245.”

2. Slip opinion page 8375, line 6, starting with “Further” — delete from this word to the end of the paragraph.

3. Slip Opinion page 8376, Section 2 subject line — replace “Appellant’s” with “Medina’s.”

4. Slip Opinion page 8377, line 3 — insert a comma between “away” and “when.”

5. Slip Opinion page 8378, last paragraph, line 1- — replace “specific” with “the relevant.”

6. Slip Opinion page 8379, subheading A — remove “A. AEDPA Standard of Review.”

7. Slip Opinion page 8380, second full paragraph:

a. Line 4 — replace “357” with “537.”

b. Line 9 — Replace the sentence starting with “The overwhelming majority ...” with “The overwhelming majority of trial errors are non-structural and do not trigger habeas relief unless the error resulted in ‘substantial and injurious effect or influence in determining the jury’s verdict[,]’ ” Brecht v. Abrahamson, 507 U.S. 619, 637 , 113 S.Ct. 1710 , 123 L.Ed.2d 353 (1993) (citation omitted), or unless the…