SUPREME COURT OF THE UNITED STATES
Neil Gorsuch
Brown – Appellant
Versus
Davenport – Respondent
Syllabus
NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
being done in connection with this case, at the time the opinion is issued.
The syllabus constitutes no part of the opinion of the Court but has been
prepared by the Reporter of Decisions for the convenience of the reader.
See United States v. Detroit Timber & Lumber Co.,
SUPREME COURT OF THE UNITED STATES
Syllabus
BROWN, ACTING WARDEN v. DAVENPORT CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
No. 20–826. Argued October 5, 2021—Decided April 21, 2022
Ervine Davenport was convicted of first-degree murder following a jury
trial where, at times, he sat shackled at a table with a “privacy screen.”
On appeal, he argued that his conviction should be set aside in light of
Deck v. Missouri,
Syllabus
habeas relief and ordered Michigan either to retry or release Mr. Dav-
enport. This Court granted certiorari to resolve a circuit conflict about
the proper interaction between the tests found in Brecht and AEDPA.
Held: When a state court has ruled on the merits of a state prisoner’s
claim, a federal court cannot grant habeas relief without applying both
the test this Court outlined in Brecht and the one Congress prescribed
in AEDPA; the Sixth Circuit erred in granting habeas relief to Mr.
Davenport based solely on its assessment that he could satisfy the
Brecht standard. Pp. 6–25.
(a) When Congress supplies a constitutionally valid rule of decision,
federal courts must follow it. In AEDPA, Congress instructed that a
federal court “shall not . . . gran[t]” relief with respect to a claim that
has been adjudicated on the merits in state court “unless” certain con-
ditions are met. §2254(d). To be sure, the court below in this case was
required to ensure that petitioner carried his burden under the terms
of Brecht. But satisfying Brecht is only a necessary condition to habeas
relief here; AEDPA must also be satisfied. The Sixth Circuit erred in
holding otherwise. Pp. 6–7.
(b) Since the founding, Congress has authorized federal
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