The following excerpt is from Harris v. Gipson, No. 2:13-cv-2604 TLN CKD P (E.D. Cal. 2015):
It is well established that the instruction "may not be judged in artificial isolation," but must be considered in the context of the instructions as a whole and the trial record. Cupp, 414 U.S. at 147. Even if there is an instructional error, a habeas petitioner is not entitled to relief unless the error "had substantial and injurious effect or influence in determining the jury's verdict." Brecht v. Abrahamson, 507 U.S. 619, 637 (1993).
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