United States Second Circuit

After a state court, relying on subjective juror testimony, rejects a defendant's Sixth Amendment claim predicated on jury consideration of extra-record information, the federal habeas court, excluding the subjective juror testimony, may not then determine that the petitioner's Sixth Amendment rights were violated.

Appellate Information

• Argued 05/15/2001
• Decided 08/31/2001
• Published 08/31/2001

Judges

• SOTOMAYOR, Circuit Judge:, Before FEINBERG, OAKES, and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Richard M. Asche,Litman, Asche & Gioiella, LLP, New York, NY, for Petitioner-Appellant.


• For Appellees:
  
• Mark Cohen, Assistant District Attorney, Suffolk County, N.Y. (James M. Catterson, Jr., District Attorney of Suffolk County, Glenn Green, Assistant District Attorney, on the brief), for Respondent-Appellee.