United States Fourth Circuit

In appeal from a death sentence on multiple grounds, defendant was denied a fair trial when he was not afforded an evidentiary hearing as to whether a juror was improperly influenced by her husband, and whether the jury improperly learned that defendant had already been sentenced to death for the same murder in a previous capital sentencing proceeding.

Appellate Information

• Argued 01/22/2002
• Decided 05/21/2002
• Published 05/21/2002

Judges

• Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kenneth Justin Rose, Center for Death Penalty Litigation, Inc., Durham, North Carolina, for Petitioner-Appellant.  Teresa Harris Pell, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Respondent-Appellee.   ON BRIEF:  Stephen P. Lindsay, Cloninger, Lindsay, Hensley, Searson & Arcuri, P.L.L.C., Asheville, North Carolina, for Petitioner-Appellant.  Roy Cooper, Attorney General of North Carolina, North Carolina Department of Justice, Raleigh, North Carolina, for Respondent-Appellee.