United States Fourth Circuit

The district court's denial of a petition for a writ of habeas corpus brought by petitioner-death row inmate, alleging that his Sixth Amendment rights to an impartial jury and to be confronted with the witnesses against him were violated by an extraneous communication between a juror and her father during the penalty phase of his capital murder trial, is reversed and remanded, where: 1) petitioner presented a credible allegation of a private communication about the matter pending before the jury, entitling petitioner to the presumption of prejudice and an evidentiary hearing; 2) the state court's failure to apply the presumption and to conduct an evidentiary hearing in light of this showing was contrary to or an unreasonable application of the Supreme Court precedents applicable to juror-influence claims; and 3) the matter is remanded for a hearing to determine whether the extraneous communication had a substantial and injurious effect or influence on the jury's verdict.

Appellate Information

• Decided 07/02/2014
• Published 07/02/2014

Judges

• TRAXLER

Court

• United States Fourth Circuit

Counsel