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United States Eighth Circuit


Helmig v. Kemna, 05-3963, 05-4013

Grant of a writ of habeas corpus in a murder case, pursuant to a finding that petitioner's constitutional rights were violated when jurors obtained and consulted a state highway map that was not introduced into evidence at trial, is reversed where: 1) the district court erred in assuming the highway map was extraneous information; 2) erred in permitting jurors to speculate as to the mental processes of another juror; and 3) the highway map, even if improperly obtained, was not prejudicial extraneous information.

Appellate Information

  • Decided 09/05/2006
  • Published 09/05/2006

Judges

  • LOKEN, Chief Judge., Before LOKEN, Chief Judge, MELLOY and COLLOTON, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Andrew W. Hassell, argued, Assistant Attorney General, Jefferson City, Missouri (Jeremiah W. (Jay) Nixon, on the brief), for appellant.

  • For Appellees:
  • Sean Dennis O'Brien, argued, Kansas City, Missouri (Matthew S. Darrough, on the brief), for appellee.
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