United States Ninth Circuit

In a close case that turned on the testifying detective's credibility, state court erred in failing to presume prejudice from the detective's 20-minute conversation, factually unrelated to the trial, with three jurors in the hallway during a break. Habeas petition is granted.

Appellate Information

• Argued 11/05/2003
• Decided 04/05/2004
• Published 04/05/2004

Judges

• CYNTHIA HOLCOMB HALL, Circuit Judge:, Before:  HALL, O'SCANNLAIN, and McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kenneth M. Miller, San Clemente, CA, for the appellant;  Gregory Dean Caliendo, pro se, petitioner-appellant.


• For Appellees:
  
• Michael R. Johnsen and David F. Glassman, Deputies Attorney General, Los Angeles, CA, for the appellee.