United States Ninth Circuit

In a habeas corpus action, alleging that petitioner's right to a fair trial was violated when a police vehicle followed a holdout juror’s car for seven miles during a trial involving multiple police victims, the district court's judgment is vacated where the Nevada Supreme Court’s decision was contrary to Mattox v. U.S., 146 U.S. 140 (1892), because it improperly limited its inquiry to whether the police's juror contact amounted to a "communication" and didn't investigate whether any prejudice resulted. The case is remanded for an evidentiary hearing and further proceedings.

Appellate Information

• Published 2016/03/03

Judges

• MURGUIA

Court

• United States Ninth Circuit

Counsel