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Court Rejects Juror, Misconduct and IAC Claims to Affirm Death Penalty

By Shari Allison

Matthews v. Workman, ___F.3d ___, 2009 WL 1927051 (10th Cir. 2009).Death penalty upheld in habeas corpus petition. (1) COA applies Brecht ?substantial and injurious effect? test to juror?s improper communication with excused alternate after guilt phase, previous to penalty phase, where alternate said newspaper account of crime supported the guilty verdict, and juror told other jurors during penalty phase that she had spoken with alternate, though they did not recall any mention of newspaper account. COA says that Petitioner never argued residual doubt, so confirmation of guilty verdict by paper would not have influenced juror?s death vote?no harm. Regarding a second juror issue: AEDPA deference to state court determination under its Evid. Rule 606 not to take post-verdict juror testimony about deliberations (different juror said made up mind to impose death before the penalty phase, and Petitioner claimed a Due Process violation), and no S...continue to full post

Full post as published by Tenth Circuit Blog on July 10, 2009 (boomark / email).