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Ward: Bailiff-Juror Communication Requires New Penalty Phase Hearing

By Tim Cone

In Ward v. Hall, No. 07-11360 (Jan. 4, 2010), the Court granted habeas relief to a Georgia death-row inmate based on improper bailiff-jury communications during the penalty phase.During jury deliberations in the penalty phase, the jurors were having difficulty imposing the death penalty, and three jurors asked the bailiff whether life without parole was an option. See generally, Reining in Juror Misconduct: Practical Suggestions for Judges and Lawyers, 84 Fla. B. J. 9 (Jan. 2010). The bailiff responded that it was not an option. Under Georgia law, if the jury so inquires of the trial judge, the judge is required to inform the jury that it is not to consider the question of parole. ?By advising that life without parole was not an option, the bailiff left the [false] impression that Ward could or would be released on parole if the jury sentenced him to life imprisonment...continue to full post

Full post as published by Defense Newsletter Blog on January 13, 2010 (boomark / email).