NINTH CIRCUIT CAPITAL PUNISHMENT HANDBOOK - 2006
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Chapter 3: Capital Punishment Handbook: Guilt Phase Issues

        3.6  Juror Misconduct

NINTH CIRCUIT CAPITAL PUNISHMENT HANDBOOK - 2006

3.6 Juror Misconduct

Ninth Circuit:

Fields v. Brown, 431 F.3d 1186 (9th Cir. 2005) (holding that claim of juror misconduct based on the jury’s use of Biblical quotations and dictionary definitions during penalty phase of capital trial was not Teague-barred; also holding that the Biblical references were not necessarily extrinsic, factual material and to the extent that the material was extrinsic or improper it did not have an injurious effect on the verdict).

Sassounian v. Roe, 230 F.3d 1097 (9th Cir. 2000), as amended on denial of rehearing, (applying Brecht to claim in pre-AEDPA petition and finding prejudicial error where jurors considered evidence discussed at side bar but not admitted in evidence; but see dissenting opinion finding error harmless under Brecht).