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7th Circuit vacates habeas petition, orders further proceedings

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Although a District Court’s grant of the habeas petition of a man claiming he didn’t have an impartial jury was reversed by the 7th Circuit Court of Appeals, the case was sent back to the lower court for the state to show that the jury was not prejudiced.

Virgil Hall III was convicted by a jury in state court in 2001 of killing his stepson. After Hall was convicted, he found out that one of the juror’s sons was an inmate with him. The juror’s son told his father that he believed Hall was innocent, but the juror later found out that his son and other inmates changed their mind and thought Hall was guilty. That juror conveyed this information to several jurors. Hall was convicted of murder.

The state court rejected Hall’s motion to correct error, he lost on direct appeal, and then filed his petition for habeas in the Northern District of Indiana. Hall argued that the state should have to prove that the extraneous information that reached the jury wasn’t prejudicial and that the Indiana courts contravened established federal law handed down by the Supreme Court, citing Remmer v. United States, 347 U.S. 227 (1954). The District Court granted the petition.

In Virgil Hall III v. Michael Zenk, superintendent, 11-3911, handed down Wednesday, the judges determined that “federal constitutional law maintains a presumption of prejudice in at least some intrusion cases. The standard applied by the Court of Appeals of Indiana requires that a defendant prove that he was probably harmed by an extraneous communication had with a juror, which leaves no room for the potential for a presumption, in contravention of Remmer and (United States v. Olano, 507 U.S. 725 (1993)),” Judge Joel Flaum wrote.

“Even under a narrow reading of Remmer that permits a presumption of prejudice only where there is a likelihood of prejudice … a presumption was due to Hall in his postverdict hearing, and the state court decision to the contrary was an abuse of discretion,” Flaum continued. “Thus, we are confident that despite some ambiguity regarding when the Remmer presumption should apply, all reasonable interpretations of Remmer and its progeny would lead to a presumption of prejudice in favor of Hall in his postverdict hearing. Thus, the trial court that oversaw Hall’s conviction acted contrary to clearly established federal law under the (Antiterrorism and Effective Death Penalty Act of 1996.)”

The judges remanded for a hearing to determine whether Hall was prejudiced by the extraneous information that reached the jury.

 

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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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