Stouffer v. Duckworth

MATHESON, Circuit Judge.

Bigler Jobe Stouffer was convicted in Oklahoma state court of first-degree murder and shooting with intent to kill. The jury sentenced him to death for the murder charge. After his direct appeal and state post-conviction proceedings were unsuccessful, Mr. Stouffer filed a 28 U.S.C. § 2254 habeas corpus application in federal court, alleging a juror had improperly communicated with her husband about the case during the penalty phase of trial. In Stouffer v. Trammell, 738 F.3d 1205 (10th Cir. 2013), we held the district court erred by failing to conduct an evidentiary…