Patrick James Jeffries v. James Blodgett, Superintendent

ORDER AND DISSENT

In his petition for rehearing, Jeffries again asserts a due process violation in his state trial because of juror misconduct. We reviewed the district court’s treatment of the question initially as an attempt by two jurors to impeach their verdicts by affidavits reciting misconduct in the jury room. The affidavits alleged that a juror had said, during deliberation on the guilt phase of the trial, “Jeffries is a convicted armed robber.”

We agreed with the district court that if, indeed, the alleged misconduct had occurred, the misconduct probably had no influence on the…