Legal Opinion

Darrell Ewing v. Connie Horton

Court of Appeals for the Sixth Circuit

Decided February 5, 2019No. 17-2485PublishedCited by 27 opinions

1Opinion of the Court

ROGERS, Circuit Judge.

Two months after Darrell Ewing was convicted of murder, a juror filed an affidavit accusing two fellow jurors of conducting after-hours internet research about the case and discussing their findings during deliberations. Without holding an evidentiary hearing to determine what, if any, prejudicial impact that extracurricular fact-finding had on the jury, the state trial and appellate courts considered the information duplicative of the evidence at trial and the incident harmless. That was constitutional error, as everyone now agrees. The question is how best to remedy…

Also in this document: Dissent.

2Cases cited23 opinions

  1. Harrington v. RichterSupreme Court of the United States · 2011
  2. Schlup v. DeloSupreme Court of the United States · 1995
  3. Jackson v. DennoSupreme Court of the United States · 1964
  4. Smith v. PhillipsSupreme Court of the United States · 1982
  5. Harris v. ReedSupreme Court of the United States · 1989

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3Cited by27 opinions

  1. Keith Smith v. Noah NagyCourt of Appeals for the Sixth Circuit · 2020
  2. Abulay Nian v. WardenCourt of Appeals for the Sixth Circuit · 2021
  3. United States v. Ricky LanierCourt of Appeals for the Sixth Circuit · 2021
  4. In re: Alexander SittenfeldCourt of Appeals for the Sixth Circuit · 2022
  5. United States v. Jason Dale KechegoCourt of Appeals for the Sixth Circuit · 2024

22 more not listed; retrieve them via the Exa API.

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