Michael Lee Fullwood v. R.C. Lee, Warden of Central Prison, Raleigh, North Carolina

I concur in the majority opinion with the exception of Part II thereof, as to which I respectfully dissent. I would affirm.

Part II of the majority opinion is divided into two parts: Part A. is Outside Influence By a Third Party. Part B. is Consideration of Extraneous Facts Related to Fulkoood’s Case.

I first consider Part A., which relies upon Miss Booth’s affidavit,1 which the majority describes as “Juror Joyce Austin was ‘strongly influenced by _, her husband [who] was strongly pro-death penalty’ and told Booth and other jurors that her husband ‘was constantly telling [Austin] during the…