James B. Shillcutt v. John R. Gagnon

GRANT, Senior District Judge.

We are asked to decide whether a racial comment uttered by a juror during jury deliberations violates a criminal defendant’s constitutional right to an impartial jury. Because, under the facts of this case, we hold that the rule prohibiting impeachment of verdicts sufficiently protects the petitioner’s constitutional right, we affirm the district court’s denial of the petition for habeas corpus. 602 F.Supp. 1280.

I

The state of Wisconsin charged Shillcutt, a black male, with soliciting prostitutes and keeping a place of prostitution in violation of Wisconsin law.…