Chester Terrell Durr v. George Cook, Sheriff, Sabine Parish, Louisiana, William J. Guste, Jr., Attorney General of Louisiana

THORNBERRY, Circuit Judge:

This is a habeas corpus case in which the petitioner, Chester Terrell Durr, challenges his murder conviction on the ground that a member of his trial jury violated his confrontation and due process rights by participating in an out of court experiment. The Louisiana Supreme Court rejected Durr’s arguments by a closely divided court, State v. Durr, 343 So.2d 1004 (La.1977), but the United States District Court for the Western District of Louisiana granted Durr habeas corpus relief. The state has taken an appeal from this adverse ruling and because we hold that the…