Randolph Turner v. United States

Appellant was convicted in 1958 for violation of narcotic laws. On direct appeal we affirmed. 1 About three years later, appellant filed a motion under 28 U.S.C. § 2255 to vacate his sentence, alleging denial of a fair trial by misconduct of a juror — described now by his counsel as the juror’s failure to live up to a promise to be “sympathetic” to appellant. The District Court denied his motion and on appeal from that denial we dismissed. 2

In December 1957, appellant again filed a motion under section 2255, alleging a number of violations of constitutional rights; some new, and some…