James M. White (91-6096/6097), Cross-Appellant v. Stephen T. Smith (91-6095), Cross-Appellee

RYAN, Circuit Judge.

The Commonwealth of Kentucky, on behalf of Warden Stephen T. Smith, appeals from the district court’s grant of a writ of habeas corpus to James M. White. The district court determined that a Kentucky trial court had denied White his right under the Sixth and Fourteenth Amendments to an impartial jury by allowing the jury to render a verdict after White's mother spoke to jurors in the courtroom before they deliberated. White cross-appeals the district court’s modification of its writ and its denial of habeas relief, based on White’s other assignments of error.

For the…