In Re Maurice Boyette on Habeas Corpus — Corrigan, J., Concurring in Part and Dissenting in Part

Summary

Justice Corrigan concluded that the two jurors’ deliberate viewing of a prison-gang movie during penalty deliberations created a substantial likelihood of actual bias and that the presumption of prejudice was not rebutted. She emphasized that the jurors were undecided after a full day of deliberations, watched the movie at the urging of pro-death jurors, and voted for death shortly thereafter. Because the misconduct affected only the penalty phase, she would have reversed the death verdict and remanded for a new penalty trial.