The continuous and intimate association between a sequestered jury and key prosecution witnesses violates the constitutional right to a jury trial.
A defendant was convicted of murder after the prosecution's key witnesses, who were also deputy sheriffs, were tasked with sequestering and caring for the jury. Throughout the three-day trial, these deputies drove the jurors to meals, ate with them, and conversed with them, maintaining a continuous and intimate association with the panel. Although the witnesses denied discussing the case itself, the court held that such close association with key witnesses undermines the fundamental integrity of a jury trial. Because a jury's verdict must be based on evidence developed in a public courtroom with full judicial protection, the continuous presence of these witnesses violates the Fourteenth Amendment.
At page 472 Requirement that jury verdict be based on trial evidence175 citing cases“the requirement that a jury's verdict 'must be based upon the evidence developed at the trial' goes to the fundamental integrity of all that is embraced in the constitutional concept of trial by jury.”
- United States v. Corrinne Brown, 996 F.3d 1171 (11th Cir. 2021).published (The requirement that a jury’s verdict ‘must be based upon the evidence developed at the trial’ goes to the fundamental integrity of all that is embraced in the constitutional concept of trial by jury.)
- United States v. Brown, 945 F.3d 597 (1st Cir. 2019).published(Provision of a dictionary to a jury by a judge after the close of the evidence and the instructions -- except perhaps in extraordinary circumstances and after thorough discussion with counsel on the record -- should no…)
- People v. Anderson, 2018 IL App (1st) 150931.published (a prosecutor may not urge a jury to base its decision on information known to the prosecutor but not presented at trial)
- State v. Abdi, 2012 VT 4, 45 A.3d 29.published(The requirement that a jury’s verdict ‘must be based upon the evidence developed at the trial’ goes to the fundamental integrity of all that is embraced in the constitutional concept of trial by jury.)
- Conner v. Polk, No. 04-23 (4th Cir. May 3, 2005).published ([T]he ‘evidence developed’ against a defendant shall come from the witness stand in a public courtroom.)
- Samuel Fields v. Scott Jordan, 86 F.4th 218 (6th Cir. 2023).published See Turner v. Louisiana, 379 U.S. 466 , 472-73 (1965) (“In the constitutional sense, trial by jury in a criminal case necessarily implies at the very least that the ‘evidence developed’ against a defendant shall come from the witness stand…
- Davis, Jr. v. Payne, No. 4:18-cv-01534 (E.D. Mo. Sept. 30, 2021). The Supreme Court has made clear that “a jury’s verdict “must be based [only] upon the evidence developed at the trial.” See Irvin v. Dowd, 366 U.S. 717, 722 (1961); see also Turner v. Louisiana, 379 U.S. 466 , 472-73 (1965) (“trial by jur…
- State v. Broadway, 252 So. 3d 878 (La. 2018).published (The requirement that a jury's verdict 'must be based upon the evidence developed at the trial' goes to the fundamental integrity of all that is embraced in the constitutional concept of trial by jury.)
- Finch v. State, 542 S.W.3d 143 (Ark. 2018).published Implicit in the right to an impartial jury trial is the right to have the jury's verdict be "based solely on the evidence presented in the case." Johnson v. State , 423 Md. 137 , 31 A.3d 239 , 246 (2011) (citing Couser v. State , 282 Md. 1…
- Johnson v. State, 31 A.3d 239 (Md. 2011).published Implicit in the right to an impartial jury trial is the right to have the jury’s verdict be “based solely on the evidence presented in the case.” Couser v. State, 282 Md. 125, 138 , 383 A.2d 389, 397 (1978); accord Turner v. Louisiana, 379…
Show 155 more citing cases
- Oliver v. Quarterman, 541 F.3d 329 (5th Cir. 2008).published (The requirement that a jury’s verdict ‘must be based upon the evidence developed at the trial’ goes to the fundamental integrity of all that is embraced in the constitutional concept of trial by jury.)
- Ylst, No. 2:04-cv-00065 (E.D. Cal. Sept. 28, 2026). Turner, 379 U.S. at 472-73.
- United States v. Steven Dorfman, No. 24-2275 (7th Cir. July 27, 2026).published “[t]he requirement that a jury’s verdict ‘must be based upon the evidence developed at the trial’ goes to the fundamental integrity of all that is embraced in the constitutional concept of trial by jury”
- State of Arizona v. Edward Littleton McCauley, 589 P.3d 413 (Ariz. 2026).publishedFailure To Properly Investigate Juror 6’s Misconduct ¶122 “The requirement that a jury’s verdict must be based upon the evidence developed at the trial goes to the fundamental integrity of all 42 that is embraced in the constitutional conc…
- Rodregus Morgan v. State of Indiana, 277 N.E.3d 561 (Ind. Ct. App. 2026).published“the fundamental integrity of all that is embraced in the constitutional concept of trial by jury”
- McBee v. Douglas, No. 2:20-cv-12496 (E.D. Mich. Oct. 7, 2025).“based upon the evidence developed at the trial”
- Garay 949384 v. Tasson, No. 2:24-cv-00202 (W.D. Mich. July 26, 2025).“based upon the evidence developed at the trial”
- United States v. Hassan, 144 F.4th 1131 (9th Cir. 2025).published The Sixth Amendment guarantees “the defendant’s right of confrontation, of cross-examination, and of counsel.” Turner v. Louisiana, 379 U.S. 466, 473 (1965).
- Tracey Brown v. Attorney Gen. for the State of Nevada, 140 F.4th 1069 (9th Cir. 2025).published The Sixth Amendment guarantees a criminal defendant a fair trial by a panel of impartial jurors who can “lay aside [their] impression[s] or opinion[s] and render a verdict based on the evidence presented in court.” Irvin v. Dowd, 366 U.S.…
- Jeremiah Sweeney v. Richard Graham, Jr., No. 22-6513 (4th Cir. Mar. 13, 2025).unpublishedThis right “goes to the fundamental integrity of all that is embraced in the constitutional concept of trial by jury.” Id. at 472 (quotation omitted).
- Com. v. Eaddy, A., No. 738 EDA 2024 (Pa. Super. Ct. Feb. 26, 2025).unpublished It is axiomatic that due process requires that a criminal defendant have a fair trial by an impartial jury whose verdict is based upon evidence developed “in a public courtroom where there is full judicial protection of the defendant’s rig…
- George 645669 v. Rewerts, No. 2:19-cv-00201 (W.D. Mich. Aug. 12, 2024).“based upon the evidence developed at the trial”
- United States v. Sanchez, No. 22-6207 (10th Cir. Apr. 8, 2024).unpublished“based [solely] upon the evidence developed at the trial”
- Commonwealth v. Weeden, A., 304 A.3d 333 (Pa. 2023).publishedAlthough Weeden invokes both Constitutions, he does not argue that Pennsylvania’s Confrontation Clause provides greater protections than its federal counterpart. 10 See Majority Op. at 28-29. 11 See Davis v. Washington, 547 U.S. 813, 822 (…
- (HC) Hernandez v. Gastelo, No. 2:19-cv-02414 (E.D. Cal. Aug. 30, 2023).A criminal 11 defendant is entitled to a jury that reaches a verdict on the basis of evidence produced at trial. 12 Turner v. Louisiana, 379 U.S. 466, 472 (1965); Estrada v. Scribner, 512 F.3d 1227, 1238 (9th Cir. 13 2004).
- Lesure v. Rewerts, No. 2:22-cv-11725 (E.D. Mich. June 14, 2023)."This guarantee requires a jury to arrive at its verdict 'based upon the evidence developed at the trial.'" Smith v. Nagy, 962 F.3d 192, 199 (6th Cir. 2020)(quoting Turner v. Louisiana, 379 U.S. 466, 472 (1965)).
- Pettaway v. Barber, 645 F. Supp. 3d 1269 (M.D. Ala. 2022).published“theory’ that the jury’s verdict be based solely upon the evidence offered at trial ‘goes to the fundamental integrity of all that is embraced in the constitutional concept of trial by jury”
- Samuel Fields v. Scott Jordan, 54 F.4th 871 (6th Cir. 2022).published (holding that the testifying officers’ continuous and intimate association with the jurors outside of the courtroom violated the defendant’s constitutional rights)
- McGail v. Warden North Cent. Corr. Inst., No. 3:22-cv-00119 (S.D. Ohio Nov. 30, 2022).Merits The Positions of the Parties McGail’s sole ground for relief claims he was denied a fair trial by juror misconduct in violation of his Sixth Amendment rights to be convicted only upon evidence introduced in open court and to confron…
- State of West Virginia v. A.B., No. 20-0744 (W. Va. Nov. 18, 2022).It was so written into our law as early as 1807 by Chief Justice Marshall in 1 Burr’s Trial 416 * * *.” Turner, 379 U.S. at 472 (citations omitted). 1 from the fact of the conflict.
- Clark v. Chappell, No. 3:97-cv-20618 (N.D. Cal. May 9, 2022).“In the constitutional sense, trial by jury in a 13 criminal case necessarily implies at the very least that the evidence developed against a defendant 14 shall come from the witness stand in a public courtroom where the…”
- Com. v. Washington, D., No. 1035 MDA 2021 (Pa. Super. Ct. Dec. 21, 2021).unpublished“be based upon the evidence developed at the trial . . . regardless of the heinousness of the crime charged, the apparent guilt of the offender or the station in life which he occupies”
- (HC) DeAnda v. Koenig, No. 2:18-cv-01029 (E.D. Cal. Aug. 30, 2021).Turner v. Louisiana, 379 U.S. 466, 472 (1965); Estrada v. Scribner, 512 F.3d 1227 , 1238 15 (9th Cir. 2004). 16 Voir dire examinations protect the right to a fair trial by exposing biases that could result 17 in a juror being excused for c…
- Tong Xiong v. Tom Felker, 681 F.3d 1067 (9th Cir. 2012).published
- People v. Alexander, 908 N.E.2d 173 (Ill. App. Ct. 3d Dist. 2009).published
- In re Willon, 47 Cal. App. 4th 1080 (Cal. Ct. App. 1996).published
- Dillard v. State, 3 A.3d 403 (Md. 2010).published
- Pyles v. Johnson, No. 19-70018 (5th Cir. Mar. 25, 1998).published
- Parker v. Gladden, 385 U.S. 363 (1966).published
- Crittenden v. Ornoski, No. 05-99006 (9th Cir. Aug. 20, 2010).published
- Gamache v. California, 562 U.S. 1083 (2010).
- United States v. Cunningham, Harold, No. 97-3017 (D.C. Cir. June 19, 1998).published
- United States v. Lampkin, Melvin L., No. 96-3128 (D.C. Cir. Nov. 3, 1998).published
- United States v. Santana, No. 97-1604 (1st Cir. Apr. 28, 1999).published
- United States v. Ofray-Campos, 534 F.3d 1 (1st Cir. 2008).published
- Mark Tedeschi v. Debra Dexter, 414 F. App'x 88 (9th Cir. 2011).unpublished
- United States v. Don Eugene Siegelman, 640 F.3d 1159 (11th Cir. 2011).published
- Samuel H. Sheppard v. E. L. Maxwell, 346 F.2d 707 (6th Cir. 1965).published
- United States v. Robert Llewelyn Love, United States of Am. v. Arthur Luray Lyon, 535 F.2d 1152 (9th Cir. 1976).published
- United States v. Willie Decoster, Jr., 624 F.2d 196 (D.C. Cir. 1979).published
- United States v. Martinez Malone, 947 F.2d 951 (9th Cir. 1991).unpublished
- Charles M. Franklin v. Charles Adkins & Indiana Attorney Gen., 993 F.2d 1549 (7th Cir. 1993).unpublished
- Sheppard v. Bagley, 657 F.3d 338 (6th Cir. 2011).published
- In re Leon A. Kendall v., 712 F.3d 814 (3d Cir. 2013).published
- State of Tennessee v. Gary Wayne McCullough, No. E2010-01126-CCA-R9-CD (Tenn. Crim. App. Apr. 12, 2011).published
- Lozano v. State, 584 So. 2d 19 (Fla. 3d DCA 1991).published
- State v. Glenn, 943 So. 2d 1277 (La. Ct. App. 2006).published
- People v. Aranda, 407 P.2d 265 (Cal. 1965).published
- People v. Stanley, 897 P.2d 481 (Cal. 1995).published
- Schnepp v. Fogliani, 425 P.2d 141 (Nev. 1967).published
- State v. Lyles, 380 S.E.2d 390 (N.C. Ct. App. 1989).published
- DeCorte v. New York Cent. R.R., 140 N.W.2d 479 (Mich. 1966).published
- State ex rel. Trump v. Hott, 421 S.E.2d 500 (W. Va. 1992).published
- Trice v. Baldwin, 915 P.2d 456 (Or. Ct. App. 1996).published
- State v. Kelley, 451 S.E.2d 425 (W. Va. 1994).published
- Zant v. Nelson, 296 S.E.2d 590 (Ga. 1982).published
- Watkins v. State, 229 S.E.2d 465 (Ga. 1976).published
- In re Montgomery, 471 P.2d 15 (Cal. 1970).published
- State v. Biegenwald, 524 A.2d 130 (N.J. 1987).published
- State v. Gary, 550 A.2d 1259 (N.J. Super. Ct. App. Div. 1988).published
- Sanborn v. Commonwealth, 754 S.W.2d 534 (Ky. 1988).published
- State v. Poh, 343 N.W.2d 108 (Wis. 1984).published
- People v. Davis, 913 N.E.2d 536 (Ill. App. Ct. 1st Dist. 2009).published
- People v. James, 710 N.E.2d 484 (Ill. App. Ct. 2d Dist. 1999).published
- People v. Oliver, 196 Cal. App. 3d 423 (Cal. Ct. App. 1987).published
- People v. Andrews, 149 Cal. App. 3d 358 (Cal. Ct. App. 1983).published
- State v. Koedatich, 548 A.2d 939 (N.J. 1988).published
- People v. Pitts, 223 Cal. App. 3d 606 (Cal. Ct. App. 1990).published
- State v. Messelt, 518 N.W.2d 2312 (Wis. 1994).published
- People v. Baldine, 94 Cal. App. 4th 773 (Cal. Ct. App. 2001).published
- People v. Cumpian, 1 Cal. App. 4th 307 (Cal. Ct. App. 1991).published
- State v. Engel, 592 A.2d 572 (N.J. Super. Ct. App. Div. 1991).published
- Commonwealth v. Beneche, 933 N.E.2d 951 (Mass. 2010).published
- People v. Steele, 47 P.3d 225 (Cal. 2002).published
- People v. Gamache, 227 P.3d 342 (Cal. 2010).published
- People v. Wilson, 187 P.3d 1041 (Cal. 2008).published
- People v. Page, 186 P.3d 395 (Cal. 2008).published
- State v. Balisok, 843 P.2d 1086 (Wash. Ct. App. 1993).published
- Ernesto Roberto Ramirez v. State of Indiana, 7 N.E.3d 933 (Ind. 2014).published
- Jason Hurst v. Carlton Joyner, 757 F.3d 389 (4th Cir. 2014).published
- People v. Nelson, 125 A.D.3d 58 (N.Y. App. Div. 2d Dep't 2014).published
- People v. Morris, 239 Cal. App. 4th 276 (Cal. Ct. App. 2015).published
- McQuarrie, Thomas, No. PD-0803-11 (Tex. Crim. App. Oct. 10, 2012).published
- Sherman v. Smith, No. 94-6831 (4th Cir. July 17, 1996).published
- Robinson v. Polk, No. 05-1 (4th Cir. Feb. 14, 2006).published
- Doan v. Brigano, No. 98-4243 (6th Cir. Jan. 19, 2001).published
- Stumpf v. Houk, No. 01-3613 (6th Cir. Aug. 11, 2011).published
- Raef v. Appellate Div. of the Superior Court, 240 Cal. App. 4th 1112 (Cal. Ct. App. 2015).published
- David A. Raley v. Eddie Ylst, 470 F.3d 792 (9th Cir. 2006).published
- Fields v. Brown, No. 00-99005 (9th Cir. Sept. 10, 2007).published
- Estrada v. Scribner, 512 F.3d 1227 (9th Cir. 2008).published
- Cook v. LaMarque, 593 F.3d 810 (9th Cir. 2010).published
- People v. Walker, 685 N.E.2d 997 (Ill. App. Ct. 1st Dist. 1997).published
- Martin v. State, 779 S.E.2d 342 (Ga. 2015).published
- Murphy v. State, 787 S.E.2d 721 (Ga. 2016).published
- State of New Jersey Vs. Anthony C. Ridgeway, No. A-1811-14T3 (N.J. Super. Ct. App. Div. Dec. 5, 2017).unpublished
- Jason Pappas v. Amy Miller, No. 16-55191 (9th Cir. Oct. 23, 2018).unpublished
- McNeil v. State, No. 45766 (Idaho Ct. App. Oct. 8, 2019).unpublished
- United States v. Corrine Brown, 947 F.3d 655 (11th Cir. 2020).published
- Keith Smith v. Noah Nagy, 962 F.3d 192 (6th Cir. 2020).published
- Moody v. State, 95 So. 3d 827 (Ala. Crim. App. 2011).published
- People v. Nesler, 941 P.2d 87 (Cal. 1997).published
- Beltran v. Knowles, 121 F. App'x 182 (9th Cir. 2005).unpublished
- State v. Jeune, 409 S.E.2d 919 (N.C. Ct. App. 1991).published
- People v. Key, 2019 IL App (2d) 170091-U.unpublished
- (DP) Catlin v. Davis, No. 1:07-cv-01466, 2019 WL 6885017 (E.D. Cal. Dec. 17, 2019).
- (HC) Gray v. Muniz, No. 2:16-cv-01577 (E.D. Cal. Mar. 26, 2020).
- Grey v. Montgomery, No. 3:16-cv-02764 (S.D. Cal. Oct. 15, 2019).
- Moseley v. Smith, No. 1:16-cv-00211 (N.D. Ill. Aug. 19, 2019).
- Whitt v. Farris, No. 4:17-cv-00632 (N.D. Okla. Jan. 28, 2021).
- Haniffy v. NHSP Warden, 2010 DNH 014 (D.N.H. 2010).published
- Byron Ashley Parker v. Frederick J. Head, 244 F.3d 831 (11th Cir. 2001).published
- Willie McNair v. Donal Campbell, 416 F.3d 1291 (11th Cir. 2005).published
- Pointer v. Texas, 380 U.S. 400 (1965).published
- Estes v. Texas, 381 U.S. 532 (1965).published
- Don C. Silverthorne v. United States, 400 F.2d 627 (9th Cir. 1968).published
- Thomas Ralph Farese v. United States, 428 F.2d 178 (5th Cir. 1970).published
- Gov't of the Virgin Islands v. Beaumont Gereau, 523 F.2d 140 (3d Cir. 1975).published
- United States v. John Barker, 542 F.2d 479 (8th Cir. 1976).published
- Bulger v. McClay, 575 F.2d 407 (2d Cir. 1978).published
- United States v. Mary Josephine Vasquez, 597 F.2d 192 (9th Cir. 1979).published
- United States v. Paul C. Perkins, 748 F.2d 1519 (11th Cir. 1984).published
- Leonard Lacy v. Joseph Gardino, 791 F.2d 980 (1st Cir. 1986).published
- Robert Lee Norris v. Henry Risley, 878 F.2d 1178 (9th Cir. 1989).published
- Robert Lee Norris v. Henry Risley, 918 F.2d 828 (9th Cir. 1990).published
- United States v. Alex Simmons, 923 F.2d 934 (2d Cir. 1991).published
- United States v. Darrell L. Harber, 53 F.3d 236 (9th Cir. 1995).published
- Timothy Scott Sherman v. William L. Smith, 89 F.3d 1134 (4th Cir. 1996).published
- Patrick James Jeffries v. Tana Wood, 114 F.3d 1484 (9th Cir. 1997).published
- United States v. Melvin L. Lampkin, 159 F.3d 607 (D.C. Cir. 1999).published
- Christopher Loliscio v. Glenn Goord, 263 F.3d 178 (2d Cir. 2001).published
- Vincent Scott Vigil v. Aristedes W. Zavaras & the Attorney Gen. of the State of Colorado, 298 F.3d 935 (10th Cir. 2002).published
- Marcus Reymond Robinson v. Marvin L. Polk, 438 F.3d 350 (4th Cir. 2006).published
- Black v. Workman, 682 F.3d 880 (10th Cir. 2012).published
- State v. Tucker, 845 P.2d 904 (Or. 1993).published
- Allen v. State, 597 A.2d 489 (Md. Ct. Spec. App. 1991).published
- Noe v. Commonwealth, 396 S.W.2d 808 (Ky. Ct. App. 1965).published
- Gore v. Dugger, 763 F. Supp. 1110 (M.D. Fla. 1989).published
- United States v. Pinto, 486 F. Supp. 578 (E.D. Pa. 1980).published
- Schlabach v. State, 842 N.E.2d 411 (Ind. Ct. App. 2006).published
- Franklin v. State, 533 N.E.2d 1195 (Ind. 1989).published
- United States v. Blair, 444 F. Supp. 1273 (D.D.C. 1978).published
- Waye v. State, 263 N.E.2d 165 (Ind. 1970).published
- United States ex rel. Eddington v. Lane, 617 F. Supp. 392 (N.D. Ill. 1985).published
- State ex rel. Koster v. McElwain, 340 S.W.3d 221 (Mo. Ct. App. 2011).published
- Calley v. Callaway, 382 F. Supp. 650 (M.D. Ga. 1974).published
- State v. Miller, 875 P.2d 788 (Ariz. 1994).published
- Gonzales v. Adams, 370 F. App'x 867 (9th Cir. 2010).unpublished
- State v. Barry, 352 P.3d 161 (Wash. 2015).published
- People v. Sanders, 203 Cal. App. 3d 1510 (Cal. Ct. App. 1988).published
- Commonwealth v. Price, 307 A.2d 374 (Pa. Super. Ct. 1973).published
- Watts v. Mahally, 247 F. Supp. 3d 605 (E.D. Pa. 2017).published
- State v. Asherman, 478 A.2d 227 (Conn. 1984).published
- United States v. Howard, 506 F.2d 865 (5th Cir. 1975).published
- United States v. Simmons, 923 F.2d 934 (2d Cir. 1991).published
At page 473 Prejudice from continuous witness-juror association during trial57 citing cases“in the constitutional sense, trial by jury in a criminal case necessarily implies at the very least that the 'evidence developed' against a defendant shall come from the witness stand in a public courtroom where there is full judicial protection of the defendant's right of confrontation, of cross-e…”
- Adames-Garcia v. Divris, 181 F.4th 212 (1st Cir. 2026).published (We deal here not with a brief encounter, but with a continuous and intimate association throughout a three-day trial . . . .)
- Raynard Cummings v. Michael Martel, 796 F.3d 1135 (9th Cir. 2015).published MARTEL 41 379 U.S. at 474 (“[T]he role that Simmons and Rispone played as deputies made the association even more prejudicial.
- Samuel Fields v. Scott Jordan, 86 F.4th 218 (6th Cir. 2023).published (In the constitutional sense, trial by jury in a criminal case necessarily implies at the very least that the ‘evidence developed’ against a defendant shall come from the witness stand in a public courtroom where there…)
- Davis, Jr. v. Payne, No. 4:18-cv-01534 (E.D. Mo. Sept. 30, 2021). (trial by jury in a criminal case necessarily implies at the very least that the ‘evidence developed’ against a defendant shall come from the witness stand in a public courtroom where there is full judicial protection o…)
- Finch v. State, 542 S.W.3d 143 (Ark. 2018).published ([T]he 'evidence developed' against a defendant shall come from the witness stand in a public courtroom where there is full judicial protection of the defendant's right of confrontation, of cross-examination, and of cou…)
- Johnson v. State, 31 A.3d 239 (Md. 2011).published ([T]he ‘evidence developed’ against a defendant shall come from the witness stand in a public courtroom where there is full judicial protection of the defendant’s right of confrontation, of cross-examination, and of cou…)
- State v. Richard Alexander Murdaugh, 931 S.E.2d 294 (S.C. 2026).published It further recognized that "'it would be blinking reality not to recognize the extreme prejudice inherent' in such statements that reached at least three members of the jury and one alternate member." Id. (quoting Turner v. Louisiana, 379…
- United States v. Hassan, 144 F.4th 1131 (9th Cir. 2025).published “the defendant’s right of confrontation, of cross-examination, and of counsel”
- Tracey Brown v. Attorney Gen. for the State of Nevada, 140 F.4th 1069 (9th Cir. 2025).published The Sixth Amendment guarantees a criminal defendant a fair trial by a panel of impartial jurors who can “lay aside [their] impression[s] or opinion[s] and render a verdict based on the evidence presented in court.” Irvin v. Dowd, 366 U.S.…
- Com. v. Eaddy, A., No. 738 EDA 2024 (Pa. Super. Ct. Feb. 26, 2025).unpublished “in a public courtroom where there is full judicial protection of the defendant’s right of confrontation, of cross-examination, and of counsel”
Show 47 more citing cases
- State v. Durham, 2024-Ohio-3289, 251 N.E.3d 788.publishedTurner v. Louisiana, 379 U.S. 466, 473 (1965).
- Bomar v. Beard, No. 2:04-cv-01730 (E.D. Pa. Apr. 5, 2024). (permitting deputies who were the lead witnesses at trial to serve as jurors’ “official guardians” throughout trial was prejudicial)
- Michael David Carruth v. Comm'r, 93 F.4th 1338 (11th Cir. 2024).publishedTurner v. Louisiana, 379 U.S. 466, 473 (1965); see also Remmer v. United States, 347 U.S. 227, 229 (1954) (“In a criminal case, any private communication, contact, or tampering directly or indirectly, with a juror during a trial about the…
- People v. Taylor, No. H046288 (Cal. Ct. App. Aug. 11, 2022).unpublished(two sheriff deputies that were in close and continual contact with the jurors later testified as witnesses for the prosecution)
- Schoicket v. State, 865 S.E.2d 170 (Ga. 2021).published Moreover, the defendant could raise issues as diverse as asking the trial court to weigh the evidence as the “13th juror”; 19 to consider questions of alleged prosecutorial misconduct in discovery; 20 to consider questions of improper comm…
- Com. v. Harris, R., No. 2093 EDA 2017 (Pa. Super. Ct. Aug. 24, 2021).unpublishedThe Parker Court reversed, holding: As we said in Turner v. State of Louisiana, [ 379 U.S. 466, 473 (1965)], [“]it would be blinking reality not to recognize the extreme prejudice inherent[”] in such statements that reached at least three…
- Kevin Cooper v. Arthur Calderon, 255 F.3d 1104 (9th Cir. 2001).published
- Tong Xiong v. Tom Felker, 681 F.3d 1067 (9th Cir. 2012).published
- Parker v. Gladden, 385 U.S. 363 (1966).published
- United States v. Martinez Malone, 947 F.2d 951 (9th Cir. 1991).unpublished
- State ex rel. Trump v. Hott, 421 S.E.2d 500 (W. Va. 1992).published
- Ernesto Roberto Ramirez v. State of Indiana, 7 N.E.3d 933 (Ind. 2014).published
- People v. Nelson, 125 A.D.3d 58 (N.Y. App. Div. 2d Dep't 2014).published
- Fields v. Brown, No. 00-99005 (9th Cir. Sept. 10, 2007).published
- Whitt v. Farris, No. 4:17-cv-00632 (N.D. Okla. Jan. 28, 2021).
- Haniffy v. NHSP Warden, 2010 DNH 014 (D.N.H. 2010).published
- United States v. Campa, 529 F.3d 980 (11th Cir. 2006).published
- Estelle v. Williams, 425 U.S. 501 (1976).published
- Gentile v. State Bar of Nev., 501 U.S. 1030 (1991).published
- Frank Smith v. James A. Collins, 977 F.2d 951 (5th Cir. 1993).published
- French v. State, 778 N.E.2d 816 (Ind. 2002).published
- David Keen v. State of Tennessee, No. W2004-02159-CCA-R3-PD (Tenn. Crim. App. June 5, 2006).published
- State v. Rodriguez, 460 P.2d 711 (Idaho 1969).published
- People v. Sirhan, 497 P.2d 1121 (Cal. 1972).published
- People v. Hobley, 696 N.E.2d 313 (Ill. 1998).published
- People v. Turner, 145 Cal. App. 3d 658 (Cal. Ct. App. 1983).published
- People v. Santamaria, 229 Cal. App. 3d 269 (Cal. Ct. App. 1991).published
- Jenkins v. State, 806 A.2d 682 (Md. Ct. Spec. App. 2002).published
- Espinoza v. Superior Court, 28 Cal. App. 4th 957 (Cal. Ct. App. 1994).published
- State v. Pate, 859 S.W.2d 867 (Mo. Ct. App. 1993).published
- Majors v. State, 2011 WY 63, 252 P.3d 435.published
- Gregory Agnew v. Blair J. Leibach, 250 F.3d 1123 (7th Cir. 2001).published
- Yorie Von Kahl v. United States, 242 F.3d 783 (8th Cir. 2001).published
- Balderas, Juan A/K/A Apache, No. AP-77,036 (Tex. Apr. 28, 2015).published
- Smith v. Aldridge, 904 F.3d 874 (10th Cir. 2018).published
- William Barnes v. Edward Thomas, 984 F.3d 276 (4th Cir. 2019).published
- McDonald v. State, 775 N.E.2d 1195 (Ind. Ct. App. 2002).published
- Hawkins v. Estelle, 364 F. Supp. 394 (S.D. Tex. 1973).published
- United States v. Darrell L. Harber, 53 F.3d 236 (9th Cir. 1995).published
- Marcus Reymond Robinson v. Marvin L. Polk, 438 F.3d 350 (4th Cir. 2006).published
- United States v. Titsworth, 422 F. Supp. 587 (D. Neb. 1976).published
- Minor v. State, 914 So. 2d 372 (Ala. Crim. App. 2004).published
- Commonwealth v. Croll, 480 A.2d 266 (Pa. 1984).published
- People v. Ryner, 164 Cal. App. 3d 1075 (Cal. Ct. App. 1985).published
- People v. Quinteros, No. D063547 (Cal. Ct. App. Sept. 23, 2014).unpublished
- United States v. Mark Mason Alexander, 782 F.3d 1251 (11th Cir. 2015).published
- People v. Jackson, 236 N.E.2d 102 (Ill. App. Ct. 1968).published
At page 471 Defining the nature of the jury trial right39 citing casesjury consulted medical text concerning blood types and medication
- Samuel Fields v. Scott Jordan, 86 F.4th 218 (6th Cir. 2023).published See Turner v. Louisiana, 379 U.S. 466 , 472-73 (1965) (“In the constitutional sense, trial by jury in a criminal case necessarily implies at the very least that the ‘evidence developed’ against a defendant shall come from the witness stand…
- People v. Wiggins, 2025 NY Slip Op 06539 (N.Y. 2025).published A. Every defendant is entitled to a fair trial ( People v Arnold , 96 NY2d 358, 362 [2001]; Turner v Louisiana , 379 US 466, 471-472 [1965]).
- People v. Prince, 2024 IL App (2d) 230027, 253 N.E.3d 952.published “The failure to accord an accused a fair hearing violates even the minimal standards of due process.” People v. Cole, 54 Ill. 2d 401, 411 (1973) (citing Turner v. Louisiana, 379 U.S. 466, 471-72 (1965)).
- People v. Rosario, 2021 IL App (4th) 190794-U.unpublishedApp. 3d 93, 112-13 , 630 N.E.2d -9- 1301, 1314 (1994) (citing Turner v. Louisiana, 379 U.S. 466, 471-72 (1965)).
- David James Martin v. State of Florida, 322 So. 3d 25 (Fla. 2021).publishedMorgan v. Illinois, 504 U.S. 719, 726-27 (1992); Turner v. Louisiana, 379 U.S. 466, 471-72 (1965).
- Jenkins v. State, 825 A.2d 1008 (Md. 2003).published
- William Barnes v. Carlton Joyner, 751 F.3d 229 (4th Cir. 2014).published
- Ham v. South Carolina, 409 U.S. 524 (1973).published
- Rushen v. Spain, 464 U.S. 114 (1983).published
- Tong Xiong v. Tom Felker, 681 F.3d 1067 (9th Cir. 2012).published
Show 27 more citing cases
- State v. Bryant, 191 S.E.2d 745 (N.C. 1972).published
- Hovey v. Superior Court, 616 P.2d 1301 (Cal. 1980).published
- State v. Barnes, 481 S.E.2d 44 (N.C. 1997).published
- State v. Harley, 656 A.2d 954 (R.I. 1995).published
- Fosness v. Panagos, 138 N.W.2d 380 (Mich. 1965).published
- Evans v. State, 637 A.2d 117 (Md. 1994).published
- People v. Alexander, 908 N.E.2d 173 (Ill. App. Ct. 3d Dist. 2009).published
- In re Willon, 47 Cal. App. 4th 1080 (Cal. Ct. App. 1996).published
- Dillard v. State, 3 A.3d 403 (Md. 2010).published
- People v. Roldan, 110 P.3d 289 (Cal. 2005).published
- State v. Pearce, 192 P.3d 1065 (Idaho 2008).published
- State of Iowa v. Bradley William Arterburn, No. 4-016 / 13-0035 (Iowa Ct. App. Apr. 30, 2014).published
- Sanchez, Arthur Garcia, No. PD-1230-04 (Tex. Crim. App. June 22, 2005).published
- Stumpf v. Anderson, No. 01-3613 (6th Cir. Apr. 28, 2004).published
- Robert E. Claudio v. State of Indiana (mem. dec.), No. 85A02-1611-CR-2709 (Ind. Ct. App. May 18, 2017).published
- Christopher J. Wood v. Sec'y, Dep't of Corr., 793 F. App'x 813 (11th Cir. 2019).unpublished
- State v. Hartley, 656 A.2d 954 (R.I. 1995).published
- State v. Locklear, 212 S.E.2d 194 (N.C. Ct. App. 1975).published
- Chambers v. State, 739 S.E.2d 513 (Ga. Ct. App. 2013).published
- (DP) Dickey v. Davis, No. 1:06-cv-00357 (E.D. Cal. Sept. 13, 2019).
- Ezell 73933 v. Skipper, No. 1:20-cv-01232 (W.D. Mich. Jan. 7, 2021).
- Lail v. Hooks, No. 3:18-cv-00518 (W.D.N.C. Sept. 30, 2019).
- People v. Thomas, 2021 IL App (4th) 190280-U.unpublished
- Taylor 408375 v. Huss, No. 1:20-cv-01233 (W.D. Mich. Sept. 12, 2024).
- Jessamy v. Lamanna, No. 7:21-cv-09242 (S.D.N.Y. July 11, 2025).
- Brookins v. State, 879 S.E.2d 466 (Ga. 2022).published
- Yekimoff v. Seastrand, 2004 DNH 052 (D.N.H. 2004).published
At page 467 Examining witness bias and jury impartiality in criminal trial13 citing casesreversing a criminal conviction without a showing of SUPREME COURT OF NEVADA 5 (0) 1947A ea prejudice because two of the sheriffs deputies (who were "key witnesses" at trial and testified regarding disputed facts
- Adames-Garcia v. Divris, 181 F.4th 212 (1st Cir. 2026).published Cf. Turner v. Louisiana, 379 U.S. 466, 473 (1965) ("We deal here not with a brief encounter, but with a continuous and intimate association throughout a three-day trial . . . ."). 10 It is true that Judge Tuttman specifically avoided quest…
- Raynard Cummings v. Michael Martel, 796 F.3d 1135 (9th Cir. 2015).published MARTEL 41 379 U.S. at 474 (“[T]he role that Simmons and Rispone played as deputies made the association even more prejudicial.
- Samuel Fields v. Scott Jordan, 86 F.4th 218 (6th Cir. 2023).published See Turner v. Louisiana, 379 U.S. 466 , 472-73 (1965) (“In the constitutional sense, trial by jury in a criminal case necessarily implies at the very least that the ‘evidence developed’ against a defendant shall come from the witness stand…
- Davis, Jr. v. Payne, No. 4:18-cv-01534 (E.D. Mo. Sept. 30, 2021). The Supreme Court has made clear that “a jury’s verdict “must be based [only] upon the evidence developed at the trial.” See Irvin v. Dowd, 366 U.S. 717, 722 (1961); see also Turner v. Louisiana, 379 U.S. 466 , 472-73 (1965) (“trial by jur…
- State v. Richard Alexander Murdaugh, 931 S.E.2d 294 (S.C. 2026).published It further recognized that "'it would be blinking reality not to recognize the extreme prejudice inherent' in such statements that reached at least three members of the jury and one alternate member." Id. (quoting Turner v. Louisiana, 379…
- Samuel Fields v. Scott Jordan, 54 F.4th 871 (6th Cir. 2022).published Shortly thereafter, the Court expounded on that concept to require “at the very least that the ‘evidence developed’ against a defendant shall come from the witness stand in a public courtroom where there is full judicial protection of the…
- Kevin Cooper v. Arthur Calderon, 255 F.3d 1104 (9th Cir. 2001).published
- State v. Dotson, 256 So. 2d 594 (La. 1971).published
- Williams v. Thurmer, 561 F.3d 740 (7th Cir. 2009).published
- William Barnes v. Carlton Joyner, 751 F.3d 229 (4th Cir. 2014).published
Show 1 more citing case
- Barral (dustin) Vs. State, 2015 NV 52 (Nev. 2015).published
At page 474 Prejudice from juror-witness relationships during trial10 citing cases[T]he role that Simmons and Rispone played as deputies made the association even more prejudicial. For the relationship was one which could not but foster the jurors’ confidence in those who were their official guardians during the entire period of the trial.
- Raynard Cummings v. Michael Martel, 796 F.3d 1135 (9th Cir. 2015).published ([T]he role that Simmons and Rispone played as deputies made the association even more prejudicial. For the relationship was one which could not but foster the jurors’ confidence in those who were their official guardia…)
- Bomar v. Beard, No. 2:04-cv-01730 (E.D. Pa. Apr. 5, 2024). Cf. Parker v. Gladden, 385 U.S. 363, 363-65 (1966) (bailiff’s statement to jurors that defendant was guilty and that even if the jury were to make a mistake in finding him guilty, the Supreme Court would correct it were prejudicial); Turne…
- Bryan Jamal Dunn v. State of Texas, No. 08-23-00040-CR (Tex. App.—El Paso Aug. 15, 2023).published(reversing defendant’s conviction where jurors were permitted to fraternize with two key prosecution witnesses who were deputy sheriffs assigned to act as their “official guardians” during the trial)
- William Barnes v. Carlton Joyner, 751 F.3d 229 (4th Cir. 2014).published
- United States v. Matta-Quinones, 140 F.4th 1 (1st Cir. 2025).published
- Espinoza v. Superior Court, 28 Cal. App. 4th 957 (Cal. Ct. App. 1994).published
- People v. Cummings, 850 P.2d 1 (Cal. 1993).published
- Bass v. State, 674 S.E.2d 255 (Ga. 2009).published
- Commonwealth v. Saunders, 478 N.E.2d 960 (Mass. App. Ct. 1985).published
- People v. Sanders, 203 Cal. App. 3d 1510 (Cal. Ct. App. 1988).published
At page 468 Deputies' close contact with sequestered jurors6 citing casestwo prosecution witnesses served among the bailiffs in charge of the sequestered jury, but without discussing the case
- Adames-Garcia v. Divris, 181 F.4th 212 (1st Cir. 2026).published Cf. Turner v. Louisiana, 379 U.S. 466, 473 (1965) ("We deal here not with a brief encounter, but with a continuous and intimate association throughout a three-day trial . . . ."). 10 It is true that Judge Tuttman specifically avoided quest…
- Raynard Cummings v. Michael Martel, 796 F.3d 1135 (9th Cir. 2015).published MARTEL 41 379 U.S. at 474 (“[T]he role that Simmons and Rispone played as deputies made the association even more prejudicial.
- Conner v. Polk, No. 04-23 (4th Cir. May 3, 2005).published These distinguishing factors are significant for the reason that noth- ing here suggests that the jury was not "capable and willing to decide the case solely on the evidence before it." Smith, 455 U.S. at 217 (emphasis added); see Turner,…
- People v. Gaines, 430 N.E.2d 1046 (Ill. 1981).published
- Mitchum v. State, 834 S.E.2d 65 (Ga. 2019).published
- United States v. Matta-Quinones, 140 F.4th 1 (1st Cir. 2025).published
At page 466 Review of death penalty conviction following murder trial3 citing cases379 U.S. 466 (1965) TURNER v. LOUISIANA. No. 53. Supreme Court of United States. Argued November 19, 1964. Decided January 18, 1965. CERTIORARI TO THE SUPREME…
- Adames-Garcia v. Divris, 181 F.4th 212 (1st Cir. 2026).published Cf. Turner v. Louisiana, 379 U.S. 466, 473 (1965) ("We deal here not with a brief encounter, but with a continuous and intimate association throughout a three-day trial . . . ."). 10 It is true that Judge Tuttman specifically avoided quest…
- (HC) Hill v. Arnold, No. 2:17-cv-02200 (E.D. Cal. Dec. 8, 2021).Turner, 379 U.S. at 466; Estrada, 512 F.3d at 1238 ; Raley v. Ylst, 470 4 F.3d 792 , 803 (9th Cir. 2006).
- Bauberger v. Haynes, 632 F.3d 100 (4th Cir. 2011).published
13 L. Ed. 2d at 426 cited at this page2 citing cases
- Jenkins v. State, 825 A.2d 1008 (Md. 2003).published
- People v. Gaines, 430 N.E.2d 1046 (Ill. 1981).published
85 S. Ct. at 547 Prejudice caused by witness bias and jury confidence2 citing cases
- People v. Gaines, 430 N.E.2d 1046 (Ill. 1981).published
- State v. Dotson, 256 So. 2d 594 (La. 1971).published
v.
Louisiana
Lead Opinion
delivered the opinion of the Court.
The petitioner, Wayne Turner, was indicted in Tangipahoa Parish, Louisiana, upon a charge of murder committed during the course of a robbery. After a three-day trial a jury found him guilty as charged. . He was sentenced to death. The conviction was affirmed by the Supreme Court of Louisiana,[1] and we granted certiorari[2] to consider the claim that the circumstances attending[*467] the trial were such as to deprive Turner of a right secured to him by the Fourteenth Amendment.
The two principal witnesses for the prosecution at the trial were Vincent Rispone and Hulon Simmons. Both were deputy sheriffs of Tangipahoa Parish. On direct examination Rispone described in detail an investigation he said he had made at the scene of the murder. He further testified that he. and Simmons later took Turner into custody, and that Turner had led them to a place in the woods where the cartridge clip from the murder weapon was recovered. Simmons corroborated Rispone’s testimony about apprehending Turner and finding the cartridge clip, and also told of certain damaging admission^ which he said had been made by Turner at the time of his apprehension. In addition, Simmons described the circumstances under which he said he had later prevailed upon Turner to make a written confession. This confession was introduced in evidence. Both Rispone and Simmons were cróssrexamined at length with respect to all aspects of their testimony. Turner did not take the witness stand in his own behalf.[3]
The members of the jury were sequestered in accordance with Louisiana law during the course of the trial,[4] and were “placed in charge of the Sheriff” by the[*468] trial judge. In practice, this meant that the jurors were continuously in the company of deputy sheriffs of Tangipahoa Parish during the three days that the trial lasted. The deputies drove the jurors to a restaurant for each meal, and to their lodgings each night. The deputies ate with them, conversed with them, and did errands for them.[5]
Two of the deputy sheriffs who were in this close and continual association with the jurors were Vincent Ris-pone and Hulon Simmons. Turner’s counsel moved for a mistrial when Rispone testified as a witness for the prosecution, and made the same motion when Simmons testified. The brief hearings on these motions established that both Rispone and Simmons had in fact freely mingled and conversed with the jurors in and out of the courthouse during the trial.[6] The court denied the mo-'[*469] tions, however, upon the ground that there was no showing that either deputy had talked with any member of the jury about the case itself.
[*470] The court did not direct Rispone or Simmons to cease associating with the jury, and, so far as the record shows, the association continued for the remainder of the trial. After the jury returned its verdict of guilty, Turner’s counsel filed a motion for a new trial upon substantially the same ground as had been urged in support of the. earlier motions for a mistrial — that the two principal wit-nessés for the prosecution “were in actual charge of the jury; that they were physically present with the jurors in and out of the jury room, in automobiles and in eating places with the jury members, mingling with the jurors . . . .” This motion was denied without any further evidentiary hearing, and Turner was sentenced to death by electrocution.
The bill of exceptions filed by the trial court, Upon which Turner’s appeal to the Supreme Court of Louisiana was based, clearly included a Fourteenth Amendment claim.[7] > In affirming the conviction, the. State Supreme Court said:.
“As we have pointed out, under the jurisprudence of this court unless there is a showing of prejudice, a conviction will not be set aside simply because officers who are witnesses in the case have the jury under their charge. This court is inclined to look upon the practice with disapproval, however, because in such cases there may be prejudice of a kind exceedingly difficult to establish. The practice should be especially condemned where, for instance, the testimony of the officer and that of the accused are in direct conflict and the jury is called upon to weigh the credibility of each, or where the officer is the principal[*471] prosecuting witness.” 244 La., at 454; 152 So. 2d, at 557-558.
While thus casting its judgment in terms of state law, the court’s affirmance of Turner’s conviction necessarily rejected his claim that the conduct of the trial had violated the Fourteenth Amendment.[8] We hold otherwise with respect to the federal constitutional issue, and accordingly reverse the judgment before us.
' This case does not involve the question whether the Fourteenth Amendment requires a State to accord a jury trial to a defendant charged with murder.[9] The question, rather, goes to the nature of the jury trial which the Fourteenth Amendment commands when trial by jury is what the State has purported to accord. We had occasion to consider this basic question less than four years ago in Irvin v. Dowd, 366 U. S. 717. That case did not involve the conduct of the trial itself, for there we found that the conviction. could not. constitutionally stand because the jury had been infected by prejudicé before the actual trial proceedings had commenced. But what the Court said in that case is controlling here:
“In essence, the right to jury trial guarantees to the criminally accused a fair trial by a panel of impartial, ‘indifferent’ jurors. The failure to accord an accused a fair hearing violates even the minimal[*472] standards of due process. In re Oliver, 333 U. S. 257; Tumey v. Ohio, 273 U. S. 510. ‘A fair trial in a fair tribunal is a basic requirement of due process.’ In re Murchison, 349 U. S. 133, 136. In the ultimate. analysis, only the jury can strip a man of his liberty or his life. In the language of Lord Coke, a . juror must be as ‘indifferent as he stands unswome,’ Co. Litt. 155b. His verdict must be based upon the evidence developed at the trial. Cf. Thompson v. City of Louisville, 362 U. S. 199. This is true, regardless of the heinousness of the crime charged, the apparent guilt of the offender or the station in life which he occupies.' It was so written into ou,r law as early as 1807 by Chief Justice Marshall in 1 Burr’s Trial 416 .. . .” 366 U. S., at 722.
The requirement that a jury’s verdict “must be based upon the evidence developed at the trial” goes to the fundamental integrity of all that is embraced in the constitutional concept of trial by jury.[10] “The jury is an essential instrumentality — an appendage — of the court, the body ordained to pass upon guilt or innocence. Exercise' of calm and informed judgment by its members is essential to proper enforcement of law.” Sinclair v. United States, 279 U. S. 749, 765. Mr. Justice Holmes stated no more than a truism when he ’ observed that “Any judge who has sat with juries knows that in spite. of forms they are extremely likely to be impregnated by the environing atmosphere.” Frank v. Mangum, 237 U. S. 309, at 349 (dissenting opinion).
- In the constitutional .sense, trial by jury in a. criminal case necessarily implies at the very least that the “evi[*473]dence developed” against a defendant shall come from the witness stand in a public courtroom where there is full judicial protection of the defendant’s right of confrontation, of cross-examination, and of counsel. What happened in this case operated to subvert these basic guarantees of trial by jury. It is to be emphasized that -the testimony of Vincent Rispone and Hulon Simmons was not confined to some uncontroverted or merely formal aspect of the case for the prosecution. On the contrary, the credibility which the jury attached to the testimony of these two key witnesses must inevitably have determined whether Wayne Turner was to be sent to his death. To be sure, their credibility was assailed by Turner’s counsel through cross-examination in open court. But the potentialities of what went on outside the courtroom during the three days of the trial may well have made these courtroom proceedings little more than a hollow formality. Cf. Rideau v. Louisiana, 373 U. S. 723.
It is true that at the time they testified in open court Rispone and Simmons told the trial judge that they had not talked to the jurors about the case itself. But there is nothing to show what the two deputies discussed in their conversations with the jurors thereafter. And even if it could be assumed that the deputies never did discuss ' the case directly with any members of the jury, it would be blinking reality not to recognize the extreme prejudice' inherent in this continual association throughout the trial between the jurors and these two key witnesses for the prosecution. We deal here not with a brief encounter, but with a continuous and intimate association throughout a three-day trial — an association which gave these witnesses an opportunity, as Simmons put it, to renew old friendships and make new acquaintances among the members of the jury.[11]
[*474] It would have undermined the basic guarantees of trial by jury to permit this kind of an association between the jurors and two key prosecution witnesses who were not deputy sheriffs. But the role that Simmons and Rispone played as deputies made the association even more prejudicial. For the relationship was one which could not but foster the jurors’ confidence in those who were their official guardians during the entire period of the trial.[12] And Turner’s fate depended upon how much confidence the jury placed in these two witnesses.
The judgment is reversed and the case is remanded to the Supreme Court of Louisiana for further proceedings not inconsistent with this opinion.
It is so ordered.
Out of the presence of the jury, Turner did testify upon the issue' of the voluntariness of his- confession, stating among other things that he had had no sleep and nothing to eat for a period of 48 hours before he confessed, but he was not in custody during much of that period. He also stated that he was not advised of his “legal rights” before he confessed.
“From the moment of the acceptance of any juror until the rendition of verdict or the entry of a mistrial, as the case may be, the jurors shall be kept together under the charge of an officer in such a way as to be secluded from all outside communication; provided that in cases not capital the judge may, in his discretion, permit the jurors to separate at any time before the actual delivery of his charge.”' La. Rev. Stat. § 15:394.
In adjourning court after the first day, of trial, the judge told the jury: “Anything that you need you will have to obtain through the Deputy, and any calls that you want to make the Deputies will have to make for you.”
Rispone testified in part as follows:
“Q. Have you been assisting the other Deputies during the course of this trial, in retiring the Jury and in caring for their needs? A. I have.
“Q. As much as any other Deputy on the Sheriff's staff? A. I would say as much:
“Q. Isn’t it a fact that you have been sitting in this vicinity through the course of the trial? A. That is a fact.
“Q. Have you spoken at any time' during the course of the trial to any of the Jurors? About anything? A. About anything?
“By the Counsel: Yes. A. I have.
“Q. In connection with providing for their needs . . . seeing that they were comfortable . . showing them when to go into'the Jury
Room et cetera? A. Yes.”
Simmons testified in part as follows:
“Q. Dy. Simmons have you been with the Jury during the course of this trial ? A. I have been with them, yes sir.
[*469] “Q. On how many occasions, do you know? A. I can’t answer that.
■ “Q. A number of occasions? A. I have been with them or around them throughout the trial.
“Q. Speaking to them about-.various and sundry matters? A. Yes sir.
“Q. Have you ever discussed this case with any one of them? A. No sir.
“Q. But you have spoken to them? A. I have, talked to them, yes sir.
“Q. Made the acquaintance of some of them? A. I knew most of them.
“Q. But, you have made new acquaintances? A. I would say yes. One or two that I didn’t know.
“Q. Do you get along well with the Jury Members? A.. I try to get along with everbody [sic]-.
“Q. There has been no friction in your relationship during-these last two days? A. Not as far as I know Sir. .
“Q. Have you stayed here any night and watched over the Jury? A. No sir.
“Q. Have you had several meals with the Jury? A. I have had at least two meals with them.
“Q. Sitting at the same table with them? A. That is correct.
“Q. You have ridden in automobiles with them to and from the restaurant? A. I have.
“Q. Dy. Simmons you are the Chief Deputy? A. Chief Criminal Deputy, yes sir.
“Q. As such you have a position superior to the other Deputies on the Staff? In other words, are you considered the boss or the supervisor, or the superior of the other Deputies? A. I make an effort to supervise' them, yes sir.
“Q. That is your job? A. That is my job.
“Q. In the conduct of the Jury is it not true that you have been in charge of this? A. Yes sir, I would say so,
“Q. You are the Chief Deputy Sheriff handling the Jury? A. Yes sir. I designate certain Deputies to do certain things with the-Jury.
“Q.. And some of the things you do yourself? A. That is correct.”
After reciting in detail what had been shown as'to Rispone’s and Simmons’ fraternization with the jürors throughout the trial, the bill of exceptions stated “that the presence of state’s witnesses, whether they be deputies or not,, is of itself prejudicial to the constitutional rights of Efefendant and violative of due process of law,”
The court’s opinion did discuss and seemingly rely on a ease decided by the United States Court of Appeals for the Tenth Circuit, Odell v. Hudspeth, 189 F. 2d 300. In that case, an appeal from a federal district court’s denial of habeas corpus to a prisoner convicted in a Kansas court, it was held on facts apparently similar to those in the present case that there had been no violation of the Fourteenth Amendment.
It appeals that every state constitution provides for trial by jury. See, e. g., Alaska Const., Art. 1, §11; Idaho Const., Art. 1, §7; Nevada Const., Art. I, § 3; North Dakota Const., Art. I, § 7; see Columbia University Legislative Drafting Research Fund, Index Digest of State Constitutions, 579 (1959).
The Sixth Amendment provides:-
“In all criminal prosecutions, the accused shall enj.oy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed (Emphasis supplied.)
See note 6, supra.
See notes 5 and 6, supra.
Dissent
dissenting.
It is with regret that I dissent in this ease. If I were sitting on the Supreme Court of Louisiana I would vote to reverse it and do everything possible to put a stop to the practice of permitting an officer who testifies in a case also to be in charge of the jury.
However, I cannot say that where no prejudice whatever is shown — as is the case here — the practice reaches federal due process proportions. I understand that it has the approval of the highest courts of a number of other jurisdictions[1] and is recognized by Wharton, American Jurisprudence and Corpus Juris Secundum.[2] Indeed, in[*475] a similar case from the Tenth Circuit,[3] in which this Court denied certiorari in 1951, the court upheld the conviction on the ground that there was no evidence that a testifying sheriff had acted irregularly in performing as custodian of the jury.
In view of this widespread acceptance of the practice I cannot say that it is violative of the Fourteenth Amendment’s Due Process Clause. Cf. my dissent in Rideau v. Louisiana, 373 U. S. 723 (1963).
E. g., Hendrix v. State, 200 Ark. 973, 141 S. W. 2d 852 (1940); State v. Hart, 226 N. C. 200, 37 S. E. 2d 487 (1946); Newby v. State, 17 Okla. Cr. R. 291, 188 P. 124 (1920); Underwood v. State, 118 Tex. Cr. R. 348, 39 S. W. 2d 45 (1931).
5 Wharton’s Criminal Law and Procedure §2109, at 290, n. 2 (Anderson ed. 1957); 53 Am. Jur., Trial, § 858, at 625 ; 23A C. J. S., Criminal Law, § 1352, at 946. See also Ann. Cas. 1912 C, at 882; Ann. Cas. 1917 B, at 254.
Odell v. Hudspeth, 189 F. 2d 300, cert. denied, 342 U. S. 873 (1951).