Tarango v. McDaniel

Petitioner, convicted of seven felony counts related to a robbery and burglary using a deadly weapon, appealed the denial of his petition for habeas corpus relief, claiming violation of his due process right to a fair and impartial jury, where a police vehicle followed Juror No. 2, a known holdout against a guilty verdict, for approximately seven miles, on the second day of deliberations, in a highly publicized trial involving multiple police victims. The court held that the state court's decision was contrary to Mattox v. United States because the state court improperly limited its inquiry to whether the external contact amounted to a “communication” and did not investigate the prejudicial effect of the police tail. Therefore, the court reviewed de novo the question whether the extrinsic contact could have influenced the verdict and prejudiced petitioner. The court concluded that, because the trial court prevented petitioner from offering evidence to demonstrate prejudice, remand for an evidentiary hearing and further fact finding was necessary. View "Tarango v. McDaniel" on Justia Law