On petition for writ of certiorari to the United States Court of
Appeals for the Seventh Circuit.
The motion of the respondent for leave to proceed in forma
pauperis is granted. The petition for writ of certiorari is
denied.
Justice REHNQUIST, with whom THE CHIEF JUSTICE joins,
dissenting.
The question presented in this habeas corpus case is whether the
Court of Appeals for the Seventh Circuit correctly held that
respondent's challenges to his conviction should be governed by the
Federal Rules of Evidence rather than state criminal law. Because I
believe that the Court of Appeals has confused the applicability of
the Federal Rules of Evi-
Page 452 U.S.
951 , 952
dence with the permissible limits of its inquiry in a federal
habeas proceeding, I dissent from the denial of the petition for
certiorari.
During the course of respondent's criminal trial, one of the
jurors received an anonymous telephone call that she considered
threatening. She reported this call to the trial judge who
conducted an in camera hearing and determined that she was capable
of rendering an impartial verdict. In a post-conviction proceeding,
respondent asserted that the juror subsequently told other jurors
about this call, which constituted juror misconduct and introduced
a prejudicial influence into the deliberations. The Public
Defender, who had contacted 10 of the 12 jurors, testified that 8
jurors responded to questions regarding their knowledge of a
telephone threat during the trial. The trial court refused to grant
a mistrial based on these allegations. The Supreme Court of Indiana
affirmed. Owen v. State, 269 Ind. 513,
381
N.E.2d 1235 (1978). It relied on Indiana state law which
prohibits the interrogation of jurors for the purpose of impeaching
a jury verdict.
Respondent then petitioned for a writ of habeas corpus. The
District Court denied the writ, finding no constitutional error in
the state-court ruling or procedure. The Court of Appeals for the
Seventh Circuit reversed.
645 F.2d
74 (1980). It concluded that the Federal Rules of Evidence
govern federal habeas proceedings, not Indiana law. Fed.Rule Evid.
1101(c). The evidentiary question is thus governed by Federal Rule
of Evidence 606(b), which permits a juror to testify as to whether
prejudicial information was brought to bear on any juror, not the
contrary Indiana law.*
Page 452 U.S.
951 , 953
It concluded that respondent "may be able to prove facts which
would entitle him to habeas relief by use of permissible means and
that, through no fault of [respondent], the pertinent factual
issues were not fully and adequately litigated in state court."
App. to Pet. for Cert. A-5. Accordingly, the court held that
respondent was entitled to an evidentiary hearing.
In my view, the Court of Appeals confused the rules of evidence
which are applicable in a federal habeas proceeding with the rules
of law which may properly be applied by a state court on direct
review. No one would disagree with the conclusion of the Court of
Appeals that Indiana rules of evidence do not apply in a federal
habeas proceeding. But the question is not whether Indiana rules of
law govern a federal habeas proceeding, but whether Indiana is
bound by the United States Constitution to apply the Federal Rules
of Evidence in its own courts. In my view, unless a state rule of
law violates the Constitution, a federal habeas court is without
authority to invalidate it. Rules of evidence in state criminal
trials are matters of state law and therefore questions to be
determined solely by state courts. See, e. g., Monk v. Blackburn,
605 F.2d
837 (CA5 1979). The fundamental error of the court below here
is that it never squarely addressed the question whether the
Indiana rule prohibiting the impeachment of a verdict by a juror
violates the Constitution, and hence should be invalidated. Nor
does the court explain why, if the Indiana state rule is not
unconstitutional the federal habeas court is entitled to circumvent
it.
Indeed, in asserting the applicability of Rule 606(b), the court
states that the Rule "tracks the pre-existing case law, which
embodied a flexible approach to the evidentiary prob-
Page 452 U.S.
951 , 954
lem to which the rule is addressed." App. to Pet. for Cert. A-8.
The only case from this Court cited for that proposition is Parker
v. Gladden,
385 U.S.
363 (1966), in which the state trial court, on a petition for
postconviction relief, heard testimony from a juror and found that
an " 'unauthorized communication was prejudicial and that such
conduct materially affected the rights of the [petitioner].' " Id.,
at 364. Though the Supreme Court of Oregon reversed, this Court in
turn reversed that holding in a three-page per curiam opinion. It
is clear from that case that Oregon law, unlike Indiana law, did
permit a juror to impeach a jury verdict under certain
circumstances. Id., at 363, n. 1. Thus, all Parker establishes is
that Indiana follows a stricter view of the right of a juror to
impeach a verdict than Oregon: it does not establish that the
Federal Rules of Evidence are constitutionally mandated in a trial
conducted in the Indiana state courts.
In sum, the decision below can be read as establishing a
constitutional requirement that the Federal Rules of Evidence apply
to criminal trials in the 50 state courts. Because I doubt the
validity of that requirement, I would grant the petition for
certiorari to review the judgment of the Court of Appeals.
Footnotes
[
Footnote *] Rule 606(b) of the
Federal Rules of Evidence provides in pertinent part:
"Upon an inquiry into the validity of
a verdict or indictment, a juror may not testify as to . . . the
jury's deliberations or to the effect of anything upon his or any
other juror's mind or emotions as influencing him to assent to or
dissent from the verdict or indictment or concerning his mental
processes in connection therewith, except that a juror may testify
on the question whether extraneous prejudicial information was
improperly brought to the jury's attention or whether any outside
influence was improperly brought to bear upon any juror. Nor may
his affidavit or evidence of any statement by him concerning a
matter about which he would be precluded from testifying be
received for these purposes."
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