Martin v. Estelle, 76-1335
| Decision Date | 05 November 1976 |
| Docket Number | No. 76-1335,76-1335 |
| Citation | 541 F.2d 1147 |
| Parties | Claude Edward MARTIN, Jr., Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Dept. of Corrections, Respondent-Appellee. Summary Calendar. * United States Court of Appeals, Fifth Circuit |
| Court | U.S. Court of Appeals — Fifth Circuit |
Michael Thornell, Thornell & Cannon (Court-appointed), Houston, Tex., for petitioner-appellant.
John L. Hill, Atty. Gen., David M. Kendall, Jr., 1st Asst. Atty. Gen., Austin, Tex., Calvin Botley, Asst. Atty. Gen., John C. Madison, III, Joe B. Dibrell, Jr., Asst. Attys. Gen., Houston, Tex., for respondent-appellee.
Appeal from the United States District Court for the Southern District of Texas.
Before COLEMAN, GOLDBERG and GEE, Circuit Judges.
This appeal is from a denial of habeas corpus relief after a full evidentiary hearing by the United States District Court for the Southern District of Texas. Appellant was convicted after a jury trial in state court for murder with malice. The charge stemmed from a barroom altercation in which appellant fired a shotgun, killing two persons. The appellant's principal defense at trial was that he fired in self-defense.
The appellant raises two issues on appeal. First, he contends that he was denied due process of law because a "rap sheet" on a key defense witness that was not admitted into evidence at trial was inadvertently received into the jury room and observed by some jurors. Second, appellant argues that he was denied his right to confront witnesses against him when a police officer who did not testify at trial talked with one of the jurors during a recess of the trial. Because both errors were harmless beyond a reasonable doubt, we affirm.
The "rap sheet" on defense witness Donald Reeves, the owner of the tavern in which the shooting took place, was inadvertently received into the jury room. After a few minutes, the bailiff realized his mistake and retrieved the sheet without commenting on its contents. During the intervening period, two jurors observed the front page of the sheet. The appellant urges that because the rap sheet contained evidence of the witness' prior convictions that was otherwise inadmissible at trial, its presence in the jury room was damaging to Reeves' credibility and therefore to the appellant's defense.
When the jury receives nonevidentiary matter that links the defendant to the offense with which he is charged or impeaches the defendant or one of his witnesses and the material is not merely cumulative, prejudicial error requiring reversal may result. See United States v. Shafer, 455 F.2d 1167, 1169-70 (5th Cir. 1972). The defendant need not bear the burden of showing that a document erroneously in the jury room has in fact been considered by the jury. Id. at 1170. In the case at bar, however, the...
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U.S. v. Guida, 85-3505
...evidence was found to be "simply cumulative, adding nothing to the evidence properly introduced at trial." See also Martin v. Estelle, 541 F.2d 1147, 1148 (5th Cir.1976). In Llewellyn, a copy of the witness list was discovered in the jury room. On appeal, Llewellyn argued that the witness l......
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Llewellyn v. Stynchcombe
...list's reference to "Arson" was simply cumulative, adding nothing to the evidence properly introduced at trial. Martin v. Estelle, 541 F.2d 1147, 1148 (5th Cir. 1976). Relevant references began in the prosecutor's opening statement that he would show that "Mother's (Winokur's nightclub) was......
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U.S.A v. Almagro
...if anything, to bolster the credibility of Correia's story over Almagro's given the incredible story he told. See Martin v. Estelle, 541 F.2d 1147, 1148 (5th Cir. 1976); see also United States v. Guida, 792 F.2d 1087, 1091-94 (11th Cir. 1986). 6.At least one of our sister circuits has expre......