SHILLCUTT v. GAGNON

No. 85-1432.

827 F.2d 1155 (1987)

James B. SHILLCUTT, Petitioner-Appellant, v. John R. GAGNON, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 27, 1987.


Attorney(s) appearing for the Case

Jeanne L. Nowaczewski, Chicago, Ill., for petitioner-appellant.

David J. Becker, Asst. Atty. Gen., Bronson C. LaFollette, Atty. Gen., Office of the Atty. Gen., Madison, Wis., for respondent-appellee.

Before EASTERBROOK and RIPPLE, Circuit Judges, and GRANT, Senior District Judge.


GRANT, Senior District Judge.

We are asked to decide whether a racial comment uttered by a juror during jury deliberations violates a criminal defendant's constitutional right to an impartial jury. Because, under the facts of this case, we hold that the rule prohibiting impeachment of verdicts sufficiently protects the petitioner's constitutional right, we affirm the district court's denial of the petition for habeas corpus. 602 F.Supp. 1280

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