JEFFRIES v. BLODGETT

No. 91-36017.

988 F.2d 923 (1993)

Patrick James JEFFRIES, Petitioner-Appellant, v. James BLODGETT, Superintendent, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 9, 1992.

Withdrawn March 3, 1993.

Decided March 3, 1993.


Attorney(s) appearing for the Case

Stephanie Ross, Bellingham, WA, and Brian R. Phillips, Everett, WA, for petitioner-appellant.

Paul D. Weisser, Asst. Atty. Gen., Olympia, WA, for respondent-appellee.

Before: GOODWIN, FARRIS and FERNANDEZ, Circuit Judges.


ORDER AND DISSENT

In his petition for rehearing, Jeffries again asserts a due process violation in his state trial because of juror misconduct. We reviewed the district court's treatment of the question initially as an attempt by two jurors to impeach their verdicts by affidavits reciting misconduct in the jury room. The affidavits alleged that a juror had said, during deliberation on the guilt phase of the trial, "Jeffries is a convicted armed robber."

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