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HURST v. JOYNER

No. 13-6.

757 F.3d 389 (2014)

Jason Wayne HURST, Petitioner-Appellant, v. Carlton B. JOYNER, Warden, Central Prison, Raleigh, North Carolina, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 2, 2014.

Attorney(s) appearing for the Case

ARGUED: Robert Hood Hale, Jr. , Robert H. Hale, Jr. & Associates, Raleigh, North Carolina, for Appellant. Mary Carla Hollis , North Carolina Department of Justice, Raleigh, North Carolina, for Appellee. ON BRIEF: Roy Cooper , Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellee.

Reversed and remanded by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge NIEMEYER and Judge SHEDD joined. Judge SHEDD wrote a separate concurring opinion, in which Judge NIEMEYER joined.

TRAXLER, Chief Judge:

Petitioner Jason Wayne Hurst, a North Carolina death row inmate, appeals the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254, alleging that his Sixth Amendment rights to an impartial jury and to be confronted with the witnesses against him were violated by an extraneous communication between a juror and her father during the penalty phase of his capital murder trial. For the following reasons, we...

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