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Vining: Judge's Consultation of Extra-Record Evidence Not Prejudicial

By Tim Cone

In Vining v. Sec. Dep?t of Corrections, No. 07-15681 (June 28, 2010), the Court denied habeas relief to a Florida inmate sentenced to death for a 1987 murder.The Court rejected Vining?s argument that he was denied a fair trial because the state trial court considered extra-record information. Applying Brecht v. Abrahamson?s standard of review, the Court determined that any error did not have a substantial effect on the jury?s verdict. The Court noted that none of the extra-record materials that the judge reviewed were presented to the jury, which reached a verdict independent of the judge?s investigation. The Court also noted that the trial judge?s familiarity with hypnosis was irrelevant because of independent evidence that showed that prosecution witnesses were not hypnotized...continue to full post

Full post as published by Defense Newsletter Blog on June 29, 2010 (boomark / email).