In re Boyette
56 Cal. 4th 866
Cal.2013Background
- 1993: Boyette convicted of two counts of first degree murder and related firearm enhancements; death sentence affirmed on direct appeal.
- While appeal pending, Boyette filed habeas petition alleging juror Ary misconduct and other claims; an order to show cause issued.
- A referee conducted an evidentiary hearing; findings focused on Ary’s nondisclosures of criminal history and relatives’ records, and on voir dire and deliberations.
- Referee concluded Ary’s nondisclosures were not intentional and did not show bias; evidence also showed limited out-of-court information influence.
- Court discharged the show-cause order and denied habeas relief on the juror-misconduct claims; no other petitions addressed in this order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is there relief for juror concealment of facts? | Boyette argues concealment implies bias and prejudice. | Ary’s nondisclosures were not intentional and did not reveal bias. | No substantial likelihood of bias; concealments not intentional. |
| Did out-of-court information affect the penalty verdict? | Extraneous information (American Me) biased the penalty deliberations. | Any prejudice was rebutted; information not inherently prejudicial and bias not shown. | No substantial likelihood of actual bias; no reversal. |
| What standard governs juror-misconduct claims on habeas review? | Presumes prejudice from misconduct. | Use substantial-likelihood test; consider totality of circumstances. | Substantial-likelihood test applied; no reversible prejudice found. |
Key Cases Cited
- In re Hitchings, 6 Cal.4th 97 (1993) (juror concealment undermines voir dire; peremptory challenges important safeguard)
- In re Bacigalupo, 55 Cal.4th 312 (2012) (credibility and weight given to referee findings; fidelity to substantial evidence)
- People v. Nesler, 16 Cal.4th 561 (1997) (test for prejudice from extraneous information; Nesler presumption of prejudice when misconduct occurs)
- Dyer v. Calderon, 151 F.3d 970 (9th Cir. 1998) (federal habeas context; distinguishes state credibility determinations; caution against de novo bias finding)
- In re Price, 51 Cal.4th 547 (2011) (credibility and demeanor of witness considered on review)