Stouffer v. Trammell
2013 U.S. App. LEXIS 25675
10th Cir.2013Background
- Stouffer was convicted in Oklahoma state court of first-degree murder of Velva Reaves and shooting with intent to kill Doug Ivens; sentenced to death for the murder and life imprisonment for the shooting.
- The Oklahoma Court of Criminal Appeals affirmed, and post-conviction relief was denied; Stouffer filed a federal habeas petition under 28 U.S.C. § 2254 raising nine grounds.
- The district court denied relief but granted a certificate of appealability on four grounds.
- The court affirmed the district court on three grounds but reversed on jury tampering, remanding for an evidentiary Remmer hearing in federal court.
- The jury-tampering issue centers on alleged improper external communication with a juror during the penalty phase and the trial court’s failure to conduct a Remmer hearing; the state court did not adjudicate this claim on its merits, triggering expanded review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jury tampering claim preservation and remedy | Stouffer presented credible external contact with a juror. | Record shows ambiguous, innocuous contact; no prejudice. | Remand for a Remmer hearing; trial court erred in not conducting one. |
| Prosecutorial misconduct during guilt phase | Eight statements by the prosecutor improperly influenced the jury. | Most statements were curved or outweighed by evidence of guilt; no prejudice. | No relief; prosecutorial misconduct claim denied under AEDPA. |
| Victim impact testimony constitutionality | Victim impact evidence violated Eighth/Fourteenth Amendments. | OCCA reasonably held not prejudicial in context. | No relief; victim impact testimony not prejudicial to the outcome. |
| Cumulative error analysis | Cumulative effect of errors violated due process. | Aggregate errors did not render trial fundamentally unfair. | No reversible error; only jury-tampering issue requires Remmer hearing. |
Key Cases Cited
- Remmer v. United States, 347 U.S. 227 (U.S. 1954) (presumption of prejudice from juror contact; Remmer hearing required to determine prejudice)
- Day v. United States, 830 F.2d 1099 (1st Cir. 1987) (Remmer-type remedy; Remmer hearing to assess prejudice)
- Scull v. United States, 321 F.3d 1280 (10th Cir. 2003) (Remmer hearing required when credible evidence of juror contact arises)
- Cannon v. Mullin, 383 F.3d 1152 (10th Cir. 2004) (Remmer principles; evidentiary hearing standard)
- Smith v. Phillips, 455 U.S. 209 (U.S. 1982) (right to a hearing on juror impartiality)