Dist. Ct. did not err in denying defendant’s habeas petition that challenged his Wisconsin state court convictions on charges of robbery and bail jumping, where defendant alleged that state trial court violated his Sixth Amendment rights by answering ex parte jury’s question during its deliberations. Record showed that jury had asked whether it could “see the six-pack photo” of suspects shown to identifying witness, and that after trial court sent six pack to jury room, responded “no” to jury question as to whether “6-pack numbering system “[was] same order as the photo/folder on the photo array.” Dist. Ct. could properly find that any error in providing jury with ex parte response was harmless error beyond reasonable doubt, where defendant did not claim that trial court’s “no” response was factually inaccurate, and where the question pertained to unchallenged issue. Moreover, evidence of defendant’s guilt was otherwise strong.
Federal 7th Circuit Court
Criminal Court
Sixth Amendment