Lister v. Ballard (Signed Opinion)
Annotate this CaseAfter a jury trial, Petitioner was convicted of first degree murder. The circuit court imposed a sentence of life without the possibility of parole. After unsuccessfully seeking a new trial and review by the United States Supreme Court, Petitioner filed a petition for writ of habeas corpus, arguing, among other things, that the trial court erred by failing to refusing to dismiss a juror who overheard a threatening remark related to her role as a juror during the trial. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion in (1) refusing to dismiss the juror after conducting a Remmer hearing; (2) permitting testimony from the victim’s family members during the mercy phase of trial; and (3) deciding not to give an instruction outlining factors for the jury to consider when determining whether to recommend mercy.
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