In re Cowan

In this habeas case, the Supreme Court held that Juror No. 045882, who, during Petitioner’s criminal proceedings, intentionally concealed that he had previously been convicted of public fighting and was then on probation, was not actually biased against Petitioner and that no prejudicial misconduct occurred. Petitioner was convicted of two counts of first degree murder and was sentenced to death. While his appeal was pending, Petitioner filed this habeas petition, alleging that Juror No. 045882 committed misconduct. This Court issued an order instructing the Secretary of the Department of Corrections and Rehabilitation (CDCR) to show cause why the Court should not grant Petitioner relief based on juror misconduct. A referee appointed by the Court concluded that the juror at issue was not actually biased. The Supreme Judicial Court agreed and discharged the order to show cause, holding that there was no substantial likelihood that the juror harbored actual bias against Petitioner. View "In re Cowan" on Justia Law