Turner v. Louisiana

Background

Wayne Turner, charged with murder during a robbery, was convicted after a three-day trial and sentenced to death. Two of the prosecution’s main witnesses were deputy sheriffs Vincent Rispone and Hulon Simmons. Louisiana law sequestered the jury and placed them “in charge of the Sheriff,” and during the trial the deputies repeatedly drove, ate with, lodged with, and conversed with the jurors. Turner’s lawyer moved for a mistrial and later for a new trial after both deputies testified; the trial judge denied those motions, and the Louisiana Supreme Court affirmed the conviction while saying a showing of prejudice was required under state law.

Reasoning

The Court asked whether a jury trial the Fourteenth Amendment guarantees can tolerate continuous, close association between jurors and key prosecution witnesses who also serve as their official custodians. The majority said no: a jury’s verdict must come from evidence presented in open court, and the deputies’ ongoing personal and official contact could have unfairly influenced the jurors. Because the deputies’ credibility likely determined the outcome, the Court found the association fatally undermined the defendant’s right to a fair jury and reversed and remanded the case for further proceedings.

Real world impact

Criminal defendants and juries are protected from similar fraternization with testifying officers; courts must prevent key witnesses from serving as jurors’ custodians during trials. Trials with comparable ongoing contacts may be overturned and retried.

Dissents or concurrances

Justice Clark dissented, agreeing the practice should be discouraged but arguing that without proof of actual prejudice the conduct did not violate the Fourteenth Amendment, and he cited widespread acceptance of the practice.