Turner v McEwen, No. 13-56385 [April 14, 2016]
It was discovered during post trial conversations with the jury that during Mr. Turner’s trial a spectator appeared to be encouraging a witness not to identify him, which affected their assessment of the witness’ credibility. His motion for a new trial was denied. He argued in his habeas petition that his conviction was, therefore, “tainted because the jurors’ verdict was influenced by something other than evidence admitted during the trial.” The Court held that no clearly established Supreme Court precedent that speaks to Turner’s claim citing to Carey v. Musladin, 549 U.S. 70 (2006) and affirmed the district court’s denial of the claim.