00-1125 Winters v. Miller

By: dmc-admin//December 26, 2001//

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“[A]lthough the bailiff’s failure to inform the judge of the jury’s inquiries was inappropriate, it was harmless error and does not warrant reversal. Winters has not established that the substance of the bailiff’s first ex parte response was prejudicial to the outcome of the trial. With respect to the jury’s second note, without proof that the bailiff communicated with the jury at all, there is no basis for doubting the reliability of the jury’s verdict. Winters’ appellate counsel did raise two other viable issues on appeal, and the decision to omit the bailiff’s ex parte interference from Winters’ appeal was well within the objective standard of professional norms and did not result in any prejudice.”

Affirmed.

Appeal from the United States District Court for the Southern District of Indiana, McKinney, J., Bauer, J.

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