Ex Parte Communication

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7^th Circuit Court of Appeals

Case Name: DeShawn Jewell v. Gary Boughton

Case No.: 22-3082

Officials: Flaum, Scudder, and Kirsch, Circuit Judges.

Focus: Ex Parte Communication

In 2015, Jewell faced conviction for robbery by force and bail jumping after an incident outside a Milwaukee tavern. His arrest resulted from a DNA match found on a hat left at the crime scene and a victim’s identification from a photo lineup. Jewell contended that the photo array procedure deviated from best practices. During the jury’s deliberations, they queried the trial court about whether the numbering system of the photo array matched that of a photo “six-pack” presented at trial. The trial court, without consulting the involved parties, replied in the negative. Subsequently, the jury delivered a guilty verdict. Jewell contested this ex parte communication, asserting a violation of his Sixth Amendment rights. The Wisconsin Court of Appeals upheld the conviction, deeming the trial court’s error as inconsequential. Seeking habeas relief under the Antiterrorism and Effective Death Penalty Act, Jewell’s petition was affirmed by the U.S. Court of Appeals for the Seventh Circuit. The court reasoned that the Wisconsin Court of Appeals had not unreasonably applied Supreme Court precedent in its assessment of harmlessness, and that the ex parte communication did not significantly impact the jury’s verdict.

Affirmed.

Decided 01/12/24

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