UNITED STATES SUPREME COURT DECISIONS ON-LINE

Petitioner was convicted of second degree murder. At a hearing on his petition for post-conviction relief, the trial court found that a bailiff assigned to shepherd the sequestered jury had stated to a juror, "Oh, that wicked fellow, he is guilty," and to another juror, "If there is anything wrong [in finding him guilty], the Supreme Court will correct it." Both statements were overheard by at least one regular juror or an alternate. The trial court granted a new trial, but the Oregon Supreme Court reversed.

Held: The bailiff's statements violated the command of the Sixth Amendment, made applicable to the States by the Fourteenth, that the accused shall enjoy the right to a trial by an impartial jury and be confronted with the witnesses against him.