Ex Parte Communication By Judge With Jurors Was Harmless Error

Bodine v. Warden, 2007 WL 534449 (2/22/07)(unpub'd) - Any error committed when the judge had a conversation with Oklahoma jurors, outside the presence of counsel and the petitioner, was harmless. The jurors told the judge they wanted all the 20 year sentences they voted for to run consecutively. The judge did impose them consecutively for a total of 220 years. The petitioner had not shown the judge was influenced by the jurors.