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- Subject: 90-5193 -- CONCUR, MU'MIN v. VIRGINIA
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- SUPREME COURT OF THE UNITED STATES
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- No. 90-5193
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- DAWUD MAJID MU'MIN, PETITIONER v. VIRGINIA
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- on writ of certiorari to the supreme court of virginia
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- [May 30, 1991]
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- Justice O'Connor, concurring.
- No one doubts that Dawud Majid Mu'Min's brutal murder of Gladys
- Nopwasky attracted extensive media coverage. For days on end, the case
- made headlines because it involved a macabre act of senseless violence and
- because it added fuel to an already heated political controversy about the
- wisdom of inmate work-release programs. But the question we decide today
- is not whether the jurors who ultimately convicted Mu'Min had previously
- read or heard anything about the case; everyone agrees that eight of them
- had. Nor is the question whether jurors who read that Mu'Min had confessed
- to the murder should have been disqualified as a matter of law. See post,
- at 8-9, 11-12. This claim is squarely foreclosed by Patton v. Yount, 467
- U. S. 1025 (1984), where we upheld a trial court's decision to seat jurors
- who had read about the case notwithstanding that the defendant's written
- confessions, which were not admissible at trial, were widely reported in
- the press. See id., at 1029; id., at 1047 (Stevens, J., dissenting). The
- only question before us is whether the trial court erred by crediting the
- assurances of eight jurors that they could put aside what they had read or
- heard and render a fair verdict based on the evidence.
- The dissent insists that the trial judge could not have assessed
- realistically the jurors' credibility without first identifying the
- information to which each individual juror had been exposed. I disagree.
- It is true that the trial judge did not know precisely what each individual
- juror had read about the case. He was undeniably aware, however, of the
- full range of information that had been reported. This is because Mu'Min
- submitted to the court, in support of a motion for a change of venue, 47
- newspaper articles relating to the murder. Ante, at 2. The trial judge
- was thus aware, long before voir dire, of all of the allegedly prejudicial
- information to which prospective jurors might have been exposed.
- With this information in mind, the trial judge had to determine whether
- or not to believe the jurors' assurances that they would be able to enter
- the jury box with an open mind. To this end, he questioned prospective
- jurors repeatedly about whether exposure to pretrial publicity had impaired
- their ability to be impartial. One juror who equivocated was excused by
- the trial court on its own motion. Ante, at 4-5. As to the 12 jurors
- ultimately selected, the trial judge determined that their assurances of
- impartiality were credible. As we observed in Patton v. Yount, credibility
- determinations of this kind are entitled to "special deference," 467 U. S.,
- at 1038, and will be reversed only for "manifest error." Id., at
- 1031-1032.
- The dissent is correct to point out that the trial judge could have
- done more. He could have decided, in his discretion, to ask each juror to
- recount what he or she remembered reading about the case. The fact
- remains, however, that the trial judge himself was familiar with the
- potentially prejudicial publicity to which the jurors might have been
- exposed. Hearing individual jurors repeat what the judge already knew
- might still have been helpful: a particular juror's tone of voice or
- demeanor might have suggested to the trial judge that the juror had formed
- an opinion about the case and should therefore be excused. I cannot
- conclude, however, that "content" questions are so indispensable that it
- violates the Sixth Amendment for a trial court to evaluate a juror's
- credibility instead by reference to the full range of potentially
- prejudicial information that has been reported. Accordingly, I join the
- Court's opinion.
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