The U.S. Court of Appeals for the Fourth Circuit (2-1) Monday upheld a murder conviction and death sentence despite questions over whether a hearing impaired juror adequately understood all the testimony at trial (article available here).
The South Carolina judge spoke to Juror 342 on numerous occasions during James Bryant’s trial to make sure she heard the evidence. She assured the judge that despite her hearing loss in one ear, she could hear out of the other ear and also read lips.
A federal district court granted Bryant federal habeas corpus relief, saying the conclusion was unreasonable. The Fourth Circuit found that the district court should have deferred to the trial judge, who was in a better position to make the determination. Bryant had a due process right to a fair trial with competent jurors, but he failed to cite any precedent applying established due process principles to a hearing impaired juror, the court said.
Although Juror 342 may have missed some evidence, jurors are not always attentive, the court said. Also, as in cases involving a sleeping juror, the trial judge was in the best position to determine whether Juror 342’s hearing impairment made it impossible for her to perform her duties.
The case is Bryant v. Stephan, No. 20-4 (4th Cir. May 24, 2021).