Ewing v. Horton

by
In 2010, Ewing was tried as the shooter in a gang-related shooting. Ewing claimed that he was attending a funeral when the shooting happened and that the shooter was Washington. Ewing put on alibi witnesses and a jailhouse informant who testified that Washington had bragged about the shooting. On the second day of deliberations, the jury asked the court to declare that it was deadlocked. The court refused. On the fourth day of deliberations the jury returned a verdict against Ewing on all counts, including first-degree murder. About two months later, Juror Byrnes filed an affidavit stating that two fellow jurors had brought up information that was not part of the trial evidence, coming from Facebook postings and “googling” information about gangs. Ewing sought a new trial, alternatively requesting an evidentiary hearing to further develop the facts surrounding the allegedly tainted jury deliberations. The state did not object to an evidentiary hearing. The court denied the motion outright, finding that the internet information was duplicative of what the jury had learned from the trial evidence. The Michigan Court of Appeals affirmed Ewing sought habeas relief under 28 U.S.C. 2254. The district court held that the state court’s determination was contrary to clearly established law and that “the internet information may have tainted the jury,” and ordered a new trial. The Sixth Circuit reversed. The appropriate remedy was a hearing to consider whether a new trial is warranted. View "Ewing v. Horton" on Justia Law