David Alan Westerfield v. California
FourthAmendment DueProcess CriminalProcedure Punishment Privacy JusticiabilityDoctri
Does the mandate announced in Sheppard v. Maxwell apply to the appellate assessment of the trial court's rejection of jury sequestration?
QUESTIONS PRESENTED A. Does the mandate announced in Sheppard v. Maxwell (1964) 384 U.S. 333 at page 362, that appellate courts, reviewing the measures taken by the trial court to protect due process from the effects of intense publicity and public interest in a criminal prosecution, must employ independent review, apply to the appellate assessment of the trial court’s rejection of multiple requests to sequester the jury during the guilt and penalty phases of a capital trial for which there was intense and continuous publicity from the time the crime was discovered in February 2002 through the end of trial in September 2002; or is the California Supreme Court correct, that the proper standard of review for the trial court’s decision to sequester the jury vel non is a deferent standard of abuse of discretion? B. In accord with the Fourth Amendment requirement that probable cause for issuance of a warrant be predicated on inherently reliable evidence, is polygraph evidence cognizable for this purpose, or does the use of such evidence, when decisive for the magistrate’s issuance of a search warrant, vitiate the warrant? 3