Whether post-trial evidence of a jury foreperson introducing extra-record religious evidence during capital sentencing deliberations establishes jury misconduct warranting a Remmer hearing

The questions presented in this petition are as follows: 1) In a death penalty case, does post-trial evidence showing that the jury foreperson told the panel on the fourth day of sentencing deliberations that he considered extra-record evidence of the defendant’s religion as a factor in aggravation of a death sentence, and successfully galvanized the holdout jurors to do the same, establish that an extraneous source was introduced into the jury deliberations, entitling the defendant to a hearing under Remmer v. U.S., 347 U.S. 227 (1954)? 2) Can the prosecution ever rebut the presumption of prejudice when panel members of a capital sentencing jury resolved a four-day deadlock by considering, as a factor in aggravation of a death sentence, extra-record evidence that the defendant’s acceptance of Jesus Christ meant he would experience “everlasting life” regardless of the sentence imposed? ii