Fields

This case returns to us after remand for an evidentiary hearing to determine whether a juror dishonestly responded to questions on voir dire and was impartial in light of conversations that the juror had with his wife during the course of the trial of Stevie Lamar Fields. Fields v. Woodford, 309 F.3d 1095, 1106 (9th Cir.), amended by 315 F.3d 1062 (9th Cir.2002). The district court found that the juror did not intentionally mislead the trial court on voir dire, and that the juror had no discussions with his wife during the trial about its subject matter that affected his ability to be fair and impartial. As these findings are not clearly erroneous, and largely control Fields’s claim of ineffective assistance of counsel during the guilt phase as well, we affirm denial of the writ as to the conviction. This requires us now to resolve penalty phase issues on which we reserved decision. The district court granted a writ on account of extrinsic material received by the jury, but we conclude that Fields has failed to show prejudicial constitutional error in this respect or with regard to his counsel’s performance. Accordingly, we reverse this part of the judgment.

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