Donald Dickson v. G.E. Sullivan, Superintendent, Oregon State Correctional Institution

Dickson, a convicted murderer, appeals the judgment of the district court denying his writ of habeas corpus. Dickson argues (1) that the trial judge’s finding that the jury’s exposure to extraneous information was limited to a single statement by a deputy sheriff is clearly erroneous, and (2) that the State of Oregon failed to prove that receipt by state jurors of extrinsic evidence was harmless beyond a reasonable doubt. We have jurisdiction pursuant to 28 U.S.C. § 2253 . Because our review of the record convinces us that there is a reasonable possibility that the extrajudicial statement influenced the state court verdict, we reverse the judgment. Consequently, it is unnecessary for us to consider whether the trial judge erred in failing to find that other misconduct occurred.

I

On November 7, 1981, Anderson, owner of the Alibi Tavern in Grants Pass, Oregon, was murdered and robbed while working at the saloon. A police examination and autopsy revealed that repeated blows from a pool cue and other objects caused Anderson’s death. There were no eyewitnesses to the murder. The state based its case linking Dickson to the murder principally on testimony that Dickson was at the…