Robert Lee Norris v. Henry Risley, Warden

Norris appeals the dismissal, without an evidentiary hearing, of his habeas corpus petition. After a jury trial in a Montana court Norris was convicted of one count of aggravated kidnapping and two counts of sexual intercourse without consent. On appeal the Montana Supreme Court affirmed the conviction. He is presently serving a ninety-year sentence. The parties agree that Norris has met the exhaustion requirement with respect to the claim raised in this petition.

Norris denied having any sexual contact with the complaining witness, and the evidence at trial was in conflict, with some witnesses corroborating his testimony and others corroborating the complaining witness’ testimony.

During the pretrial proceedings, twenty to twenty-five women from a “Rape Task Force” were present as spectators, wearing buttons which said “Women Against Rape”. After the jury was selected, Norris moved to exclude the women from the courtroom during the trial, or to prevent them from wearing the buttons. The trial court denied the motion:

Norris alleges that the women were present throughout the trial, that their buttons were two to three inches in diameter, and that the buttons were easily visible…