Robert Lee Norris v. Henry Risley, Warden

In this appeal we must decide whether the presence of spectators wearing buttons inscribed with the words “Women Against Rape” at Robert Lee Norris’s trial for kidnapping and sexual intercourse without consent deprived him of a fair trial.

I. BACKGROUND

Norris, an inmate at Montana State Prison, is currently serving a ninety-year sentence after his conviction for kidnapping and sexual intercourse without consent. On appeal the Montana Supreme Court affirmed the conviction. State v. Norris, 212 Mont. 427 , 689 P.2d 248 (1984). Having exhausted all state remedies, Norris petitioned the United States District Court for the District of Montana for habeas corpus relief pursuant to 28 U.S.C. § 2254 (1988).

Specifically, Norris contended that jurors were in the presence of a large number of women wearing “Women Against Rape” buttons in the public elevators, in the courtroom, on their way to and from the courtroom, and that the women served refreshments outside the courtroom on behalf of the state. After the jury had been selected, Norris moved to exclude the women from the courtroom during the trial, or to prevent them from wearing the buttons. The state trial court denied the…