Frederic Noltie v. Kurt Peterson, Superintendent, Washington Corrections Center

Frederic Noltie was convicted in state court of sexually abusing his stepdaughter when she was between the ages of five and eight. On appeal from the denial of habeas relief he contends that the trial court denied him due process of law by forcing him to trial before a biased jury. We affirm the district court’s denial of habeas relief.

During voir dire Noltie challenged for cause three prospective jurors. The state trial court denied these challenges and Noltie ultimately used all six of his preemptory challenges but was unable to remove two of the jurors. Juror Rhodes and juror F, whose privacy will be protected, served on the jury that ultimately convicted Noltie. Juror Sun was removed by a preemptory challenge.

During that portion of voir dire when jurors are asked to raise their hands in response to general questions put to the entire venire, juror Rhodes indicated that she felt she “might” have some difficulty in being a fair juror in the petitioner’s ease because she had two young granddaughters, and the case involved sexual abuse of a young girl.

When asked by defense counsel whether Rhodes would want someone with her frame of mind on the jury if she were Noltie, she…