Reginald Scott v. A. Calderon, Warden

39 F.3d 1188 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Reginald SCOTT, Petitioner-Appellant, v. A. CALDERON, Warden, et al., Respondents-Appellees. No. 93-56678. United States Court of Appeals, Ninth Circuit. Submitted Oct. 3, 1994. * Decided Nov. 8, 1994. 1 Before: D.W. NELSON, NORRIS, and BOGGS, ** Circuit Judges 2 MEMORANDUM *** 3 In 1979, Reginald Scott admitted to killing a woman but claimed he had a diminished capacity. At trial, doctors for the defense and prosecution presented conflicting testimony on Scott's alleged diminished capacity. The jury convicted Scott of second degree murder. 4 Three weeks later, Scott filed a motion for a new trial alleging that a juror had brought into the jury room a Los Angeles Herald Examiner article dealing with a proposal to limit diminished capacity pleas. In the context of presenting opposing views on the matter, the article quoted a psychiatrist as saying that diminished capacity was "nonsense," "psychobabble," and…