Hernandez

MEMORANDUM **

Petitioner Marjorie Hernandez appeals the district court’s denial of her federal habeas petition, raising the sole claim of implied juror bias. 1 We agree with the district court that although the facts and circumstances of this claim are most unusual, they are not such as to require that we overturn the verdict on the ground of juror bias.

The underlying facts are as follows: On May 14, 1985, after a six week trial, Hernandez and her boyfriend were found guilty of murder in the first degree for financial gain. Willie Wade was called during the roll call of prospective jurors on the third day of voir dire and was sworn in a few days later. At the conclusion of the trial, he volunteered, and was chosen, to serve as foreman after no one else volunteered for the position. Wade attended the sentencing hearing purportedly out of curiosity, but once there, testified on Her *491 nandez’s behalf at Hernandez’s attorney’s request. Hernandez was sentenced to life in prison without the possibility of parole.

The district court conducted an evidentiary hearing on Hernandez’s claim that juror Wade was biased due primarily to his improper contact with her daughter Elaine, a…