Patrick Pierce v. Darrell Adams

MEMORANDUM

A California jury convicted Patrick Andrew Pierce (“Pierce”) of sexually abusing his step-daughter, Susan L. (“Susan”). Pierce had previously been charged in North Carolina with assaulting Susan, and that trial ended in a split verdict. During the California trial, after defense counsel suggested that Susan might alter her testimony in order to avoid the partial acquittal that occurred in North Carolina, the judge permitted Susan to testify, over Pierce’s objection, that after the previous trial the North Carolina jurors told her that they believed her but had to acquit on some counts due to confusion in the testimony. The California Court of Appeal rejected Pierce’s challenges to the admission of this evidence and affirmed his convictions. The California Supreme Court denied review.

Pierce then sought habeas relief, arguing that the introduction of this testimony violated his Sixth Amendment right to confrontation and his Fourteenth Amendment right to due process of law. He also argued that his trial counsel provided ineffective assistance by failing to object to the introduction of the testimony under a California rule barring evidence of jurors’ mental impressions,…