## Facts

- William Weatherwax was prosecuted in the Virgin Islands for the shooting death of St. Clair Hazel.
- A jury acquitted him of first-degree murder but convicted him of second-degree murder and unlawful possession of a weapon.
- The defense relied in part on self-defense, making the accuracy of Weatherwax’s testimony important to the degree-of-homicide determination.
- During trial, a juror was observed with a newspaper containing an article about the trial that gave an inaccurate and unfavorable account of Weatherwax’s testimony.
- Weatherwax and family members informed trial counsel, Michael Joseph, about the juror’s possession of the newspaper and the article’s content.
- Counsel did not notify the trial judge or seek any inquiry or remedial action regarding possible juror exposure to the article.
- In prior appellate proceedings, the court had determined that the article differed from the trial transcript in significant respects and could have been unfairly prejudicial, requiring an evidentiary hearing on counsel’s reasons.
- After a remand hearing, the district court granted habeas relief on ineffective assistance grounds; the Government appealed.

## Issues

1. Whether trial counsel rendered ineffective assistance under Strickland by choosing not to alert the court that a juror possessed a newspaper containing a potentially prejudicial, inaccurate account of the defendant’s testimony.

## Decision

- The Third Circuit reversed the district court’s grant of habeas relief.
- The court held counsel’s failure to raise the juror/newspaper matter was a considered strategic decision within the range of reasonable professional assistance.
- Because Weatherwax did not establish deficient performance, he was not entitled to habeas relief; his convictions remained in effect.

## Legal Principles

- Ineffective assistance claims are governed by Strickland v. Washington: a defendant must show (1) deficient performance and (2) resulting prejudice.
- Courts apply a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance.
- Strategic decisions about trial conduct, including whether to pursue or report potential juror misconduct, are generally entrusted to defense counsel when based on reasonable professional judgment after adequate consultation.
- When the record supports that counsel made an informed strategic choice, a court may deny relief without reaching a detailed prejudice analysis.

## Conclusion

The Third Circuit concluded that counsel’s decision not to pursue a judicial inquiry into a juror’s possession of an inaccurate newspaper account was a professionally reasonable strategic choice under Strickland, requiring reversal of the habeas grant and reinstatement of the judgment of conviction.


Gov’t of the V.I. v. Weatherwax, 77 F.3d 1425 (3d Cir. 1996)