Early v. Packer, 537 U.S. 3, 7 (2002) (per curiam)

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Cite as: 537 U. S. 3 (2002)

Per Curiam

to consider" other "critical facts," and "failed to consider the cumulative impact" of all the significant facts, one of which it "[did] not even mention in its analysis." 291 F. 3d, at 578- 579, and n. 10. With regard to the last point: The significant fact the Ninth Circuit said was not mentioned—that the judge sent the jury back to its deliberations after learning that it was split 11 to 1—was in fact succinctly described. See id., at 579, n. 10. The Court of Appeal focused its analysis upon "three particular incidents" for the entirely acceptable reason that (as the court said) those incidents constituted "[t]he essence of Packer's complaints" regarding juror coercion. App. to Pet. for Cert. H-15. The opinion set forth many facts and circumstances beyond those three incidents, including the two "critical facts" that the Ninth Circuit said it "failed to consider," 291 F. 3d, at 579, n. 10—the judge's knowledge that Radcliff was the sole dissenting juror prior to his instructing the jury to keep deliberating, App. to Pet. for Cert. H-14, and the fact that the foreman's note, which mentioned Radcliff by name, was read in court, ibid. The contention that the California court "failed to consider" facts and circumstances that it had taken the trouble to recite strains credulity. The Ninth Circuit may be of the view that the Court of Appeal did not give certain facts and circumstances adequate weight (and hence adequate discussion); but to say that it did not consider them is an exaggeration. There is, moreover, nothing to support the Ninth Circuit's claim that the Court of Appeal did not consider the "cumulative impact" of all the recorded events. Compliance with Lowenfield v. Phelps, 484 U. S. 231 (1988), does not demand a formulary statement that the trial court's actions and inactions were noncoercive "individually and cumulatively." It suffices that that was the fair import of the Court of Appeal's opinion.

Third and last, the Ninth Circuit faulted the state appellate court for stating that " 'there is nothing improper in urging the jury to consider [the matter] further with the view

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