Notable split capital habeas ruling from the Fourth Circuit

A split panel of the Fourth Circuit issued interesting opinions in Robinson v. Polk, No. 05-1 (4th Cir. Feb. 14, 2006) (available here), in the course of rejecting a North Carolina death-row inmate's habeas claims. Here is the opening paragraph from the majority's ruling in Robinson:

Marcus Reymond Robinson, a North Carolina death-row inmate, appeals the district court's denial of his habeas petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2005).  We granted a certificate of appealability to consider two claims raised by Robinson: (1) that the trial court's jury instructions during the guilt phase of his trial violated the Eighth Amendment; and (2) that a juror's recitation of a Biblical passage during sentencing deliberations violated the Sixth Amendment. Applying the deferential standard of review required by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), we conclude that the North Carolina court's decision denying Robinson relief on these claims was not an unreasonable application of clearly established federal law.  Accordingly, we deny Robinson's petition and his request for an evidentiary hearing on his Bible claim.

Notably, Judge King "most strenuously" dissents on the Sixth Amendment issue.  Here is how he frames his concern:

[W]hen a jury's deliberations have been contaminated by an improper external influence — even if that influence relates to the Bible of England's first Stuart King — public confidence in our judicial system is undermined and the jury's verdict must not be enforced.