Gonzalez v. State

The defendant Gregorio Gonzalez appeals from his conviction and sentence for second-degree murder. Gonzalez contends that he was denied a fair trial by an impartial jury because certain comments allegedly made by one of the jurors during the course of his trial demonstrated that the juror was not impartial and the trial court did not make a sufficient voir dire regarding the alleged misconduct. We agree and reverse and remand for a new trial.

Gonzalez’s defense to the charge of second-degree murder was insanity. At the conclusion of the trial, the alternate juror reported to the court that a…