State v. Benedict

AMDAHL, Chief Justice.

We granted the petition of the state for review of the decision of the Court of Appeals, 393 N.W.2d 36, granting defendant a new trial on sexual assault charges involving a young boy. The Court of Appeals reasoned that the trial court erred in refusing to grant a post-trial Schwartz hearing into the issue of juror misconduct and that remanding for a Schwartz hearing now is impractical. State v. Benedict, 393 N.W.2d 36 (Minn.App.1986). We disagree with the court’s conclusion that the trial court erred in refusing to grant a Schwartz hearing. We also have considered the…