Newton v. State

Dissenting Opinion by

Getty, J.

Respectfully, I dissent from the Majority’s conclusion that Mr. Newton was not prejudiced by his trial counsel consenting to the presence of an alternate juror during deliberations. To the contrary, I would hold that, by consenting to this arrangement rather than objecting to it, trial counsel prejudiced Mr. Newton by requiring his appellate counsel to show on direct appeal that the alternate either actually participated in the *367deliberations or exerted a chilling effect on the regular jurors in order to reverse his conviction under United States v. Olano, rather…