McConnell v. Akins

I fully concur in this opinion, but write separately with regard to Division 2. While I agree with the reasoning in this Division, I note that when the trial court excused the juror, the jury had already been sworn and there is nothing in the record indicating that the juror was replaced. The parties stipulated in the pre-trial order that the case would be tried by 12 jurors, and that no alternate jurors would be selected. They further stipulated that the trial court could excuse two jurors for good cause, but that the case would not proceed to verdict with less than ten jurors. Accordingly,…