State v. Devoney

GRIFFIN, Judge.

The state appeals an order of the lower court granting a new trial to the defendant, Peter Devoney [“Devoney”], after he was found guilty by a jury of causing serious bodily injury to one victim and the death of another while driving under the influence of alcohol. The lower court granted Devoney’s motion for new trial based on the testimony of one juror that the jury, during its deliberations, disregarded an instruction by the lower court and considered a reference made by the prosecutor during the course of his cross-examination of a defense witness concerning the defendant’s…