Morrissette v. State

I write specially in this case because of the inherent constitutional problems that result from recalling a juror after he or she has been discharged and the principal jurors have retired to deliberate. Rule 18.4(g)(1), Ala.R.Crim.P., provides in part that “[a]n alternate juror who does not replace a principal juror shall be discharged at the time the jury retires to consider its verdict.” The rule does not say that an alternate juror shall be discharged subject to recall. Thus, the plain language of Rule 18.4(g) prohibits a mid-deliberation substitution. As Judge Joiner noted in his special…