Ex Parte Troha

Phillip James Troha was convicted of rape in the first degree and sentenced as a habitual offender. The Court of Criminal Appeals, 462 So.2d 950, affirmed the trial court's judgment. This case is before this Court by writ of certiorari to the Court of Criminal Appeals.

The only issue we need to address is whether there was juror misconduct. The only evidence of juror misconduct is found in the affidavit of juror Ralph Duncan:

"I was a juror during the trial of Phillip James Troha, with said trial having been conducted on the 18th and 19th of October, 1983. I am a Christian and was quite upset…