Dawson v. State

On October 17, 1995, a jury convicted Homer Gene Dawson on four counts of distributing a controlled substance in violation of § 13A-12-211, Ala. Code 1975. Dawson was sentenced as a habitual offender to 35 years' imprisonment on each count, the sentences to run concurrently. On May 22, 1996, Dawson petitioned for post-conviction relief under Rule 32, Ala. R.Crim. P., alleging that juror misconduct had deprived him of a fair trial. The trial court denied the petition, concluding that if any unfair prejudice resulted from the juror misconduct it was to the prosecution, not the defense. Dawson…