State v. White

¶1 Appellant Joel M. White (White) appeals from the order of the Thirteenth Judicial District Court, Yellowstone County, denying his motion for a mistrial. We affirm.

¶2 We consider the following issue on appeal:

¶3 Did the District Court err by denying White’s motion for a mistrial on the basis of a juror’s comment, made during deliberations, that a Mend had called him about the case?

FACTUAL AND PROCEDURAL BACKGROUND

¶4 On June 25, 2005, White went to see his sister, Diane Temple, at her home in Billings. Diane’s husband, Gary Temple, and White did not get along and upon Gary’s return to the…