Griffin v. State

I respectively dissent.

The dispositive issue in this case is how we characterize the alleged improper participation in jury deliberations by the alternate juror. If such improper participation constitutes ex parte communication, then it falls clearly within the exception of Ind. Evidence Rule 606 which allows juror affidavits where “any outside influence was improperly brought to bear upon any juror.” If the juror affidavits are admissible, they give rise to a presumption of prejudice. If the alleged improper participation does not constitute ex parte communication, then the exception does…