Nichols v. State

Judge Harold R. Banke.

On appeal, Jesse Ivan Nichols contests his conviction for trafficking methamphetamine.

After the jury returned a verdict of guilty, Nichols immediately requested that the jury be polled. The trial court complied but the clerk called upon only eleven of twelve jurors, thus, omitting one juror. Nichols’ counsel posed no objection to this apparent oversight. Three weeks later, at the sentencing hearing, Nichols orally moved for a mistrial or a reduction to a conviction for possession. To support the motion, Nichols submitted the affidavit of the juror who had not been polled…