State v. Holcomb

Defendant appeals his conviction for burglary in the first degree after a trial to a jury. ORS 164.225. He argues that the trial court erred in denying his motion for a new trial on the ground of juror misconduct. We reverse.

During voir dire, the court asked the prospective jurors, “Is there anyone who has ever been accused of a criminal offense, not counting traffic?” No juror, including Young, responded affirmatively. The court also asked whether any of the jurors had been a past victim of a burglar. Kalvelage answered that he had been a burglary victim about 10 years earlier. After the…