Ex Parte Nathanial Alexander

OPINION

Nathaniel Alexander was indicted for the offense of felony “Retaliation.” 1 After the jury was selected and sworn, the trial judge continued the proceedings for several days. Prior to the date the trial was scheduled to resume, a juror contacted the trial court 2 and informed the court she was going to attend her daughter’s out-of-town university ceremony and would not be present on the day trial resumed. The State agreed to proceed with eleven jurors, but the defendant did not. The trial judge sua sponte declared a mistrial and informed the parties he intended to pick a new jury.

Alexan…