State v. Marhal

While I agree that the trial court did not consider the juror's comments in any improper way, and that the trial court did not abuse its discretion in denying an adjournment to allow the defense to produce other jurors to offer their recommendations, I write separately to express my concerns about two very significant implications that, for some, may seem to flow all too freely from our decision.

*508I.

In this case, we have affirmed the decision of the trial court that allowed and then circumscribed its consideration of a juror's comments. This is not to suggest, however, that appellate courts…