Dillard v. State

We are asked to determine whether the trial judge in the present case abused his discretion in denying William Edward Dillard’s (“Defendant” or “Dillard”) motion for a mistrial when, following the testimony of the State’s primary law enforcement witness, two jurors patted the witness on the back and commended him for doing a “good job.” In the present case, the trial judge failed to conduct a voir dire examination of the jurors to determine whether the jurors had reached a premature conclusion as to Dillard’s guilt or formed *449fixed opinions about the evidence. The contact between the jurors…