State v. Wilkins

SEVERSON, Circuit Judge.

This is an appeal from an order granting a new trial. We affirm.

FACTS

On January 28 and 29, 1993, a jury trial was held in which the state charged Lenny Wilkins with alternative counts of first degree rape and sexual contact with a child under sixteen years. After the jury had reached a verdict, but prior to the verdict being announced, the foreperson of the jury advised Trial Judge Roland Grosshans that he checked out from the library, read, took into the jury room and used suggestions from the book entitled What You Need to Know for Jury Duty. Judge Grosshans notified…