State v. Collins

The majority’s reliance on State v. Callahan, supra, is misplaced. In Callahan it is clear that no reception of evidence was involved. The jury simply disregarded an instruction and talked about the fact that the defendant did not take the stand. The situation here is different. In addition to ignoring the judge’s instruction, the jury considered evidence which had been stricken. The jury therefore, received “... evidence not properly admitted during trial.”

The juror’s affidavit did not relate to his “subjective motives or mental processes”, as the terms are used in Rule 24.1(d). It related…