State v. Minski

The opinion of the court was delivered by

Six, J.:

A juror in an attempted first-degree murder-aggravated kidnapping case fainted during trial when slides of the victim were being shown. A doctor who had just testified concerning the victim’s injuries treated the juror. The juror who fainted was replaced by an alternate. Defendant moved for a mistrial. The motion was denied.

This case addresses: (1) the mistrial ruling; (2) the ex parte conversation between the trial court and the fainting juror; (3) the admissibility of the slides; (4) the absence of an instruction on voluntary intoxication;…