Smith v. the State

Peterson, Judge.

Irvin Dexter Smith, convicted of one count of burglary and one count of theft by taking a motor vehicle, appeals from the denial of his motion for new trial. He argues that the trial court erred (1) when it replaced a juror after discovering that she was listed as a friend on Smith’s Facebook page, because there was no evidence that the juror actually knew Smith or would be biased in his favor, and (2) by preventing him from calling a witness to testify regarding the witness’s use of Facebook at the motion for new trial hearing. We conclude that the trial court did not abuse…