People v. Rohrer

We are asked to decide whether discussions by the jury held prior to the close of proofs and in violation of instructions by the trial court not to hold such discussions constitute grounds for a new trial. The question raised is of first impression in Michigan. Defendant was convicted by jury of one count of criminal sexual conduct in the third degree, MCL 750.520d; MSA 28.788(4). Sentenced on September 18, 1985, to two to fifteen years in prison, he appeals as of right contending that juror misconduct denied him his constitutional right to a fair trial. We affirm.

Based upon allegations by…