Davis v. State

I concur in all parts of the main opinion except Part II, which affirms the denial of Davis’s claim that the trial judge engaged in improper ex parte communication with the jury; as. to Part II, I respectfully dissent. •

In Yeomans v. State, [Ms. CR-10-0095, March 29, 2013] — So.3d - (Ala.Crim.App.2013), this Court addressed a juror-misconduct claim that had been denied in a manner similar to the denial of Davis’s improper-communication claim. In Yeo-mans, the petition alleged, among other things, that a particular juror — L.J.—had failed to disclose, when asked if she or anyone in her family…