State v. Pyatt

¶1 Kevin Pyatt (Pyatt) appeals from the judgment of the Eighth Judicial District Court, Cascade County, accepting the jury’s vote of guilty even though one of the jurors during polling stated he had voted guilty to go along with the majority. The court denied Pyatt’s motion for a new trial. Pyatt contends that the court erred in not directing the jury to further deliberate or declaring a mistrial in response to the juror’s statement and further erred in not granting Pyatt’s motion for a new trial. We reverse and remand for retrial.

Issue

¶2 The dispositive issue on appeal is whether the…