Mullins v. State

What is the real basis for reversal here? The Mullinses made three motions related to jurors Pirkele and Grizzle. One motion was for mistrial and was properly denied because, at the time it was made, the only evidence before the trial court was the jurors’ statements of impartiality. The second motion was for mistrial and is waived because it was not renewed after curative instructions were given. And the third motion was to remove Pirkele and Grizzle, and that motion was granted.

However: (1) the special concurrence reverses because “the state failed to prove that the improper juror…