Viray v. State

OPINION

By the Court,

Hardesty, J.:

Although it is clear that a district court must grant a mistrial in cases of prejudicial juror misconduct, 1 on appeal we consider whether a juror can be removed mid-trial and substituted by an alternate for violating the court’s admonishment not to discuss the case before deliberations.

Appellant Benjardi Batucan Viray contends that the district court erred by refusing to: (1) grant a continuance when the State amended the information on the first day of trial, and (2) order a mistrial instead of substituting an alternate juror mid-trial for a juror who…