Sudler v. State

MOORE, Justice.

Alonzo Sudler (“Sudler”) was convicted in the Superior Court of several drug-related offenses. He claims a deprivation of his right to trial by jury when the Superior Court discharged five jurors after his trial began, thereby reducing the panel below the constitutionally required number of twelve persons. The exeusal of these jurors amounted to a sua sponte mistrial declaration by the trial judge. There was no finding that the mistrial was required by manifest necessity. Nor was the trial court’s action requested by or agreed to by Sudler. The discharge of the jury without a…