Shearin v. Fletcher/Mayo/Associates, Inc.

I reluctantly concur with the disposition in this case of the issue of juror misconduct, and I write to express my reasons for that reluctance. The majority opinion *205reaches the issue and decides it by accepting the evidence from the jurors. In doing so, it relies upon an exception to the general rule arising from many decisions in the Courts of Appeal. My reluctance stems from two concerns. First, no Supreme Court decision holds in accord with the exception; and second, in my view, the exception rests upon a flawed rationale.

The following demonstrates my first concern.

The general rule in…