May v. State

ON PETITION TO TRANSFER

SULLIVAN, Justice.

During a lunch break taken while Anderson Police Officer Steve Ohlheiser was testifying for the State against Defendant Maurice May, the officer encountered a juror in a restaurant. The two exchanged pleasantries and the juror invited the officer to watch a pay-per-view fight at his home the following weekend. We find that the trial court abused its discretion in denying Defendant’s request to replace the juror with an alternate.

Background

The facts most favorable to the verdict reveal that Defendant was a passenger in a vehicle that was pulled over for…