Chavers v. State

After the state rested its case of aggravated assault and aggravated battery, a juror revealed to the court that he had recently read an article about the fallibility of eye witness identification testimony and that he would be “biased against an eye witness” who was testifying as to identification of a person. The trial court replaced the juror with an alternate over appellant’s objection, and appellant argues that his conviction violates double jeopardy. We affirm.

The incident involving the juror began with statements made by the juror to a deputy who relayed them to the court. Outside the…