Gaines v. State

Ellington, Judge.

A Tift County jury found Rodney Gaines guilty beyond a reasonable doubt of aggravated assault, OCGA § 16-5-21 (a) (2) (with a deadly weapon). Following the denial of his motion for a new trial, Gaines appeals, contending that juror misconduct denied him a fair trial. For the following reasons, we reverse.

In his motion for a new trial, Gaines alleged that during voir dire one of the jurors falsely denied knowing Gaines and then during deliberations told other jurors that she knew him and gave her very negative opinion of his character. When a party moves for a new trial based…