Dixon v. State

SHEPARD, Chief Justice.

This case presents the question of whether Trial Rule 47 permits a judge to replace a juror who refuses to participate in jury deliberations. We hold that it does.

Appellant Michael Dixon was tried by jury and convicted of burglary, a Class B felony, Ind. Code § 35-48-2-1 (Burns 1985 Repl.). The jury also found he was an habitual offender, Ind. Code § 85-50-2-8 (Burns 1985 Repl.) His basic sentence of twenty years for burglary was enhanced by thirty years because of the habitual offender finding.

I. Juror Refusal

During jury deliberations on the habitual offender question,…