Mullins v. State

I fully concur with the majority opinion, but write separately to discuss the state’s failure to meet its burden of proof in this case of improper jury contact.

A defendant is entitled to a trial by a jury untainted by improper influences, and when there has been an improper communication with a juror, the state bears the burden of proving beyond a reasonable doubt that the communication was not harmful to the defendant.2 In determining if the state has met its burden, the trial court focuses on, among other things, whether there was an attempt to discuss the merits of the case with the juror…