State v. Newman

LaROSE, Judge.

The State appeals the trial court’s order granting Paul Newman a new trial due to juror misconduct. It argues that the trial court abused its discretion and that the juror’s misconduct, reading aloud portions of the Constitution during deliberations, was harmless. We have jurisdiction. See Fla. R. App. P. 9.140(c)(1)(C), (c)(3). We reverse.

A trial court has broad discretion in deciding whether to grant a new trial. Chatmon v. State, 738 So.2d 970, 971 (Fla. 2d DCA 1999). We will not overturn a trial court’s order granting a new trial absent a clear abuse of that discretion. We…