Evans v. State

Charmarkco Evans and his brother, Sharmarkco, were jointly tried for aggravated assault and false imprisonment with a firearm. In this appeal, Charmarkco Evans insists a prospective juror’s comments during voir dire compelled the granting of his motion for mistrial. We find merit in Evans’ argument, reverse the conviction, and remand for a new trial.

During jury selection, in response to questions regarding whether anyone was familiar with the case or the parties, one of the prospective jurors indicated he worked at the county jail and knew the defendants “from work.” Later, this same juror…