State v. Miller

Defendant appeals several convictions for sexual offenses arising from the same incident. He assigns error to the court’s denial of his motion for a new trial based on alleged juror misconduct and to the action of a disqualified judge in hearing that motion. We hold that any juror misconduct does not justify setting aside the verdict and that defendant failed to preserve the disqualification issue and there is no reason for us to review it as plain error. We therefore affirm.

Shortly after the trial, Hearn, the jury foreperson, got in touch with defendant’s trial attorney and expressed concern…