State v. Schwanda

Defendant Lawrence Schwanda appeals his conviction for driving while under the influence of intoxicating liquor, 23 V.S.A. § 1201(a)(2), on the ground that the trial court erroneously denied his motions for mistrial based on two instances of alleged juror misconduct. We affirm.

The first incident occurred just prior to defendant’s trial when one of the jurors approached the state’s attorney and initiated a brief conversation with him in full view of the other jurors and defendant and his attorney concerning a voir dire which had taken place on the previous day in an unrelated matter. The juror *231…