State v. Chin.

Opinion of the Court By

POLLACK, J.

A fair trial by an impartial jury is a basic protection provided by the United States Constitution and the Hawaii State Constitution to the accused in a criminal case. State v. Keliiholokai, 58 Haw. 356, 357, 569 P.2d 891, 893 (1977). Inherent in this protection is the defendant’s right to receive a fair trial by an impartial jury, free from improper prejudice resulting from outside influences or juror misconduct. Id. Where the existence of an outside influence such as juror misconduct is brought to the attention of the trial court, the court must ascertain…