Evans v. State

Banke, Presiding Judge.

On appeal from her conviction of selling cocaine, the appellant contends that the trial court erred in failing to declare a mistrial on the ground that the conduct of a juror tainted the jury panel during their deliberations.

After the jury had retired for deliberations, the foreman submitted a note to the court, stating as follows: “We have a juror that knows the defendant well enough to influence her decision. We (all jurors) request [the] presence of [an] alternate juror.” The trial court thereupon instructed the jury to cease deliberations and summoned the foreman to…