Ex Parte Potter

We have granted the defendant Willie Junior Potter's petition for a writ of certiorari to the Court of Criminal Appeals. Potter argues that the decision of the Court of Criminal Appeals conflicts with decisions of that court and decisions of this Court. He argues that the Court of Criminal Appeals erred in holding that the unauthorized viewing of the scene of his alleged crime by three jurors did not require a new trial.

Potter was convicted by a jury of criminally negligent homicide, § 13A-6-3(a)(1), Ala. Code 1975, based on his striking a pedestrian, Fred Crowser, Sr., while driving his car…