Summary
In State v. Barber, 97-2749 (La. 4/24/98), 708 So.2d 1054, the Louisiana Supreme Court remanded the case for a hearing to determine whether and to what extent the presence of alternate jurors in the jury room during deliberations may have affected the outcome.
Summary of this case from State v. ClarkOpinion
No. 97-K-2749
April 24, 1998
IN RE: Barber, Vincent; — Defendant(s); Applying for Writ of Certiorari and/or Review; Parish of Catahoula 7th Judicial District Court Div. "B" Number 94-1645; to the Court of Appeal, Third Circuit, Number CR96-1528
Granted. See per curiam.
BJJ
PFC
WFM
CDK
JPV
JTK
LEMMON, J. not on panel.
TRAYLOR, J. would deny the writ.
On Writ of Certiorari to the Third Circuit Court of Appeal
GRANTED IN PART, DENIED IN PART. This case is remanded to the district court for an evidentiary hearing to determine whether or to what extent the presence of alternate jurors in deliberations may have affected the outcome. Participation by alternates in deliberations is an extraneous influence on the jury representing a prima facie case of prejudice requiring reversal. La.C.E. art. 606 (B); State v. Howard, 573 So.2d 481 (La. 1981); State v. Smith, 367 So.2d 857 (La. 1979). Louisiana courts are "required to take evidence upon well-pleaded allegations of prejudicial juror misconduct. . . ." State v. Graham, 422 So.2d 123, 131-132 (La. 1982); State v. Horne, 679 So.2d 953, 958 (La.App. 2nd Cir. 8/21/96), writ denied, 688 So.2d 521 (La. 2/21/97); State v. Sanders, 539 So.2d 114, 121 (La.App. 2nd Cir.), writ denied, 546 So.2d 1212 (La. 1989);State v. Duncan, 563 So.2d 1269, 1272 (La.App. 1st Cir. 1990).See also State v. Searile, 643 So.2d 455, 457-458 (La.App. 3rd Cir. 10/5/94). At the conclusion of the hearing, the trial court shall determine whether a new trial or other appropriate relief is required, reserving to the parties a right to seek review of the ruling.