Tuesday, April 24, 2012

Another juror misconduct decision from the Oklahoma Supreme Court

“[J]uror's affidavit demonstrating the injection into the deliberative process of extraneous prejudicial information was admissible under the "extraneous prejudicial information" exception to 12 O.S. 2011 §2606(B). Furthermore, counsel were entitled to rely on the foreperson's guarantee to the trial court that she would not allow her professional expertise to override the testimony presented. Because there is evidence to the contrary, we hold that there was no abuse of discretion in ordering a new trial for juror misconduct during deliberations.” http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=465459