Dimas-Martinez v. StateAnnotate this Case
Appellant Erickson Dimas-Martinez was convicted of capital murder and aggravated robbery and sentenced to death and life imprisonment, respectively. The Supreme Court reversed Appellant's conviction and sentence, holding that the circuit court erred in failing to dismiss a juror who disregarded the circuit court's instructions and, thereafter, in failing to grant Appellant's motion for a mistrial based on allegations of juror misconduct. The fact that one juror fell asleep during the guilt phase of the trial, which was brought to the circuit court's attention, and the fact that a second juror was posting on his Twitter account during the case and continued to do so even after being questioned by the circuit court, constituted juror misconduct. Additionally, the Court concluded that the appropriate standard a circuit court should apply in determining whether to submit an aggravating circumstance to the jury is that of substantial evidence, and the Court would no longer follow the standard utilized in Willett v. State and its progeny. Remanded for a new trial.