State v. Berrios
Annotate this CaseAfter a jury trial, Defendant was convicted of robbery in the first degree. Defendant appealed, asserting that the trial court erred in denying his motion for a mistrial on the ground that his mother had tampered with the jury by approaching a juror outside the courthouse and speaking to him about the evidence in the case. The Supreme Court affirmed, holding (1) the presumption of prejudice in jury tampering cases set forth by the United States Supreme Court in Remmer v. United States remains good law in cases of external interference with the jury’s deliberative process via private communication, contact, or tampering with jurors about the pending matter; and (2) the State carried its burden of proving that the actions of Defendant’s mother did not lead to the reasonable possibility that any juror’s ability to decide this case fairly and impartially was affected.
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