State v. GeorgeAnnotate this Case
The Supreme Court affirmed Defendant's conviction of felony DUI, disorderly conduct, and driving with a suspended license, holding that Defendant was not entitled to relief on his unpreserved claim that the district court violated his fundamental right to be present when it discuss with counsel in his absence the potential substitution of an alternate juror.
During trial, the trial was continued and the jury was excused. Several days later when the trial resumed a juror failed to appear. The court met with counsel to discuss the juror's absence, but counsel did not object to Defendant's absence. The court decided not to substitute an alternate juror, and the trial resumed that day after the juror arrived. The jury subsequently found Defendant guilty. On appeal, Defendant argued that by holding the conversations regarding the absent juror in his absence the district court violated his right to be present. The Supreme Court affirmed, holding that the violation of Defendant's right to be present did not result in a miscarriage of justice or call the fundamental fairness of his trial into question.