State v. MadrenAnnotate this Case
The Supreme Court reversed the judgment of the court of appeals affirming the district court's denials of Defendant's motions for mistrial and new trial, holding that the district court erred in failing to hold an evidentiary hearing.
Defendant was convicted of first degree sexual assault. Defendant filed motions for mistrial and new trial after the district court mistakenly failed to dismiss an alternate juror who remained with the jury during the first hour of deliberations. The district court denied the motions, and the court of appeals affirmed. The Supreme Court reversed and remanded the case, holding that the district court erred in failing to hold an evidentiary hearing regarding the alternate juror participation in deliberations.