Page 20 - The People of the State of New York v. M. Robert Neulander - Brief for Amicus Curiae in Support of Defendant-Respondent

of

matter of
misconduct.
law.
as a matter of
law); People.v.
presentation of
juror misconduct.
law if
981, 85-86 (Ala. 2002) (
R. 20, 25, 36.

comprehend how, in the face of

Wadle, 77 P.3d 764, 771
with third parties about their opinions of
15
By the time of

other way when it credited her testimony, instead of

extraneous information" to jury affected the verdict); Ex
information pertinent to the case from an external source."

Numerous courts have granted new trials as a matter of
the uncontroverted evidence of
R.31.

granting a new trial as a
See People v. Roberson, Dkt No.1-11-0194, 2012 WL
there is a "reasonable possibility that the introduction of
the trial court held that "there was no showing that Juror 12 received external
trial was prejudicial as a matter oflaw); State v. Furutani, 873 P.2d 51, 58, 63
Thus, despite recognizing Juror 12's mendacity and attempts to obstruct
the hearing, however, Juror 12 had
evidence and closing arguments was unqualified as a matter of
Juror 12's texts
extraneous information pertaining to a principal issue at
demonstrated her elemental dishonesty, and the trial court improperly looked the
parte Arthur, 835 So.2d
justice, the trial court refused to grant a new trial, basing its decision on Juror 12'
testimony at the post-trial hearing, during which Juror 12 greatly downplayed her
the defendant and a key defense witness,
(Colo. Ct. App. 2003) (new trial required
s
law for various kinds
6955439, at *3 (Ill. App. Nov. 7, 2012) Guror who slept through significant part of