Reed v. State
Reed v. State
Opinion
Joseph Augustus Reed, the appellant, was convicted for the sale of cocaine and sentenced to ten years' imprisonment. That sentence was suspended with Reed to serve one year in jail and five years on probation. Reed raises two issues on this appeal from that conviction.
Applying the principles and reasoning of the court in Exparte Williams,
Reserve Police Officer McKinney testified at trial that he purchased the cocaine from the defendant. Officer Peers corroborated McKinney's identification of the defendant and testified that he observed the transaction, which occurred at night, through the tinted windows of a van.
After the jury had begun its deliberations it was recessed for the night and began its deliberations the next morning. At the hearing on the motion for new trial, juror Daisy Fay testified that during that recess she returned home and "looked out [her] van to see if you could see out windows that were tinted at night" because "[t]here was a question in [her] mind as to whether the officer could see out the window of the van, a tinted van at night." She stated that before she looked through the windows she was having "some problems" with Officer Peers' testimony.
Ms. Fay testified that she told the other members of the jury about her experiment only after the verdict had been returned. She stated, "The other man asked me why had I changed my verdict and I told him. I felt the man was guilty to start with."
The legal principles which govern the resolution of the present issue were recently set forth in Ex parte Lasley,
"There is no doubt that the home experiments constituted juror misconduct. The only question is whether the misconduct requires a new trial. The standard for determining whether juror misconduct requires a new trial is set forth in Roan v. State,
225 Ala. 428 ,435 ,143 So. 454 ,460 (1932)." 'The test of vitiating influence is not that it did influence a member of the jury to act without the evidence, but that it might have unlawfully influenced that juror and others with whom he deliberated, and might have unlawfully influenced its verdict rendered.' (Emphasis added.)
"The Roan test mandates reversal when juror misconduct might have influenced the verdict. This test casts a 'light burden' on the defendant. Ex parte Troha,
462 So.2d 953 (Ala. 1984)."
Application of those principles to this case requires that Reed be granted a new trial on the basis of juror misconduct.
Bolt v. State,
The significant fact which distinguishes Bolt from the present case is that in Bolt the experiment did not cause the juror to *Page 596
"change [his] vote afterwards." Bolt,
In this case, the integrity of the factfinding process has been impugned. See Lasley,
REVERSED AND REMANDED.
All Judges concur.
Reference
- Full Case Name
- Joseph Augustus Reed v. State.
- Cited By
- 9 cases
- Status
- Published