Gaines v. State

A jurors biased comments about the defendant's bad character during deliberations entitled the defendant to a new trial.

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A Tift County jury found Rodney Gaines guilty beyond a reasonable doubt of aggravated assault, OCGA § 16-5-21 a 2 with a deadly weapon. Following the denial of his motion for a new trial, Gaines appeals, contending that juror misconduct denied him a fair trial. For the following reasons, we reverse. In his motion for a new trial, Gaines alleged that during voir dire one of the jurors falsely denied knowing Gaines and then during deliberations told other jurors that she knew him and gave her very negative opinion of his character. When a party moves for a new trial based on alleged juror misconduct, “whether juror misconduct occurred is a question of fact for the trial judge. Indeed, motions for new trial because of improper conduct of jurors . . . are addressed to the sound discretion of the trial judge. Unless there is an abuse of discretion, the appellate court will not upset the trial judge’s determination.” Footnotes and punctuation omitted. Goldsby v. State __Ga. App.__, __ 9 Case No. A05A0143, decided June 6, 2005.

The record shows the following facts. During voir dire, the prosecutor asked the panel if anyone knew Gaines. Only one prospective juror, a man, responded that he did. During the hearing on Gaines’ motion for new trial, a juror “E. W.” testified that during the jury’s deliberations, before he had decided how he was going to vote, another juror “E. S.” said, “I know that man Gaines, he’s a mean man, and that other man the victim is lucky to be alive.” E. W. testified that at that point he voted guilty, based on weaknesses in the State’s evidence and based on E. S.’s jury-room statement, and the jury reached a unanimous guilty verdict. Gaines opted not to call E. S. at the hearing on his motion for new trial, and E. W.’s testimony that E. S. made such a statement was undisputed.

Gaines v. State

A jurors biased comments about the defendant's bad character during deliberations entitled the defendant to a new trial.

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