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Merritt v. State

The trial court was not required to question each individual juror about the jury's brief discussion of the case following the testimony of the first witness.

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A jury found Hope Merritt guilty of theft by taking. Merritt appeals, alleging the trial court erred by 1 failing to question each juror after the law clerk heard discussions about the case coming from the jury room before the close of evidence, 2 failing to permit him to cross-examine the victims about three lawsuits and judgments against them, and 3 denying his motion for new trial on the basis that the state withheld the case detective’s supplemental report. Because each of these enumerations of error lacks merit, we affirm.

Viewed in a light most favorable to support the jury’s verdict, the evidence shows that the victims, Reginald and Constance Johnson, employed Merritt as their accountant in 1981. In 1991, Merritt suggested the Johnsons invest in a jumbo certificate of deposit with some of his other clients. He told the Johnsons that the certificate of deposit would result in an excellent return, but that there would be no paperwork with the Johnsons’ name on it because of the nature of the investment. Over the next few years, the Johnsons gave Merritt between $200,000 and $250,000 to invest.

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