State v. Galbreath, COA 24-48, ___ N.C. App. ___ (Sept. 3, 2024)

In this Wake County case, defendant appealed his convictions for statutory rape of a child, sex offense with a child, and indecent liberties with a child, arguing error in denying his motion for a mistrial after one juror was dismissed for taking home notes during the trial. The Court of Appeals found no error. 

Defendant sexually abused his daughter from November of 2018 to August of 2019, when the daughter called police after defendant struck her. At trial, the daughter testified as to the repeated sexual abuse she experienced. During the State’s case, a bailiff noticed that Juror 4 tore out pages of notes and took them with her when court recessed for the day. One of the DA’s legal assistants also noticed Juror 4 discussing research she did, including possibly child or psychological development. The trial court questioned Juror 4, who denied having conversations about development but admitted to tearing out pages of notes; the trial court removed her and appointed an alternate juror in her place. Defense counsel moved for a mistrial, and the trial court examined each juror individually, inquiring about their contact with Juror 4. After the examination, the trial court concluded the other jurors could serve impartially and denied the motion for a mistrial. 

Considering defendant’s argument, the Court of Appeals noted that “[b]ecause the trial court is in the best position to examine the facts and circumstances, we give great weight to its determination of whether juror misconduct occurred and whether to declare a mistrial.” Slip Op. at 6. Here, the other jurors did not overhear discussions about child development from Juror 4, and the testimony from the remaining jurors showed they could remain impartial. The court did not agree that defendant was prejudiced, and determined “the trial court properly discharged its duty to investigate possible juror misconduct.” Id. at 10.