State v. Langley, ___ N.C. App. ____, 803 S.E.2d 166 (Jun. 20, 2017)

rev’d on other grounds, ___ N.C. ___, 817 S.E.2d 191 (Aug. 17, 2018)

Although juror misconduct occurred, the defendant’s challenge failed because the error was invited. After it was reported to the judge that a juror did an internet search of a term used in jury instructions, the judge called the jurors into court and instructed them to disregard any other information and to follow the judge’s instructions. When the defendant moved for mistrial, the trial court offered to continue the inquiry, offering to interview each juror. The defendant did not respond to the trial judge’s offer. The court held: “Defendant is not in a position to repudiate the action and argue that it is grounds for a new trial since he did not accept the trial court’s offer to continue the inquiry when the judge offered to do so. Therefore, if any error took place, Defendant invited it.”