State v. Mylett, ___ N.C. App. ___, 822 S.E.2d 518 (Dec. 4, 2018)

rev’d on other grounds, ___ N.C. ___, ___ S.E.2d ___ (Dec. 11, 2018)

In this case involving a conviction for conspiracy to harass a juror, the trial court did not err by allowing the juror-witnesses to testify, over objection, about a fraternity fight that formed the basis for the criminal trial in which the defendant was accused of harassing jurors. The criminal trial involved the defendant’s brother Dan and the charges against Dan arose out of the fraternity fight. The defendant’s charges of intimidating jurors arose out of his conduct with respect to the jurors after they rendered their verdict in Dan’s case. The court rejected the argument that evidence regarding the underlying fight was character evidence and not introduced for a proper purpose under Rule 404(b). The court noted that it would have been nearly impossible to exclude all of the evidence of the fight underlying Dan’s trial as it forms part of the history of the defendant’s interaction with the jurors.