State v. Oliver, 210 N.C. App. 609 (Apr. 5, 2011)

The trial court did not abuse its discretion by denying the defendant’s mistrial motion. During a recess at trial, a juror was approached by a man who said, “Just quit, and I’ll let you go home.” Upon return to the courtroom, the trial court inquired and determined that six jurors witnessed the incident. The trial court examined each juror individually and each indicated that the incident would not affect his or her ability to follow the trial court’s instructions or review of the evidence. Given the trial court’s response and the lack of evidence showing that the jurors were incapable of impartially rendering their verdict, the trial court did not abuse its discretion by denying the motion.