Trial Decisions—Juror Misconduct

"This Court reviews motions for new trial based on juror misconduct for abuse of discretion, and a district court will not be overturned unless a defendant demonstrates he was deprived of a fair and impartial trial."  State v. MacGregor, 2013 MT 297, ¶ 15, 372 Mont. 142, 311 P.3d 428.

"The trial court is in the best position to observe the jurors and to decide the potential for prejudice when allegations of juror misconduct are raised; therefore, the trial court has significant latitude when ruling on these matters, and its determination is given considerable weight by this Court.  This Court will defer to that determination absent a showing of prejudice."  State v. Rennaker, 2007 MT 10, ¶ 29, 335 Mont. 274, 150 P.3d 906 (internal citations omitted).