Intoxicated Juror

June 7, 2013

  • 388 Trial
  • 388VIII Custody, Conduct, and Deliberations of Jury
  • 388k304 k. Misconduct of Jurors.

388 TrialIn personal injuries action, trial court erred in refusing to declare mistrial when, on fourth day of trial, one of jurors appeared intoxicated by having alcohol on his breath, making grimacing motions, waving his hands and attempting to engage in conversation with other jurors during reception of evidence.
Goldring v. Escapa, 338 So.2d 871 (Fla.App. 3 Dist. 1976)
Suggested by Daina Bray, Associate; Phelps Dunbar LLP, Raleigh, NC