Bouey v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “if the alternate is present at any time after the deliberations commence, which is the time the jurors begin discussion of the case, then the error is fundamental and mistrial or a new trial is necessary”
• finding that a harmless error analysis is appropriate if the alternate juror is present only during limited organizational activity
• observing that when the prosecutor advised the court that he had been made aware that the alternate juror had accompanied the six primary jurors to the deliberation room, both attorneys requested an opportunity to establish a record of what had happened with regard to the alternate juror
• harmless error analysis is appropriate if the alternate juror is present only during the time the jury engages in organizational activity such as taking breaks, making phone calls, or electing the foreperson

Source: CourtListener parenthetical corpus (CC0).