State v. Thomas

Citations

• 2019 ND 194
• 931 N.W.2d 192

Syllabus

Granting a mistrial is an extreme remedy and should only be resorted to when a fundamental defect or occurrence in the trial proceedings exists that makes it evident that further proceedings would be productive of manifest injustice. When a party discovers evidence of juror misconduct, the proper procedure is to cease investigation to reduce the possibility of juror taint from extraneous pressures and to notify the district court so it can conduct appropriate questioning.