State v. Taylor

“The ‘guarantee of trial by an “impartial jury” means trial by a jury that is not biased in favor of or against either party, but is influenced in making its decision only by evidence produced at trial and legal standards provided by the trial court.’” State v. Amini, 331 Or 384, 391, 15 P3d 541 (2000).

On automatic and direct review of his convictions for aggravated murder, kidnapping, and other crimes, Defendant argued, among several other challenges, that the trial court erred when it refused to grant a mistrial on the basis of an alternate juror’s undisclosed bias. Defendant argued that the court should presume that the undisclosed bias of an alternate juror would impair Defendant’s constitutional right to trial by an impartial jury. “The ‘guarantee of trial by an “impartial jury” means trial by a jury that is not biased in favor of or against either party, but is influenced in making its decision only by evidence produced at trial and legal standards provided by the trial court.’” State v. Amini, 331 Or 384, 391, 15 P3d 541 (2000). The Court found that the alternate juror had not participated in the jury’s decision; had not expressed her bias to anyone connected with the trial; and that there was no evidence that her bias affected the jury’s verdict. The Court held that there could not be a presumption of prejudice when there is no evidence that the jurors were exposed to an improper consideration. Affirmed.