Opinion
No. 54770.
May 24, 1974.
IN RE: WILLIAM ROY JOHANSON APPLYING FOR REMEDIAL OR SUPERVISORY WRITS OF CERTIORARI, PROHIBITION AND MANDAMUS.
Writ denied. Trial judge was correct in not allowing the jurors to testify or give evidence impeaching their own verdict.
BARHAM, J., strongly dissents from this writ denial. This ruling permits jury misconduct to go undetected no matter how serious. Even bribery, coercion and such other reprehensible conduct will be protected. There is a conflict in our statutes and a contrary view in other jurisdictions. I will assign reasons in more detail in a case pending.