Defendant Entitled to Hearing Regarding Juror's Non-verbal Communications With Husband in Courtroom During Trial

http://www.ca10.uscourts.gov/opinions/11/11-6293.pdf

This link is to a federal decision granting a hearing to defendant following a murder conviction in which the trial court must investigate further a juror's non-verbal communications with her husband in the courtroom audience during the trial.  These decisions are becoming more frequent in which the trial judge's failure to conduct a hearing regarding alleged juror misconduct is found to be error.
The harmlessness of a juror's conduct can only be determined after a full-blown hearing.