Juror Punching Himself in the Face During Deliberations Was Properly Dismissed

 On 2-2-23 the Washington Supreme Court reversed its Court of Appeals and upheld the trial court's dismissal of a juror who became overwrought and punched himself in the face shortly after deliberations began.  Jurors reported they were uncomfortable being in a small room with this juror during further deliberations. No one wanted to sit by him.  The trial judge determined that the jurors conduct "affected the jury's process of deliberating freely" (jurors were worried about speaking freely, afraid his behavior would reoccur) and he was dismissed.   The juror and 2 others were interviewed by the judge.  The jury then convicted the defendant on 2 felony counts.  There is lengthy discussion in the opinion and concurrence showing the difficulty in deciding whether to discharge a deliberating juror when the state has a heightened evidentiary standard for a juror accused of nullification, refusing to follow the law, or refusing to deliberate.  The trial judge found the heightened standard did NOT apply and the Supreme Court agreed.

State v. Norman, No. 100777-9 (Feb 2, 2023)