Jurors Must Not Deliberate Until So Instructed By Judge

 Standard instructions to the jury prior to the hearing of evidence include that they must not discuss the case among themselves until after final instructions and submission of the case to them.  The Georgia Court of Appeals in McCloud v. Georgia, decided 5-1-24, rendered a decision in a case where a bailiff noticed juror notes on a whiteboard in the jury room.  The bailiff told the jurors they must not discuss the case until the judge told them to deliberate.  However, the bailiff also erased the whiteboard but should have at least taken a photo of the notes and informed the judge so the judge could deal with the issue.  The defendant was convicted.  On appeal he alleged ineffective assistance of counsel in that his attorney did not seek a mistrial once the "deliberations" issue was revealed.  The appellate court found this was not a basis for ineffective assistance of counsel as trial counsel felt the trial was going well and that a second trial would not likely have a better result, expressly waived any objection and only sought a curative instruction.  Perhaps defense counsel would have addressed the issue differently had counsel seen the notes, but that would have revealed how some of the jurors were thinking (which is forbidden).

Source: National Center for State Courts