North Dakota v. Glick

Noah Glick appealed after a jury found him guilty of aggravated assault. After voir dire concluded, the parties exercised their peremptory challenges and the jury was selected and sworn, and the remaining prospective jurors were excused. A former prospective juror then approached the bailiff indicating he wished to bring something to the attention of the court. The former prospective juror informed the judge, Glick and the State that during voir dire a juror sitting next to him, juror D.G., leaned over and told him "she had been a victim of an assault by her boyfriend but she said she had gotten over it." The former prospective juror was a lawyer and felt, as an officer of the court, he had to disclose the statement because D.G. did not raise her hand when the State asked if anyone had been in a fight, and she did not answer when Glick asked if anyone had been the victim of an assault. The district court questioned the juror in chambers, while Glick and the State were present. After the district court's additional questions, Glick moved for mistrial based on juror misconduct. The district court denied Glick's motion. The North Dakota Supreme Court found no abuse of the trial court’s discretion in denying the motion for mistrial. View "North Dakota v. Glick" on Justia Law