The COA affirmed the denial of a new trial motion today. It first stated that a juror's inability to hear trial testimony may not be "juror misconduct" under I.C. 19-2406(1), the statute governing new trial motions. Even assuming it is, the defendant's motion was correctly denied because he did not make a showing that the misconduct prevented a "fair and due consideration of the case." The COA noted that "[a]ll of the jurors [who testified said] that they could hear every question asked of a witness and all of the witnesses' answers."
State v. Calvin Strange, http://www.isc.idaho.gov/opinions/Strange,%20Calvin.pdf
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