Supreme Court of Alabama

Ex Parte Roger Dixon (in Re Roger Dixon v. State of Alabama)

June 30, 20102010 Ala. LEXIS 118

Summary

The court held that the juror’s failure to disclose pending criminal charges and ongoing discussions with the district attorney created sufficient probable prejudice to require a new trial. The defendant met the applicable standard through trial counsel’s testimony that counsel would have challenged the juror and through the obvious potential for bias. The court reversed the convictions and remanded for a new trial.