State v. Lee

In State v. Lee, 335 N.C. 244, 439 S.E.2d 547, cert. denied, 513 U.S. 891, 130 L. Ed. 2d 162, 115 S. Ct. 239 (1994), the trial court excused two jurors under circumstances similar to those in the present case. As the clerk called prospective jurors to the box, the trial court disclosed, on the record, that it had excused the jurors, one due to personal illness and the other due to the illness of a family member. The Court held the trial court's disclosure revealed the substance of the communication between the court and the jurors, and that both had been excused upon proper grounds. Lee at 262-263, 439 S.E.2d at 555-56. Similarly, in State v. Hartman, 344 N.C. 445, 476 S.E.2d 328 (1996), the trial court disclosed on the record that it had excused a juror who had presented a doctor's note. The defendant did not object to the court's memorialization of the communication and the Supreme Court found no reason, therefore, to doubt its accuracy or completeness. The Court held that the memorialization showed that the juror had been properly excused for medical reasons and the trial court's private communication with the juror was harmless beyond a reasonable doubt.