Mistrial for Juror Witness Conversation About the Case
In Evans v. Abbey, 130 Ariz. 157, 158, 634 P.2d 969, 970 (App. 1981) a juror engaged a witness in conversation about the case.
The Court concluded the trial court had abused its discretion in declaring a mistrial over the defendant's objection when the court "did not attempt to determine whether the jury was prejudiced by the alleged misconduct and where such inquiry might have led the court to correct the situation with the mere dismissal of the individual juror." Id. at 160, 634 P.2d at 972.