State v. Brown

In State v. Brown, 235 Conn. 502, 519-32, 668 A.2d 1288 (1995), the Court addressed the issue of how a trial court should respond to allegations of juror misconduct. The court also exercised its inherent supervisory power over the administration of justice and held that "a trial court must conduct a preliminary inquiry, on the record, whenever it is presented with any allegations of jury misconduct in a criminal case, regardless of whether an inquiry is requested by counsel." Id., 235 Conn. at 526. The court stressed that "although the form and scope of such an inquiry lie within a trial court's discretion, the court must conduct some type of inquiry in response to allegations of jury misconduct." Id. The Supreme Court reiterated that the type of preliminary inquiry required of a trial court largely is dependent on the unique factual circumstances of the allegation before it. It instructed trial courts, within the exercise of their sound discretion, to consider the type of inquiry necessary based on the following factors: (1) the private interest involved, (2) the risk of deprivation of a defendant's constitutional right to a trial before an impartial jury and (3) the state's interest in finality of judgments, protecting the privacy of jury deliberations and maintaining public confidence in the jury system. Id., 235 Conn. at 530-31. In Brown, the Supreme Court concluded that the trial court in that case had abused its discretion by failing to conduct some type of inquiry into allegations of juror misconduct. In that case, the trial court had received an anonymous letter addressed to it. The letter set forth "specific and facially credible allegations" of juror misconduct. Id., 235 Conn. at 524-25. The court received the letter in advance of sentencing. The defendant's attorney did not learn of the letter until the day of sentencing and "had only a limited opportunity to ask for an inquiry . . . ." Id., 235 Conn. at 525. The Court exercised its supervisory power over the administration of justice to require a trial court to "conduct a preliminary inquiry, on the record, whenever it is presented with any allegations of jury misconduct in a criminal case, regardless of whether an inquiry is requested by counsel. Although the form and scope of such an inquiry lie within a trial court's discretion, the court must conduct some type of inquiry in response to allegations of jury misconduct. That form and scope may vary from a preliminary inquiry of counsel, at one end of the spectrum, to a full evidentiary hearing at the other end of the spectrum, and, of course, all points in between. Whether a preliminary inquiry of counsel, or some other limited form of proceeding, will lead to further, more extensive, proceedings will depend on what is disclosed during the initial limited proceedings and on the exercise of the trial court's sound discretion with respect thereto." Id.