Carroll v. State

In Carroll v. State, 111 Nev. 371, 892 P.2d 586 (Nev. 1995), the jury had been deliberating for approximately two days before the substitution of an alternate juror. The trial court instructed the alternate juror that he was to go in with the jury and the other jurors would bring him up to speed but failed to admonish the reconstituted jury to disregard its past deliberations and begin deliberating anew. The reconstituted jury reached a verdict approximately two hours later. Despite the overwhelming evidence against the defendant, the appellate court refused to determine that the error in failing to instruct the reconstituted jury to begin deliberations anew was harmless. The court held that the short amount of time it took the reconstituted jury to reach a verdict may have indicated that the alternate juror was unduly influenced by the rest of the jury.