# Griffin v. State

> Indiana Court of Appeals · September 7, 2000 · 735 N.E.2d 258

URL: https://www.frixlaw.com/law-library/cases/9716032

## Case

- **Full name:** James R. GRIFFIN, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff
- **Court:** Indiana Court of Appeals
- **Decided:** September 7, 2000
- **Citations:** 735 N.E.2d 258; 2000 Ind. App. LEXIS 1386; 2000 WL 1285405
- **Precedential status:** Published
- **Opinion:** Concurrence by Baker
- **Judges:** Riley, Baker, Kirsch
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9716032

## Opinion text

BAKER, Judge,
concurring in result.
Although I concur in Parts II, III and IV of my colleagues’ opinion, I must respectfully concur in result as to Part I.
Whether an alternate juror improperly participated in a jury’s deliberation can only established by those in the jury room. For this reason, Ind. Evidence Rule 606(b)(3) permits evidence to disclose “whether any outside influence was improperly brought to bear on any juror.” Thus, I would allow consideration of the affidavits.
However, all this evidence only discloses that the defendant had the benefit of thirteen jurors rather than twelve. All twelve regular jurors agreed to the verdicts and, apparently, so also did the alternate. The defendant demonstrates no prejudice and, thus, may not impinge the trial court’s judgment.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9716032. Public record. Not legal advice.