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DIXON v. STATE

No. 84S00-8609-CR-820.

524 N.E.2d 2 (1988)

Michael DIXON, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 7, 1988.

Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, Theresa D. Harper, Deputy Public Defender, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Louis E. Ransdell, Deputy Atty. Gen., Indianapolis, for appellee.

SHEPARD, Chief Justice.

This case presents the question of whether Trial Rule 47 permits a judge to replace a juror who refuses to participate in jury deliberations. We hold that it does.

Appellant Michael Dixon was tried by jury and convicted of burglary, a Class B felony, Ind. Code § 35-43-2-1 (Burns 1985 Repl.). The jury also found he was an habitual offender, Ind. Code § 35-50-2-8 (Burns 1985 Repl.)...

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