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VIRAY v. STATE

No. 42325.

111 P.3d 1079 (2005)

Benjardi Batucan VIRAY, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

May 26, 2005.

Attorney(s) appearing for the Case

Philip J. Kohn, Public Defender, and Craig F. Jorgenson, Chief Deputy Public Defender, Clark County, for Appellant.

Brian Sandoval, Attorney General, Carson City; David J. Roger, District Attorney, and James Tufteland, Chief Deputy District Attorney, Clark County, for Respondent.

Before ROSE, GIBBONS and HARDESTY, JJ.

OPINION

HARDESTY, J.

Although it is clear that a district court must grant a mistrial in cases of prejudicial juror misconduct,1 on appeal we consider whether a juror can be removed mid-trial and substituted by an alternate for violating the court's admonishment not to discuss the case before deliberations.

Appellant Benjardi Batucan Viray contends that the district court...

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