State v. Newsome, 378 S.E.2d 125 (Ga. 1989). · Go Syfert
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State v. Newsome, 378 S.E.2d 125 (Ga. 1989). Cases Citing This Book View Copy Cite
30 citation events (14 in the last 25 years) across 3 distinct courts.
Strongest positive: Lester v. State (ga, 2020-10-05)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Lester v. State (2×) also: Cited "see"
Ga. · 2020 · confidence medium
See Eller, 303 Ga. at 380 (summarizing juror affidavits as stating, among other things, that the alternates did not participate in deliberations); Newsome, 259 Ga. at 187-188 (not requiring evidence of non-participation but relying on juror affidavits otherwise establishing lack of influence); Johnson, 235 Ga. at 494-495 (evaluating evidence of participation in deliberations, which was explained as something more than merely 28 looking at some of the physical evidence).
discussed Cited as authority (rule) Eller v. State (2×) also: Cited "see"
Ga. · 2018 · confidence medium
OCGA § 15-12-171 provides that upon final submission of the case to the jury “the alternate jurors shall not retire with the jury of 12 for deliberation,” and if the court deems it advisable that one or more of the alternate jurors be kept available, they shall be kept “separate and apart from the regular jurors, until the jury has agreed upon a verdict.” “If an alternate juror does, in fact, sit in on the jury’s deliberations over the defendant’s objections,” then “there is a presumption of harm to the defendant that the State must overcome by presenting affirmative evidenc…
discussed Cited as authority (rule) London v. State
Ga. Ct. App. · 2003 · confidence medium
Johnson v. State, 235 Ga. 486, 494-495 (6) ( 220 SE2d 448 ) (1975) (finding harmless error after the State presented the affidavits of all 12 jurors and the alternate juror which demonstrated that the alternate did not vote on the verdict); State v. Newsome, 259 Ga. 187, 188 (2) ( 378 SE2d 125 ) (1989) (finding harmless error after affidavits of all 12 jurors showed alternate juror did not affect any juror or the jury’s verdict); Bullock v. State, 150 Ga. App. 824, 826 (2) ( 258 SE2d 610 ) (1979) (conviction reversed after the defendant made “vociferous objections” to the alternate juror…
discussed Cited as authority (rule) Pye v. State (2×)
Ga. · 1998 · confidence medium
State v. Newsome, 259 Ga. 187, 188 (2) ( 378 SE2d 125 ) (1989).
discussed Cited "see" Eller v. State (2×)
Ga. · 2018 · signal: see · confidence high
See Newsome , 259 Ga. at 187 , 378 S.E.2d 125 (harmless error because affidavits of all 12 jurors showed alternate juror did not affect any juror or jury's verdict); Johnson , 235 Ga. at 494 -495 , 220 S.E.2d 448 (harmless error because State presented affidavits of all 12 jurors and the alternate juror demonstrating that alternate did not influence jury).
discussed Cited "see" State v. Grovenstein (2×)
S.C. Ct. App. · 1997 · signal: see · confidence high
See State v. Newsome, 259 Ga. 187 , 378 S.E.2d 125 (1989); State v. Grant, 221 Mont. 122 , 717 P.2d 562 (1986). .
discussed Cited "see" Lawson v. State (2×)
Ga. Ct. App. · 1992 · signal: see · confidence high
Id. at 539 ; see State v. Newsome, 259 Ga. 187 ( 378 SE2d 125 ).
discussed Cited "see" Slaughter v. State (2×)
Ga. Ct. App. · 1991 · signal: see · confidence high
See State v. Newsome, 259 Ga. 187, 188 ( 378 SE2d 125 ); OCGA § 5-6-48 (d).
discussed Cited "see, e.g." Lance v. State (2×)
Ga. Ct. App. · 1989 · signal: compare · confidence low
Compare State v. Newsome, 259 Ga. 187 (2) ( 378 SE2d 125 ).
Retrieving the full opinion text from the archive…
The State
v.
Newsome
46478.
Supreme Court of Georgia.
Apr 14, 1989.
378 S.E.2d 125
Thomas J. Charron, District Attorney, Debra H. Bernes, Assistant District Attorney, for appellant., August Francis Siemon III, for appellee.
Weltner, Smith.
Cited by 12 opinions  |  Published
Weltner, Justice.

Thomas James Newsome was charged with two counts of child molestation, was found guilty by a jury, and was sentenced to a term of years. As the jury retired, the trial court, over objection, allowed the alternate juror to accompany the jury to the jury room to be present during deliberations. The trial court instructed the alternate that he could not participate in the jury’s deliberations, in fact could not speak, until and unless he was instructed by the court to the contrary. Newsome appealed his convictions contending the presence of the alternate juror during the jury’s deliberations constituted a violation of OCGA § 15-12-171 which provides, in part: “the alternate jurors shall not retire with the jury of 12 for deliberation” and that such violation is presumptively injurious to him.

1. After this matter was docketed in the Court of Appeals and with leave of court, the record in the trial court was supplemented with affidavits from the alternate juror and the twelve trial jurors. In its opinion the Court of Appeals stated:

[*188] Decided April 14, 1989. Thomas J. Charron, District Attorney, Debra H. Bernes, Assistant District Attorney, for appellant. August Francis Siemon III, for appellee.
The State carries its burden when it produces the affidavits of the twelve members of the jury that their decision was not influenced at all by the alternate juror’s presence. [Cit.] Ten of the jurors so stated in their affidavits. However, one juror merely stated that “I do not recall whether or not the alternate juror was present during jury deliberations.” Another stated: “I don’t think the alternate juror was present during jury deliberations.” Neither juror could or did confirm that her decision was not affected by the alternate’s presence. There was no post-verdict poll which might have resolved the factual question. Because the State has the burden, the failure to show unanimity as to lack of any influence was fatal.

Newsome v. State, 189 Ga. App. 329, 330 (375 SE2d 621) (1988). We granted certiorari to review the holding of the Court of Appeals.

2. After this matter was docketed in this court, the record in the trial court, with leave of this court, was supplemented with the affidavits of the two jurors who previously had failed to comment on whether the alternate juror had influenced the jury’s verdict. All of the affidavits establish that the alternate juror did not influence any juror, or the verdict of the entire jury. Accordingly, the presence of the alternate juror was harmless error. Johnson v. State, 235 Ga. 486, 493-5 (220 SE2d 448) (1975).

Judgment reversed.

All the Justices concur, except Smith, J., who dissents.