547.020. New trials — when granted. — The court may grant a new trial for the following causes, or any of them:
(1) When the jury has received any evidence, papers or documents, not authorized by the court, or the court has admitted illegal testimony, or excluded competent and legal testimony, or for newly discovered evidence;
(2) When the jury has been separated without leave of the court, after retiring to deliberate upon their verdict, or has been guilty of any misconduct tending to prevent a fair and due consideration of the case;
(3) When the verdict has been decided by means other than a fair expression of opinion on the part of all the jurors;
(4) When the court has misdirected the jury in a material matter of law;
(5) When the verdict is contrary to the law or evidence.
Notes of Decisions
State of Missouri v. Thomas A. Ess, 453 S.W.3d 196 (Mo. 2015).
· cites it 8× “Defense counsel mentioned section 547.020 to the circuit court during the evidentiary hearing on the motion for new trial, contrary to the dissenting opinion’s claim that Ess failed to raise either of these statutes in conjunction with the motion for new trial.”
State v. Rios, 314 S.W.3d 414 (Mo. Ct. App. 2010).
· cites it 8× “Analysis Section 547.020(2) 2 provides that the trial court may grant a new trial “[w]hen the jury has been separated without leave of the court, after retiring to deliberate upon their verdict, or has been guilty of any misconduct tending to prevent a fair and due consideration…”
State v. Harvey, 730 S.W.2d 271 (Mo. Ct. App. 1987).
· cites it 14× “We also note that both jurors testified to listening to the radio, however, no questions were asked either by the state or by the defense about what the jurors may have heard or learned about the trial from the radio broadcasts.”
State v. Babb, 680 S.W.2d 150 (Mo. 1984).
· cites it 6× “They may retire under the charge of an officer who, in case of a felony, shall be sworn to keep them together in some private or convenient room or place and not permit any person to speak or communicate with them, nor do so himself, unless by order of the court, or to ask them…”
State v. Shockley, 410 S.W.3d 179 (Mo. 2013).
· cites it 2× “Shockley claims a violation of section 547.020 in the argument section of his brief (although he does not mention it in his point relied on).”
State v. Scott, 200 S.W.3d 41 (Mo. Ct. App. 2006).
· cites it 6× “Further support for the propriety of a trial court's reconsideration of its ruling on a motion to suppress is found in the trial court's statutory authority to grant a new trial based upon grounds identified in the motion for new trial.”
State v. Johnson, 586 S.W.2d 437 (Mo. Ct. App. 1979).
· cites it 3× “Although the sheriff gave permission to have a drink, some of the jurors did observe the trial judge sitting at a table across the room.”
Fonville v. State, 563 S.W.3d 794 (Mo. Ct. App. 2018).
· cites it 4× “30] Fonville argues that reasonably competent counsel would have then presented affidavits or testimony to the trial court to demonstrate that, pursuant to section 547.020 5 , a new trial was necessary because "the verdict [was] decided by means other than a fair expression of…”
State v. Hayes, 637 S.W.2d 33 (Mo. Ct. App. 1982).
· cites it 5× “The officer shall not communicate to any person the state of their deliberations; provided, however, when there are women members of a jury, they may be kept separate from the men members of the jury, if any, and under the charge of a woman officer of the court during any time…”
State v. Herndon, 224 S.W.3d 97 (Mo. Ct. App. 2007).
· cites it 3× “]” Section Section 547.020(2), RSMo 2000. The circuit court has broad discretion in determining whether or not the state has met its burden of establishing that the communication was harmless.”
State v. Kelly, 851 S.W.2d 693 (Mo. Ct. App. 1993).
· cites it 3× “1 He further observed that the location of streets in the City was or could be a matter of common knowledge among City residents, which the jurors were, and that jurors bring their experiences with them, including their knowledge of City streets.”
State v. White, 138 S.W.3d 783 (Mo. Ct. App. 2004).
· cites it 4× “A new trial is warranted under Section 547.020(2) when jury misconduct tends to prevent a fair and due consideration of the case.”
— Mo. Rev. Stat. § 547.020(1) — 2 cases
— Mo. Rev. Stat. § 547.020(2) — 11 cases
State v. Rios, 314 S.W.3d 414 (Mo. Ct. App. 2010).
“Analysis Section 547.020(2) 2 provides that the trial court may grant a new trial “[w]hen the jury has been separated without leave of the court, after retiring to deliberate upon their verdict, or has been guilty of any misconduct tending to prevent a fair and due consideration…”
State of Missouri v. Thomas A. Ess, 453 S.W.3d 196 (Mo. 2015).
“Defense counsel mentioned section 547.020 to the circuit court during the evidentiary hearing on the motion for new trial, contrary to the dissenting opinion’s claim that Ess failed to raise either of these statutes in conjunction with the motion for new trial.”
State v. Herndon, 224 S.W.3d 97 (Mo. Ct. App. 2007).
“]” Section Section 547.020(2), RSMo 2000. The circuit court has broad discretion in determining whether or not the state has met its burden of establishing that the communication was harmless.”
State v. White, 138 S.W.3d 783 (Mo. Ct. App. 2004).
“A new trial is warranted under Section 547.020(2) when jury misconduct tends to prevent a fair and due consideration of the case.”
— Mo. Rev. Stat. § 547.020(5) — 1 case
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