Causey v. State, 319 Ga. App. 841

Causey was tried in Clayton County and convicted of two counts of aggravated assault and one count each of making terroristic threats, criminal trespass, and theft by taking.
On the second day of deliberations, juror 53 failed to appear; the clerk reported a man identifying himself as the juror’s brother would contact him.
The court substituted the alternate juror for juror 53 after the parties agreed to the replacement.
Within minutes, the foreperson reported the alternate juror had told the jury about contact between juror 53 and a spectator thought to be affiliated with Causey.
The court questioned the foreperson and the alternate juror, then asked all jurors if anyone could not be fair and impartial; no jurors indicated any problem; deliberations continued.
Causey argued that trial counsel was ineffective for not seeking a mistrial based on the juror-contact incident; the trial court denied relief and the verdict was appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance for failure to move for mistrial due to juror contact	Causey (Causey) argues ineffective assistance.	State contends no deficient performance and no prejudice.	No deficient performance; no prejudice; mistrial not warranted.

Ledford v. State, 264 Ga. 60 (1994) (presumption of harm from improper juror-contact; lack thereof must be shown by State)
Sims v. State, 266 Ga. 417 (1996) (no reversible error where contact was innocuous and not prejudicial)
Holcomb v. State, 268 Ga. 100 (1997) (substance of communication established; no prejudice if not inherently prejudicial)
Huff v. State, 239 Ga. App. 83 (1999) (no prejudice where juror discussions occurred but could remain impartial)
Dowels v. State, 289 Ga. App. 369 (2008) (failure to move for mistrial based on limited, non-prejudicial contact not ineffective)