44 N.E.3d 111
Ind. Ct. App.2015Background
- Defendant Kastin E. Slaybaugh was convicted by a jury of Class B felony rape; conviction affirmed here except as to post-trial juror-misconduct claim.
- After trial, defense alleged Juror #2767 lied in voir dire by failing to disclose she was Facebook friends with relatives of the victim (screenshots and affidavits submitted).
- Trial court ordered deposition of the juror; juror testified she has over 1,000 Facebook friends, friended many for networking, did not personally know the victim or recognize her at trial, and had not read all posts from her Facebook friends.
- Trial court reviewed the juror’s deposition, Facebook materials, affidavits, and heard argument, then found the juror truthfully stated she had no knowledge of the victim or family and denied the motion for mistrial.
- On appeal, Slaybaugh argued juror nondisclosure of a Facebook friendship with the victim’s sibling constituted juror misconduct entitling him to a new trial.
- Court applied Indiana’s “probable harm”/gross-misconduct standard and affirmed, holding Facebook friend status alone did not prove gross juror misconduct or probable harm and decline to reweigh trial court credibility findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether juror’s failure to disclose being Facebook friends with victim’s relative during voir dire is juror misconduct warranting a new trial | Juror lied by failing to disclose a Facebook friendship with the victim’s sibling; friendship indicates a connection that should have been revealed and presumed prejudicial | Juror testified she did not know the victim or her family, had 1,000+ FB friends many of whom she did not personally know, and the Facebook friendship alone does not establish bias or probable harm | Court held Facebook friendship alone is insufficient to show gross juror misconduct or probable harm; affirmed trial court’s credibility finding that juror had no knowledge of victim/family |
Key Cases Cited
- Stephenson v. State, 864 N.E.2d 1022 (Ind. 2007) (to obtain new trial for juror misconduct defendant must show misconduct was gross and likely harmed defendant)
- Ramirez v. State, 7 N.E.3d 933 (Ind. 2014) (clarifying "probable harm" standard for juror-misconduct claims)
- Godby v. State, 736 N.E.2d 252 (Ind. 2000) (failure to disclose relationship may entitle party to new trial in certain circumstances)
- Sluss v. Commonwealth, 381 S.W.3d 215 (Ky. 2012) (Facebook "friend" status alone does not create presumption of juror bias; extent of relationship is the relevant inquiry)
- McGaha v. Commonwealth, 414 S.W.3d 1 (Ky. 2013) (reaffirming that mere Facebook friendship does not establish disqualifying relationship)
- Lopez v. State, 527 N.E.2d 1119 (Ind. 1988) (proof that a juror lied on voir dire or was biased ordinarily entitles defendant to new trial)