State v. Johnson, 90 A.3d 874

Edward Johnson was convicted after a jury trial in Washington Superior Court of multiple offenses, including attempted aggravated murder, kidnapping, lewd and lascivious conduct, unlawful trespass, and habitual offender enhancement.
During voir dire, a prospective juror disclosed knowledge of another case involving Johnson, prompting a defense motion for mistrial.
The court denied mistrial, offered a limiting instruction which Johnson declined, and ultimately empanelled a panel with the offending juror removed.
Trial witnesses included Johnson’s ex-girlfriend and the victim’s son; the victim was stabbed in the neck during the assault.
The neighbor identified Johnson at the scene, DNA evidence linked Johnson to the scene, and evidence suggested an unreliable alibi; the defense questioned the strength of the DNA and alibi.
Johnson did not present witnesses; the court denied a Rule 29 motion challenging sufficiency of the evidence, and the jury found him guilty on several counts and habitual offender enhancement.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the mistrial was required due to extraneous juror information	Johnson	Johnson	Mistrial not required; curative instructions sufficed
Whether the evidence was sufficient to prove Johnson’s identity as the perpetrator	State	Johnson	Sufficient evidence found; identity proven with neighbor testimony and DNA
Whether the evidence supported Johnson’s intent to kill	State	Johnson	Sufficient evidence of intent; stabbing and surrounding circumstances supported intent

State v. Grega, 168 Vt. 363 (1998) (standard for mistrial decision review)
State v. McKeen, 165 Vt. 469 (1996) (trial court taint and mistrial standard; appellate review)
State v. Pelican, 154 Vt. 496 (1990) (impartial jury requirement and taint considerations)
State v. Wool, 162 Vt. 342 (1994) (extraneous influence and taint analysis framework)
State v. Woodard, 134 Vt. 154 (1976) (capacity of extraneous influence to affect verdict)
State v. Gorbea, 169 Vt. 57 (1999) (taint and impartial jury considerations)
State v. Lee, 185 Vt. 110 (2008) (curative instructions and prejudice analysis)
State v. Squiers, 2006 VT 26 (2006) (effect of curative instructions on taint)
State v. Abdi, 2012 VT 4 (2012) (limits of extraneous information impact on verdict)
State v. Synnott, 2005 VT 19 (2005) (elements of attempt and overt act to support conviction)
State v. Cole, 150 Vt. 453 (1988) (ability to infer intent from strong circumstantial evidence)