Martin v. Blackmon

640 S.W.2d 435, 277 Ark. 190, 1982 Ark. LEXIS 1534
CourtSupreme Court of Arkansas
DecidedOctober 18, 1982
Docket82-72
StatusPublished
Cited by10 cases

This text of 640 S.W.2d 435 (Martin v. Blackmon) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Martin v. Blackmon, 640 S.W.2d 435, 277 Ark. 190, 1982 Ark. LEXIS 1534 (Ark. 1982).

Opinions

Frank Holt, Justice.

The principal issue in this case is whether the trial court erred in setting aside its declaration of a mistrial and reinstating the jury verdicts.

On November 24, 1981, a jury rendered verdicts of $222,698.81 in favor of appellee Delma Gold and $18,755.76 in favor of appellees Kenneth and David Blackmon against the appellants Clyde Martin and Arkansas Power and Light Company. The appellants’ attorney requested that the trial court poll the jury. The court then asked each of the eleven jurors, who had signed the verdicts, whether they were his or her own verdicts and “not the result of compromise.” Ten jurors spontaneously affirmed the verdicts as their own. One juror stated, “That was compromise.” Upon further questioning, another juror stated that the verdicts were a “compromise.” Thereupon, one juror asked the court to explain what he meant by “compromise,” and the court gave the following explanation:

Well, what I’m saying is that after you all have had every opportunity to discuss it that you are not to of course give up your own individual ideas after you have had an opportunity to discuss it between yourselves and to debate it then if this is a pure compromise such as if you all wrote down a figure and divided it by eleven it’s compromise.

After this explanation another juror stated that the verdicts were a compromise. The trial court declared a mistrial and excused the jury. As the jury dispersed, appellants’ counsel also left while counsel for the appellees were attempting to object and explain that the verdict, although a compromise, was valid or permissible inasmuch as there was no showing that the jury agreed to be bound in advance.

Within the next week, without notice to appellants’ counsel and without approval of the court, the attorneys for the appellees obtained affidavits, transcribed by the official court reporter, from each of the eleven jurors stating that the jury had, without previous agreement to be bound by the results, taken the average of the percentage of liability each would assign to the appellants and used that as a basis for discussion. The average was 76% fault attributable to the appellants. The jury then concluded that this average was too high and reduced the amount of fault attributed to the appellants to 60%. The verdicts represent 60% of the amount requested by the appellees.

After obtaining the affidavits, the appellees moved the trial court to set aside the mistrial order and reinstate the jury verdicts. At a hearing on the motion, over the objection of appellants’ counsel, the affidavits were read to the court and entered into evidence. The trial court candidly acknowledged that he had erred in declaring the mistrial since the verdict was not “a lot verdict” and reinstated the verdicts. A few days later the appellants moved to have the mistrial order reinstated. The court’s written order denying appellants’ motion to reinstate the mistrial states, in pertinent part:

. . . [A]fter considering a transcript of the proceedings conducted by this Court of November 24,1981 at the conclusion of the trial of the cause herein, the responses of the Jurors to the Court’s questioning, and arguments of counsel, . . .
The court specifically finds that the polling of the jury tended to confuse the jury, and that the Court while attempting to identify if a verdict had been reached by lot, inquired if the jurors had ‘compromised’ in reaching their verdict....
After considering the Arkansas cases on the subject, and reviewing the transcription of the jurors’ statements taken by the official court reporter at the time the verdict was rendered to the Court, the Court is of the opinion that there is no evidence that the verdict was reached by lot or in such a manner as would render the verdict impermissible. (Italics supplied.)

The court further found:

. .. [T]his court need not rely upon those affidavits or statements in reaching its decision herein. The record according to the statements of the jurors before being dismissed is clear of any evidence of misconduct or of the jury having reached its verdict by lot. (Italics supplied.)

Appeal is taken from that order denying the motion to reinstate the mistrial.

The appellants argue that the appellees should have been required to clear up any confusion at the verdict proceedings by requesting that the jury be polled further. Ark. Stat. Ann. § 27-1737 (Repl. 1979); Smith v. Perkins, 246 Ark. 427, 439 S.W.2d 275 (1969). Unlike Smith, appellees here objected and did all they could reasonably be expected to have done under the circumstances, as indicated previously, to correct the trial court’s mistake and clear the confusion at the time of the verdict proceedings.

The appellants also argue that the trial court erred in accepting into the record the eleven juror affidavits, and, therefore, it erred by granting the motion to reinstate the jury verdict and by denying the motion to reinstate the mistrial. Appellees respond that although an affidavit may not be received to impeach a verdict, it may be received into evidence to support a verdict. Pleasants v. Heard, 15 Ark. 403 (1854); and Stanton v. State, 13 Ark. 317 (1853). Here, however, we must agree that this evidence is inadmissible pursuant to Ark. Stat. Ann. § 28-1001 (Repl. 1979), Rule 606 (b), Uniform Rules of Evidence. That rule clearly states that “a juror may not testify as to any matter or statement occurring during the course of the jury’s deliberations” but “may testify on the questions whether extraneous prejudicial information was improperly brought to the jury’s attention or whether any outside influence was improperly brought to bear upon any jurors.” Ashby v. State, 271 Ark. 239, 607 S.W.2d 675 (1980); Sanson v. Pullum, 273 Ark. 325, 619 S.W.2d 641 (1981); Veasey v. State, 276 Ark. 457, 637 S.W.2d 545 (1982). This is in contrast to the previous Arkansas statute, which allowed questioning of jurors to ascertain whether the verdict was by lot. Ark. Stat. Ann. § 43-2204 (Repl. 1964). This statute was specifically repealed when the Uniform Rules of Evidence were adopted. Acts 1975 (Extended Sess. 1976), No. 1143 § 2. Presently, it appears the law in Arkansas governing the admissibility of jurors’ testimony with respect to their deliberatons is Rule 606 (b), which does not permit questioning jurors to ascertain whether they reached their verdict by lot. Further, Rule 606 (b) makes no distinción between questioning jurors to impeach a verdict and questioning them to support a verdict. Therefore, we think our caveat in Sanson v. Pullum, 273 Ark. 325, 619 S.W.2d 641 (1981), is applicable here. There we said:

... [I]t is improper for a lawyer to interview jurors after a trial in an effort to obtain such inadmissible affidavits to impeach their own verdict.

Likewise, here it is impermissible to question jurors in support of a verdict.

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Martin v. Blackmon
640 S.W.2d 435 (Supreme Court of Arkansas, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
640 S.W.2d 435, 277 Ark. 190, 1982 Ark. LEXIS 1534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-blackmon-ark-1982.