This opinion will be unpublished and
may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (2012).
STATE OF MINNESOTA
IN COURT OF APPEALS
A13-2321
State of Minnesota,
Respondent,
vs.
Antawon Antonio Baker,
Appellant.
Filed November 3, 2014
Affirmed
Klaphake, Judge*
Sherburne County District Court
File No. 71-CR-12-1910
Lori Swanson, Attorney General, Matthew Frank, Assistant Attorney General, St. Paul,
Minnesota; and
Kathleen A. Heaney, Sherburne County Attorney, Leah G. Emmans, Assistant County
Attorney, Elk River, Minnesota (for respondent)
Cathryn Middlebrook, Chief Appellate Public Defender, Davi E. Axelson, Assistant
Public Defender, St. Paul, Minnesota (for appellant)
Considered and decided by Hooten, Presiding Judge; Johnson, Judge; and
Klaphake, Judge.
*
Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to
Minn. Const. art. VI, § 10.
UNPUBLISHED OPINION
KLAPHAKE, Judge
On appeal from his conviction of burglary, appellant Antawon Antonio Baker
argues that the district court erred by denying his request for a Schwartz hearing
regarding jury misconduct. We affirm.
DECISION
Appellant argues that the district court erred by denying his request for a Schwartz
hearing because a juror was allegedly intimidated into convicting him. See Schwartz v.
Minneapolis Suburban Bus Co., 258 Minn. 325, 328, 104 N.W.2d 301, 303 (1960)
(stating the procedure for questioning jurors following a verdict to determine whether
jury misconduct occurred). “In cases in which a petitioner alleges juror misconduct, the
trial court may order a hearing with jurors who were privy to the alleged misconduct in
the presence of all interested parties.” Opsahl v. State, 677 N.W.2d 414, 421 (Minn.
2004) (citing Schwartz, 258 Minn. at 328, 104 N.W.2d at 303). To warrant a Schwartz
hearing to examine possible jury misconduct, a “defendant must first present evidence
that if unchallenged would warrant the conclusion that jury misconduct occurred.” State
v. Jackson, 615 N.W.2d 391, 396 (Minn. App. 2000), review denied (Minn. Oct. 17,
2000). This court will reverse a district court’s decision not to hold a Schwartz hearing
only if it abused its discretion by denying a request for the hearing. State v. Church, 577
N.W.2d 715, 721 (Minn. 1998).
After appellant’s trial, a juror spoke with appellant’s defense counsel. Appellant’s
defense counsel requested a Schwartz hearing and submitted an affidavit outlining the
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conversation. The juror explained that she felt “strongly intimidated and pressured into
voting for conviction,” and that “the jury ignored the evidence, and were mostly
interested in getting done with the deliberations so they could go home.” Based on this
evidence, the district court denied appellant’s request for a Schwartz hearing by
reasoning,
The evidence that’s proffered to the Court at this time does
not indicate that there was any extraneous, prejudicial
information improperly brought to the jury’s attention nor
does the information indicate that there was any outside
influence improperly brought to bear on any juror. And
finally the evidence does not demonstrate that there was
threat of violence or a violent act brought to bear on the jurors
from whatever source, whether it be internal or external to
reach a verdict.
We conclude that the district court did not abuse its discretion by denying
appellant’s request. “The trial court must distinguish between testimony about
‘psychological’ intimidation, coercion, and persuasion, which would be inadmissible, as
opposed to express acts or threats of violence.” Minn. R. Evid. 606(b) 1989 committee
cmt. The juror stated that she felt “strongly intimidated and pressured,” but did not
indicate that she had been threatened with violence, received improper extraneous
prejudicial information, or outside influence.
Appellant argues that because defense counsel “did not question [the juror] in any
way and simply allowed her to speak what was on her mind . . . it is quite possible that
more details would have emerged if [the juror] was questioned about threats of physical
violence.” We disagree. Appellant is correct that “it is undesirable to permit attorneys or
investigators for a defeated litigant to harass jurors by submitting them to interrogation
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. . . without more protection for the ascertainment of the facts.” Schwartz, 258 Minn. at
303, 104 N.W.2d at 328. But appellant bears the burden to “present evidence that if
unchallenged would warrant the conclusion that jury misconduct occurred.” Jackson,
615 N.W.2d at 396. Standing alone and unchallenged, the juror’s statements do not
warrant a Schwartz hearing. Consequently, the district court did not err by denying
appellant’s request.
Affirmed.
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State of Minnesota v. Antawon Antonio Baker
Combined Opinion