WPIC 4.69.02 Alternate Juror—Instructions to Reconstituted Jury After Beginning of Deliberation...
11 WAPRAC WPIC 4.69.02Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 4.69.02 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
December 2021 Update
Part I. General Instructions
WPIC CHAPTER 4.60. Miscellaneous Instructions During Trial
WPIC 4.69.02 Alternate Juror—Instructions to Reconstituted Jury After Beginning of Deliberations
During this trial (fill in name) was an alternate juror. (Fill in name) has now been seated as a juror in this case. You must disregard all previous deliberations and begin deliberations anew.
NOTE ON USE
Give this instruction whenever it is necessary to seat an alternate juror during the course of deliberations.
COMMENT
CrR 6.5. The trial court's failure to instruct the reconstituted jury on the record that it must disregard previous deliberations and begin deliberations anew is manifest constitutional error. State v. Lamar, 180 Wn.2d 576, 327 P.3d 46 (2014). In Lamar, the Court held that reversal was required when the trial court instructed the jury to bring newly seated alternate juror “up to speed” on deliberations, when alternate juror was seated after deliberations had begun, and did not instruct the jury to disregard the previous deliberations. The instruction mirrors the language of CrR 6.5.
[Current as of September 2018.]
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