WEDNESDAY, SEPTEMBER 10, 1997
Style: Lowrey v. State, No. 89,371

Facts: After the jury returned a verdict of guilty in his criminal trial, Lowrey learned thatone of the jurors had a criminal charge pending against him, thus disqualifying the jurorfrom service. The juror had failed to disclose the pending charge during jury selection.Lowrey moved for a new trial on the ground that the juror's misconduct had preventedthe defense from conducting effective jury selection. The trial court held a hearing andfound that there was no showing that the pending charge affected the juror's conduct.The motion for new trial was denied. On appeal, the district court of appeal affirmed.Lowrey seeks review, arguing that harm to the defendant should be presumed when ajuror under prosecution fails to disclose the fact and sits on a jury.

Issue: Whether actual harm must be shown in order to justify a new trial when a jurorfails to disclose a pending criminal charge.