WYOMING COURT RULES

64 alternate juror was needed, and not before, where the replacement juror sitting on the panel for the sentencing phase was, in fact, the first juror selected from the clerk’s drum when the trial court found it necessary to use one of the alternate jurors. Olsen v. State, 2003 WY 46, 67 P.3d 536, 2003 Wyo. LEXIS 57 (Wyo. 2003). Substitution of alternate juror was er- ror. — The substitution of an alternate juror, after jury deliberations had begun in a defen- dant’s kidnapping trial, constituted prejudicial error, where (1) the reconstituted jury was not instructed to recommence deliberations from the beginning; (2) there was no inquiry as to whether the remaining regular jurors could set aside their previous deliberations and any opin- ions formed during those deliberations; and (3) the potential for prejudice was evidenced by the fact that the original jury deliberated the pre- vious afternoon without reaching a verdict, but managed to reach a verdict with the participa- tion of the alternate juror in less than an hour. Alcalde v. State, 2003 WY 99, 74 P.3d 1253, 2003 Wyo. LEXIS 120 (Wyo. 2003). Failure to discharge alternate juror when deliberations commenced. — Where an alternate juror was mistakenly allowed into the jury room and remained there for the first hour and a half of deliberations, it was pre- sumed that the juror participated; since the trial court did not instruct the jurors to disre- gard that juror’s input, the reviewing court could only further presume that defendant was prejudiced. McAdams v. State, 2003 WY 104, 75 P.3d 665, 2003 Wyo. LEXIS 125 (Wyo. 2003). Peremptory challenges proper. — In an attempted first-degree murder case, defen- dant’s equal protection rights under Batson were not violated by the prosecutor’s exercise of two peremptory challenges against Hispanic jurors because one of the Hispanic jurors knew one of the law enforcement witnesses, knew another witness’s mother, and preferred not to miss an upcoming doctor’s appointment. The other Hispanic juror knew a witness. Mattern v. State, 2007 WY 24, 151 P.3d 1116, 2007 Wyo. LEXIS 27 (Wyo.), cert. denied, 551 U.S. 1153, 127 S. Ct. 3021, 168 L. Ed. 2d 741, 2007 U.S. LEXIS 8451 (U.S. 2007). Law reviews. — For article, “The Greatest Lawyer in the World (The Maturing of Janice Walker),” see XIV Land & Water L. Rev. 135 (1979).