Trial Practice

Applying State v. Chambers, the Supreme Court rejected a case-by-case constitutional test. The statute is constitutional when its two safeguards are observed: the alternate must not have discussed the case and the reconstituted jury must begin deliberations anew. The Court reversed on substitution, held the suppression issue unpreserved, and remanded for remaining issues.

The Supreme Court reversed and concluded that McGirt knowingly, intelligently, and voluntarily waived counsel. The written requests, extended history with appointed counsel, and trial court’s questioning showed an unequivocal choice and awareness of the consequences. Because waiver resolved the appeal, the majority did not need to decide forfeiture by misconduct.