Carter v. Davis, [Ms. A25A1283, Aug. 19, 2025] __ Ga. App. __ (2025). The court (Mercier, J.; Dillard, P.J., and Fuller, S.J., concurring) affirms a defense verdict in a civil negligence case, holding that the trial court’s failure to exclude an alternate juror from deliberations was harmless error.
The court reiterates that a motion for mistrial must be made and granted prior to the return of a verdict; post-verdict relief on that basis is procedurally improper. Although the trial court erred by failing to discharge the alternate as required under OCGA § 9-11-47(b), the court found the error harmless based on credited testimony that the alternate did not participate in deliberations. Citing Lester v. State, 310 Ga. 81 (2020) the court applies the rebuttable presumption of harm standard and concludes it was overcome where the record supported the trial court’s factual findings. The court emphasizes that the proper remedy for such claims post-verdict is a motion for a new trial, not a renewed motion for mistrial.