In 2015, a jury found Doctor Robert Neulander guilty of murdering his wife. He appealed the decision after his attorney was informed that one juror failed to follow the judge's explicit instructions; to not talk to anyone about the trial. 

"They certainly know that any contact with anybody in the outside world is strictly prohibited and here it was extreme," said Emil Rossi, a Syracuse criminal defense attorney.  

A hearing revealed that juror 12, Johnna Lorraine, spoke with friends and family members about the trial through text message. One message from her father read, "Make sure he's guilty." Another message from a friend referred to Neulander as a "scary person." But those conversations weren't her only violations.

"The juror didn't follow instructions and apparently was not as candid as the juror should have been when she discussed this with the court and  beyond that, even made efforts to conceal the nature of the communications," said Rossi. 

On Friday, the decision from the appellate court was released granting Neulander a new trial. 

It was a mixed decision, with two judges dissenting. While they acknowledged her misconduct, they pointed out that other messages show she took her role as a juror seriously and said the evidence against the juror never established prejudice. 

But Rossi believes the majority of judges made the right call. He said, "If there is that kind of misconduct, the only way to remedy it is to grant another trial. Even if the verdict would have come out the same way without the misconduct."

Rossi admits that a family member or friend mentioning the trial in a juror's presence may be unavoidable, but says it's up to the juror to report it, to ensure a fair trial.