Q: Are jury statements taken during an investigation on a death penalty appeal considered as New evidence?
an investigator interviewed jury members as part of the appeal process, where jury members stated a judge had spoken to them during deliberations outside counsel and defendant, and stated that the trial atmosphere was intimidating as the trial was held in a prison in a makeshift courtroom, are this statements considered as New evidence in appeal?
A: Maybe. This is a highly technical area of State and Federal appellate law. Sounds like the Troy Kell case.
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