Salt Lake City, UT asked in Appeals / Appellate Law and Criminal Law for Utah

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?

1 Lawyer Answer

A: Maybe. This is a highly technical area of State and Federal appellate law. Sounds like the Troy Kell case.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.