Commonwealth v. Abnee
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Several weeks after Defendant was convicted of first-degree sodomy he moved for a new trial based upon an unsworn, unauthenticated note purportedly written by a member of the jury panel that convicted him. The note stated that the jury had been influenced by information not presented in evidence and that the writer had been pressured into voting to convict. The trial court denied the motion. The court of appeals reversed and remanded for a hearing to ascertain the validity of the claim, and if true, whether the prejudicial effect of the occurrence would entitle Defendant to a new trial. The Supreme Court granted review and reversed, holding (1) an unauthenticated and unsworn letter from a lone juror, without more, is insufficient to trigger the process for further inquiry into the validity of a jury verdict by motion for a new trial; and (2) therefore, the trial court did not abuse its discretion in denying Defendant's motion for a new trial.
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