State v. Jenner (Signed Opinion)
Annotate this CaseAfter a jury trial, Petitioner was convicted of first degree murder without a recommendation of mercy, attempted murder, and malicious wounding. The Supreme Court affirmed with one exception, holding (1) there was sufficient evidence in the record to support Petitioner’s convictions; (2) the circuit court did not admit unfairly prejudicial evidence during the mercy phase of Defendant’s bifurcated trial; (3) Petitioner failed to prove misconduct with regard to an alleged pre-deliberation conversation among jurors during trial; but (4) the circuit court abused its discretion by unduly restricting Petitioner’s opportunity to attempt to prove his claim that a juror communicated with the surviving victim during trial recesses. Remanded for an additional post-trial hearing on the single issue of juror misconduct.
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