Evans v. Commonwealth

BENTON, Judge.

Roland Evans contends the trial judge erred in sustaining the Commonwealth’s objection to a witness’ testimony and by denying Evans’s motion for an evidentiary hearing to investigate juror misconduct. Because the record does not contain a proffer of the witness’ expected testimony, we cannot determine whether the judge erred in sustaining the objection to the testimony. In addition, we hold the trial judge made a premature credibility finding on the issue of juror misconduct. We, therefore, reverse the trial judge’s decision on the motion and remand for an evidentiary hearing.

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