Forbes v. State

This is an appeal from an order denying appellant Kelton Forbes’ motion for new trial. We conclude that the first issue, alleging that the lower court erred in denying the motion without affording him the opportunity to interview a juror to determine whether the juror failed to disclose knowledge of Forbes during voir dire, requires reversal and remand of the case for an evidentiary hearing. We thus do not reach appellant’s second issue pertaining to his sentence.

The affidavits Forbes presented in support of his motion disclose that neighbors averred that the juror lived in the same…