Published on: Friday, December 2, 2022

In 1993, Grayson, Ky. octogenarian is found by police stabbed to death in her bed. Next to her body is a drunk man, covered in blood, and possessing her jewelry and a butter knife with an oddly twisted tip. Prosecutors argued that he used the twisty knife to unscrew 17 paint-covered screws on a storm window to break into her home. The jurors decided to test this theory by using the twisty knife to try and unscrew and remove a cabinet door in the deliberations room. Satisfied, they convict the man and sentence him to death. Sixth Circuit: Jurors definitely can't experiment like that.  “Jury experimentation that brings extrinsic evidence to the jury’s attention violates the Fifth and Sixth Amendments.” New trial forthwith or let him go.

The case is Fields v. Jordan, No. 17-5065 (6th Cir. Dec. 1, 2022).