TOPEKA, Kan. (WIBW) - A Shawnee County District Court judge ruled a juror commenting on an online news story did constitute misconduct.
Judge Evelyn Wilson made the ruling Tuesday in Anceo Stovall's request for a new trial. Wilson says the district attorney's office now must prove "beyond a reasonable doubt" that the comments did not affect the outcome of the trial.
Stovall was convicted in July of robbery, but a mistrial was declared on nine other counts related to the murder of Natalie Gibson when jurors couldn't reach a verdict.
Stovall's re-trial on those counts is set for January 31st. A hearing to argue whether the misconduct will mean a retrial on the robbery conviction is set for December 17.
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