Chase v. State

Summary

The court affirmed denial of Chase’s amended application for postconviction relief. It held that the State waived res judicata and statute-of-limitations defenses by failing to plead them, but affirmed on the merits because the medical record was available before trial and therefore was not newly discovered, and because Chase failed to establish that improper jury contact occurred. The court also held that the presumption of prejudice from improper jury contact does not arise until the contact is first proven.