The investigation and presentation of a motion for new trial after a jury convicts a Defendant is a critical stage of the appellate process. The question herein presented is whether the failure of initial appellate counsel was deficient to require an out of time appeal or hearing on a motion for new trial based on initial appellate counsel's failure to investigate jury misconduct arising from a juror's relationship with a co-defendant and his family that would establish the juror's bias and the granting of a new trial.

Whether the failure of initial appellate counsel to investigate jury misconduct arising from a juror's relationship with a co-defendant constitutes ineffective assistance warranting an out-of-time appeal or new trial hearing