The availability of prejudicial material on the internet does not, without evidence that jurors actually accessed it, warrant a permanent stay of criminal proceedings or constitute a miscarriage of justice, particularly where there is a significant passage of time and firm judicial directions. A confession made by a suspect immediately after being shot at by police may be voluntary where it is in the nature of a dying declaration and was not induced by the shooting. A sentencing judge is not required to sentence for murders not charged on the indictment, even where the arson caused additional deaths beyond those charged.
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