A 301 to a new domain is at best pointless.
If the domain is banned by G then the G bot won't be visiting anyway so won't follow the 301.
If the domain has been peanalised and G bot does visit, then you're just relating something they see as bad to your new domain, so it gets flagged as suspect.
Regardless, it won't get your old domain re-indexed, but it could hurt your new domain. The only way to get a banned domain re-inexed is to beg google via the webmasters console.
Get a new domain and host the same content, change it around a little if you like, if G has de-indexed the original domain then the same content on a new domain isn't duplicate (the old content has gone!) Duplicate content isn't really a very big issue anyway, sites are scraped all the time with litle effect.
Leave the old domain up if you're getting visit to it from Yahoo or elsewhere.