Johnson v. Commonwealth,
2011-SC-000365-MR (rendered 4/25/13) (to be published),
The evidence suggested
the child victim had sustained numerous injuries over time, yet the jury
instructions failed to specify what injury or abusive act the jury should use
as a basis for finding guilt. When the evidence could support guilt based on
more than one criminal act, the instructions must require the jury to specify
which criminal act is relied on in finding guilt. Otherwise the verdict
is non-unanimous in violation of both Section 7 of the Kentucky Constitution
and federal due process.
Susan Balliet
was the appellate attorney.
Contributed by Kathleen Schmidt
