Monday, May 13, 2013

KYSC - Rodriguez - Unanimous Verdict

Rodriguez v. Commonwealth, 2012-SC-000049-MR (rendered 4/25/13) (to be published)

The Court reversed a Class A felony incest conviction for new proceedings because the trial court’s jury instruction, which covered an extremely long time period, failed to require a unanimous determination beyond a reasonable doubt that the victim was under 12 years of age at the time of the offense.  

Susan Balliet was the appellate attorney.

Contributed by Kathleen Schmidt