duplicitous instruction (Kentucky) · Go Syfert
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duplicitous instruction in Kentucky

5 Kentucky opinions name it 2 courts 2013–2022 2 in the last five years

The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Martin v. Commonwealthgreen
ky · 2015 · cited in 2 Kentucky opinions naming this issue, 2021–2022
2 sentences

2021In King v. Commonwealth, the prosecution presented evidence of multiple acts of sexual abuse, and the relevant jury instruction allowed for a finding of guilt based on any of the multiple, separate acts of sexual abuse mentioned in the evidence.8 Furthermore, the jury instruction contained no specific direction to the jury emphasizing to them they must unanimously agree on a particular act.9 Therefore, we held that there was no way to determine that all twelve jurors agreed upon the criminal act for which they convicted King.10 We identified three ways a trial court can avoid a duplicitous ins

2021In King v. Commonwealth, the prosecution presented evidence of multiple acts of sexual abuse, and the relevant jury instruction allowed for a finding of guilt based on any of the multiple, separate acts of sexual abuse mentioned in the evidence.8 Furthermore, the jury instruction contained no specific direction to the jury emphasizing to them they must unanimously agree on a particular act.9 Therefore, we held that there was no way to determine that all twelve jurors agreed upon the criminal act for which they convicted King.10 We identified three ways a trial court can avoid a duplicitous ins

12
Asa Pieratt Gullett IV v. Commonwealth of Kentuckygreen
ky · 2017 · cited in 1 Kentucky opinions naming this issue, 2022–2022
1 sentence

2022See Gullett, 514 S.W.3d at 529-30 (providing examples of how jury instructions could be rephrased with more specificity so to eliminate the duplicitous instruction error where there were two incidents of both sodomy and sexual abuse).

11
King v. Commonwealthgreen
moctapp · 2018 · cited in 1 Kentucky opinions naming this issue, 2021–2021
1 sentence

2021King v. Commonwealth, 554 S.W.3d 343, 351 (Ky. 2018) (citing Jenkins v. 7 Commonwealth, 496 S.W.3d 435, 448 (Ky. 2016)). 8 Id. at 352. 9 Id. 10 Id. 6 consider; (2) the verdict form can identify the particular act upon which the jury determined guilt; or (3) a special instruction, as held by some courts, informing the jury that, in order to convict, all twelve jurors must agree that the defendant committed the same act.11 The trial court in Jamieson’s case chose the third method with its instructions.

11
David Alan Jenkins v. Commonwealth of Kentuckygreen
ky · 2016 · cited in 1 Kentucky opinions naming this issue, 2021–2021
1 sentence

2021King v. Commonwealth, 554 S.W.3d 343, 351 (Ky. 2018) (citing Jenkins v. 7 Commonwealth, 496 S.W.3d 435, 448 (Ky. 2016)). 8 Id. at 352. 9 Id. 10 Id. 6 consider; (2) the verdict form can identify the particular act upon which the jury determined guilt; or (3) a special instruction, as held by some courts, informing the jury that, in order to convict, all twelve jurors must agree that the defendant committed the same act.11 The trial court in Jamieson’s case chose the third method with its instructions.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Johnson v. Commonwealth green
ky · 2013
2 sentences

2022That type of error “violates a defendant’s right to a unanimous verdict and also touches on the right to due process, is a fundamental error that is jurisprudentially intolerable” and is thus “palpable[.]” Johnson, 405 S.W.3d at 457 .

2013Johnson v. Commonwealth, 405 S.W.3d 439 (Ky.2013).

22013–2022
Kingrey v. Commonwealth green
ky · 2013
2 sentences

2018Rather, a duplicitous instruction "allow[s] the jury to convict [the defendant] of one crime based on two separate and distinct criminal acts that violated. the same criminal statute." [Kingrey,] 396 S.W.3d at 831 .

2016Rather, a duplicitous instruction “allow[s] the jury to convict [the defendant] of one crime based on two separate and distinct criminal acts that violated the same criminal statute.” 396 S.W.3d at 831 .

22016–2018
Nery J. Ruiz v. Commonwealth of Kentucky green
ky · 2015
1 sentence

2022To fix the problem of duplicitous instruction on remand, jury instructions need to be “tailored to reflect the evidence and require a unanimous verdict regarding a specific factual scenario[.]” Martin, 456 S.W.3d at 8 . “[T]he instructions and verdict forms must be couched in language that eliminates any ambiguity regarding the jury’s consensus.” Ruiz, 471 S.W.3d at 678 .

12022–2022

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