MILES V. COM.
CRIMINAL: Jury Polling
PANEL: ACREE PRESIDING; DIXON, TAYLOR CONCUR
DATE RENDERED: 6/6/2008
Miles’ conviction for DUI reversed because the manner in which the trial court polled the jury did not comply with Kentucky Rule of Criminal Procedure (RCr) 9.88. Polling is “done by the clerk’s or court’s asking each juror if it is his or her verdict.” It is clear from the videotape that the trial court did not “ask each juror” if this was his or her verdict. The court’s method of polling the six jurors took exactly four seconds. None of the jurors responded audibly. It is possible that all six jurors individually responded in a non-verbal way to the court’s four queries. While a non-verbal response to the court’s queries can be sufficient, the response must be to a question specifically posed to that responding juror and to him alone.
Digested by Scott C. Byrd