Morgan v. Commonwealth

Dissenting opinion by

Justice COOPER.

Without benefit of intelligible briefing1 or even oral argument, a majority of this Court has seized upon this case to alter the manner in which jury trials, both criminal and civil, will hereafter be practiced in Kentucky (at least until the membership of this Court changes once again). In doing so, the majority seems to suggest that the per se reversible error rule, heretofore applied when a litigant is denied the peremptory challenges to which he/she/it is lawfully entitled, was created out of whole cloth in Thomas v. Commonwealth, 864 S.W.2d 252…