Commonwealth v. Brewer

OPINION AND ORDER

ACREE, Judge.

The Commonwealth appeals from the July 1, 2008 order of the Jefferson Circuit Court voiding the jury verdict and granting Kelly Gaye Brewer a new trial. For the following reasons, we reverse.

On May 12, 2008, a jury found Brewer guilty of Burglary in the First Degree and Assault in the First Degree. The jury subsequently began deliberations to determine Brewer’s sentence. Before the jury completed its deliberations, the parties discovered the possibility that a juror had a prior felony conviction. The suspect juror had answered “no” on her juror qualification form…