Nery J. Ruiz v. Commonwealth of Kentucky

OPINION OF THE COURT BY JUSTICE VENTERS

Appellant, Nery Ruiz, appeals from a judgment of the Christian Circuit Court convicting him of first-degree sexual abuse and first-degree sodomy. As grounds for relief Appellant contends that (1) flawed jury instructions and a duplicitous indictment violated his right to a unanimous verdict; and (2) the Commonwealth improperly elicited testimony from a police officer which impermissibly bolstered the credibility of the victim.

Because the instructions given in this case denied Appellant his constitutional right to a unanimous verdict, we vacate the…