Miles v. Commonwealth

OPINION

ACREE, Judge.

Steven Miles appeals his Gallatin District Court conviction for driving a motor vehicle while under the influence. Because the manner in which the trial court polled the jury did not comply with Kentucky Rule of Criminal Procedure (RCr) 9.88, we reverse.

Our highest court long ago established that “the right to poll the jury in criminal cases is an essential part of the right of trial by jury and held denial to be prejudicial error.” Powell v. Com., 346 S.W.2d 731, 733 (Ky.1961). The right is one to have the conscience of each individual juror tested by an individualized…