Welch v. Commonwealth

Opinion of the Court by

Justice MINTON.

Robert Keith Welch appeals his convictions for first-degree manslaughter, first-degree robbery, and tampering with physical evidence. We vacate and remand because the trial court inexplicably engaged in improper ex parte communication with the deliberating jury.

I. FACTUAL AND PROCEDURAL HISTORY.

Welch and his friend, Willie Allen, produced rap CDs. To raise money to further their rap music venture, they decided to buy $5,000 worth of marijuana and sell it for a profit. The events leading up to the drug deal are disputed, but Allen and Welch ultimately…