Kays v. Commonwealth

OPINION

NICKELL, JUDGE:

Casey Kays stands convicted of one count of rape1 and one count of sodomy,2 both in the third degree. Conviction followed an October 2014 trial where jurors chose the maximum sentence of five years on each charge, terms to be served consecutively for a total of ten years. The Jefferson Circuit Court sentenced Kays in conformity with the jury’s decision.

Charges stemmed from Kays having sex with A.J.,3 a teenage girl who had been his student and a player on the high school volleyball team he coached. Kays now challenges the final judgment alleging a juror was erroneously…