[Download] "Adams Construction Co. v. Bentley" by Court Of Appeals Of Kentucky " eBook PDF Kindle ePub Free

July 03, 2021

eBook details

Title: Adams Construction Co. v. Bentley
Author : Court Of Appeals Of Kentucky
Release Date : January 20, 1960
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 54 KB

Description

Shortly after submitting this case to the jury, the trial court excused one of the jurors and replaced him with a discharged alternate juror, who was apparently located and returned to the courthouse. Such a post-submission substitution ofjurors is reversible error under current Kentucky precedent if the error is preserved. By contrast, we held in an unpublished case that such a post-submission substitution did not require reversal if the error is unpreserved. Having re-examined the post-submission juror substitution issue in this appeal, we remain convinced that a trial court lacks the authority to order post-submission substitution of a juror. But we now also hold that a post-submission substitution error is subject to harmless error analysis. The substitution error is not harmless in this case because the trial court failed (1) to ascertain by a colloquy on the record that the replacement juror had not been tainted by outside contacts after being discharged and (2) to order the reconstituted jury to start their deliberations over after the replacement joined them.