394 S.W.3d 903
Ky.2013Background
- Simmons was convicted in July 2008 of first-degree trafficking in cocaine and sentenced as a second-degree persistent felon to fifteen years.
- An eleven-member jury tried Simmons because one juror was absent due to a broken ankle.
- Court of Appeals vacated the judgment and remanded to determine whether Simmons validly waived a twelve-person jury.
- Kentucky Constitution Section 7 guarantees the twelve-person jury as a fundamental right; waivers must be personal and knowing.
- The trial court failed to on-the-record advise Simmons of the twelve-person right; remand was ordered to assess whether the waiver was knowing and voluntary.
- The Court ultimately held that the right to a twelve-person jury is fundamental and may be waived only by the defendant personally, with a remand for an evidentiary hearing to determine if such a waiver occurred.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is a twelve-person jury a fundamental right under Kentucky Constitution Section 7? | Simmons: right is fundamental and must be personally waived. | Commonwealth: twelve-member jury is not on par with the jury-trial right; counsel waiver is permissible. | Yes; twelve-person jury is fundamental. |
| Can a twelve-person jury waiver be effected by counsel’s stipulation without the defendant’s personal consent? | Waiver must be personal and knowingly/voluntarily made by defendant. | Counsel may waive as a trial-management decision. | Waiver must be personal; counsel’s stipulation is insufficient. |
| What remedy is appropriate when a trial records shows lack of proper personal waiver? | Remand for evidentiary hearing to determine if defendant was advised and consented. | Some waivers may be harmless error; evidence needed to assess validity. | Remand for evidentiary hearing to determine valid waiver. |
| Does federal Williams v. Florida affect Kentucky's reading of the twelve-person-jury right? | Not directly controlling; Kentucky affirmatively protects twelve-person right. | Williams rejects common-law twelve-person presumption. | Kentucky constitutionally preserves twelve-person jury despite Williams. |
Key Cases Cited
- Williams v. Florida, 399 U.S. 78 (U.S. 1970) (rejected automatic constitutionalization of twelve jurors; six-person juries permissible under Federal Sixth Amendment)
- Patton v. United States, 281 U.S. 276 (U.S. 1930) (first recognized defendant’s right to waive a jury trial with consent of government and court)
- Short v. Commonwealth, 519 S.W.2d 828 (Ky. 1975) (waiver of jury trial possible if understanding and voluntary; record must show validity similar to guilty-plea standards)
- Jackson v. Commonwealth, 113 S.W.3d 128 (Ky. 2003) (on-record colloquy can excuse writing requirement; counsel’s agreement alone not sufficient)
- Gonzalez v. United States, 553 U.S. 242 (U.S. 2008) (certain trial-management waivers may be allowed; defendant’s personal waiver still required for fundamental rights)