Keveon Robinson v. Commonwealth of Kentucky, 2020 SC 0447

Defendant Keveon Robinson was convicted by a Jefferson Circuit Court jury of first-degree sodomy against an eight-year-old and sentenced to 20 years. He appealed.
During voir dire Juror #8 expressed inability to serve and was dismissed; Juror #2 said she would "like" to hear the defendant testify and later said she would want to defend herself if charged. Defense moved to strike Juror #2 for cause and the court denied the motion.
Juror #6 disclosed a history of sexual abuse (decades earlier); when asked whether that would affect her ability to be impartial she said, "I don't think so." Defense moved to strike Juror #6 for cause and the court denied the motion.
In closing the prosecutor described Robinson as a "pedophile." Defense objected; the trial court overruled the objection and did not admonish the jury (the jury had been repeatedly instructed that lawyers' statements are not evidence).
The Court of Appeals reviewed the trial court's denial of strikes for abuse of discretion and considered whether the prosecutor's comment required reversal for prosecutorial misconduct, ultimately affirming the conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Trial court abused discretion by refusing to strike Juror #2 for cause	Juror #2 said she would want to hear the defendant testify and reacted to Juror #8’s statements, showing she would be biased if defendant did not testify	Trial court reasonably found Juror #2 expressed only a preference to hear testimony, not an inability to be impartial; demeanor and context support denial	Denial was not an abuse of discretion; judge evaluated totality and Sturgeon standard applies
Trial court abused discretion by refusing to strike Juror #6 for cause	Juror #6’s past sexual abuse and visible upset created reasonable ground to believe she could not be impartial	Juror expressly stated the experience would not affect her; mere status as a victim of similar crime does not mandate excusal; court weighed demeanor and responses	Denial was not an abuse of discretion; judge properly considered totality of circumstances
Prosecutorial misconduct from calling defendant a "pedophile" in closing	Use of the charged term inflames the jury and was improper argument warranting reversal	Comment was related to element (sexual gratification) and objected to contemporaneously; evidence of guilt was overwhelming so any error was harmless	Calling defendant a "pedophile" was improper, but harmless given overwhelming evidence and confessions; no reversal

Morrison v. Commonwealth, 528 S.W.3d 896 (Ky. 2017) (trial-court juror-strike decisions reviewed for abuse of discretion)
Sturgeon v. Commonwealth, 521 S.W.3d 189 (Ky. 2017) (RCr 9.36(1) requires excusal where there is a "reasonable ground to believe" juror cannot be impartial)
Fugett v. Commonwealth, 250 S.W.3d 604 (Ky. 2008) (juror-bias inquiry requires weighing totality of circumstances)
Shane v. Commonwealth, 243 S.W.3d 336 (Ky. 2007) (juror demeanor and subsequent comments can disprove claim of impartiality)
Bowling v. Commonwealth, 942 S.W.2d 293 (Ky. 1997) (being a victim of a similar crime alone does not automatically require excusal)
Dickerson v. Commonwealth, 485 S.W.3d 310 (Ky. 2016) (framework for reversal for prosecutorial misconduct; flagrant error or factors requiring reversal)
Duncan v. Commonwealth, 322 S.W.3d 81 (Ky. 2010) (requirements for reversal when prosecutorial misconduct is objected to and whether admonition cures error)
McGorman v. Commonwealth, 489 S.W.3d 731 (Ky. 2016) (definition and assessment of prosecutorial misconduct)