Nery J. Ruiz v. Commonwealth of Kentucky
471 S.W.3d 675
| Ky. | 2015Background
- Nery Ruiz appeals his Christian County conviction for first-degree sexual abuse and first-degree sodomy of his stepdaughter Linda, ages six during the period at issue (July 1–Nov. 25, 2012).
- Linda reported multiple episodes of sexual misconduct by Ruiz during a five-month span; Linda’s mother was deployed overseas, and Linda resided with Ruiz, her grandmother, and an aunt.
- At trial, Linda testified to numerous, non-specific acts; Ruiz testified inconsistently and suggested Linda’s grandmother coached her to make the allegations.
- The court gave two joint counts: first-degree sexual abuse and first-degree sodomy, over which the jury returned guilty verdicts on two counts and acquitted one count; Ruiz was sentenced to 20 years.
- Ruiz challenged the instructions as potentially non-unanimous and argued the indictment was duplicitous by charging multiple indistinguishable acts within single counts.
- The court vacated the judgment for a new trial on the unanimous-verdict issue, and addressed bolstering issues and probable-cause testimony for potential retrial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Unanimity of verdict | Johnson dictates unanimity requires same act basis for verdict. | Indistinguishable acts within one instruction risk non-unanimity | Unanimity violation; vacate and remand for new trial |
| Duplicitous indictment | Counts grouped multiple acts as single offenses, prejudicing defense. | Waived defect by not raising; could have sought bill of particulars. | Not decided on the merits; waived; remand not required |
| Bolstering and demeanor testimony | Officer's testimony bolsters credibility of Linda and family. | Demeanor descriptions are improper bolstering and inflame passion. | Havens’ demeanor testimony should be limited on retrial; not proper bolstering |
| Probable cause testimony | Officer’s statement of probable cause reflects admissible investigative steps. | Probable-cause statement improperly vouches as to truth of allegations. | Officer should not testify about personal finding of probable cause on retrial |
Key Cases Cited
- Johnson v. Commonwealth, 405 S.W.3d 439 (Ky. 2013) (unanimity requirement violated by indistinguishable acts in a single instruction)
- Wells v. Commonwealth, 561 S.W.2d 85 (Ky. 1978) (section 7 unanimous verdict requirement; general principles of unanimity)
- Strong v. Commonwealth, 507 S.W.2d 691 (Ky. 1974) (indictment and trial procedures; bill-of-particulars considerations)
- Coomer v. Commonwealth, 238 S.W.2d 161 (Ky. 1951) (early unanimity and conviction review standards)
- Sanborn v. Commonwealth, 754 S.W.2d 534 (Ky. 1988) (rejects the notion of an 'investigative hearsay' rule; hearsay analysis)
- McDaniel v. Commonwealth, 415 S.W.3d 643 (Ky. 2013) (no special rule for out-of-court statements to police; standard hearsay rules apply)
- Harp v. Commonwealth, 266 S.W.3d 813 (Ky. 2008) (unanimity and multiple counts context; implications for reversals)
- Miller v. Commonwealth, 283 S.W.3d 690 (Ky. 2009) (reviewing ambiguity of which offenses formed the verdict; due process concerns)