State v. Gray
249 P.3d 465
| Kan. Ct. App. | 2011Background
- Claudie Gray was convicted by a jury of aggravated assault of a law enforcement officer and three alternative counts of fleeing and attempting to elude a police officer.
- On the day the jury reached its verdict, the foreman announced in open court that a verdict had been reached and the foreman read the entire verdict.
- The trial court asked whether either side wished to poll the jury; both sides declined.
- The court did not ask the jurors in open court whether the verdict was the jury's verdict.
- Gray did not request polling of the jury, so he waived that right under controlling precedent.
- The issue is whether failure to inquire if the verdict is the jury's verdict constitutes reversible error, requiring a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court's failure to inquire whether the verdict was the jury's verdict constitute reversible error? | Gray (plaintiff) argues the failure violated K.S.A. 22-3421. | State (defendant) contends no error since polling was waived and unanimity was not at issue. | Yes; reversible error requiring a new trial. |
| Does waiver of polling defeat the obligation to ensure unanimity under 22-3421? | Gray asserts the open-court inquiry is independent of polling. | State argues waiver of polling suffices and does not affect unanimity safeguards. | Waiver does not cure the open-verdict-inquiry requirement; error reversible. |
| Can failure to ask if the verdict was the jury's verdict impact finality/unanimity protections? | Gray emphasizes the need for explicit confirmation of the jury's verdict. | State notes no unanimity issue since polling wasn’t requested. | Yes; undermines unanimity/finality protections; requires reversal. |
Key Cases Cited
- State v. Holt, 285 Kan. 760 (2008) (polling procedures should ensure individual juror assent to verdict)
- State v. Johnson, 40 Kan. App. 2d 1059 (2008) (failure to poll absent a request is reversible error; verdict must be unanimous)
- State v. Dayhuff, 37 Kan. App. 2d 779 (2007) (juror unanimity and verdict finality issues reviewed)