State v. Gray, 249 P.3d 465

Gray was convicted by a jury of aggravated assault of a law enforcement officer and three alternative counts of fleeing and eluding.
The issue on appeal is whether Gray is entitled to a new trial because the trial court did not inquire in open court whether the jury agreed with the verdict just announced by the foreperson.
K.S.A. 22-3421 requires the verdict to be written, read, and for the court to inquire whether it is the jury's verdict, with polling available if either party requests it.
The trial court read the verdict in court but did not ask the jury if the verdict was the jury's verdict; neither party requested polling.
Gray argues the failure to inquire violated 22-3421 and the requirement of unanimity and finality of the verdict.
The Kansas Court of Appeals reverses and remands for a new trial, holding the failure to inquire was reversible error.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the failure to inquire if the verdict was the jury's verdict reversible error?	Gray argues the court failed to satisfy 22-3421 by not asking the verdict was the jury's verdict.	State contends Johnson distinguishes this case since no polling request concerns unanimity.	Reversible error; remand for a new trial.

State v. Holt, 285 Kan. 760 (2008) (better practice to poll the jury individually to ensure each juror affirmatively agrees)
Johnson, 40 Kan.App.2d 1059 (2008) (failure to individually poll the jury waives polling unless requested)
Dayhuff, 37 Kan.App.2d 779 (2007) (unlimited review over issues of jury unanimity)