Nunley v. Commonwealth
Annotate this CaseAfter a jury trial, Defendant was convicted of three counts of sodomy against his step-daughter. Defendant appealed, claiming that he was entitled to a mistrial for an alleged Brady violation and that the trial court erred in excusing a juror. The Supreme Court affirmed, holding that the trial court (1) did not err in denying a mistrial, as the prosecution did not violate Defendant's due process rights by failing to disclose material evidence to the defense in violation of Brady; and (2) did not abuse its discretion in designating the questionable juror as an alternate and excusing him from deliberating in the case.
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